Nandlall accuses AG of avoiding personal service of court order

Judicial Review Act

– to file contempt of court proceedings today

Despite several efforts to serve Attorney General and Legal Affairs Minister Basil Williams personally with a copy of Chief Justice Roxane George’s order which compels him to bring the Judicial Review Act into force by July 31, 2018 have thus far proven futile, another action will be taken.
Attorney Anil Nandlall claimed that during an attempt to serve the AG with a copy of the order at his office at 95 Carmichael Street, Georgetown on Wednesday, he was informed by his personal assistant that the Attorney General cannot be served personally by a marshal with an order of court.
“Yesterday (Tuesday), a copy of the said order was served by a marshal on the Personal Assistant of the Attorney General at the AG Chambers. On Monday, a copy of the said order was also served on a Clerk at the Attorney General’s Chambers, as well,” Nandlall claimed.
As such, the Attorney General said he could only conclude that the AG is acting above the law, by avoiding personal service. “The arms of the law are very long. I have outlined sufficient evidence which will establish to any court that the AG is aware of the order and that he is avoiding personal service of the same,” he said.
Nandlall said he has accumulated enough evidence in relation to service and will move to file contempt of court proceedings today. “It is unfortunate that a person holding such offices is demonstrating such gross disrespect for the Judiciary and the rule of law, generally,” he added.
The Solicitor General and two other lawyers from the Attorney General’s Office were present in Court when Chief Justice George made her Order. The ruling of the Chief Justice, according to Nandlall, was carried on the front-page of at least three daily newspapers of Guyana, the day after it was made.
“This Administration, from the President to its most Junior Ministers, have repeatedly and callously demonstrated crass disrespect for the laws of this country, our Judges and the legal process and of course the Constitution. It is up to the Judiciary to now play its part,” he opined.
Last year, Nandlall, a former AG himself, moved to the court to have the following issues addressed: 1) Whether the Minister had discretion to bring into force the Judicial Review Act after the promulgation of Civil Procedure Rules; 2) Whether the Minister had a duty to issue the order to bring into force the Act; and 3) Whether the Honourable Court can compel the Minister to fulfil his duty.
In December 2017, Chief Justice George had granted an Order Rue Nisi of Mandamus, directing the AG to show cause why the said Order Nisi should not be made absolute.
After reviewing all the affidavits files by both sides, and legal arguments, Chief Justice George on Monday, May 28, made the Order Rule Nisi absolute, and directed the Legal Affairs Minister to bring the Judicial Review Act into force. The court also ordered Williams to pay to the applicant $100,000 in costs.
The Bar Council of the Bar Association of Guyana welcomes the recent High Court ruling that compels Attorney General Basil Williams to implement the Judicial Review Act. The Council deems it a move which fills a lacuna in the new Civil Procedure Rule 2016.
According to the Bar Council on Thursday, the implementation of the Act remedies a lacuna in the new Civil Procedure Rules of 2016, which contain procedures contemplating remedies under the Act.
The legal body further outlined that it had previously raised the matter of the implementation of the Act at a meeting with Williams, during a July 22, 2017 meeting, and then again by way of letter dated November 15, 2017 requesting the urgent implementation of the Judicial Review Act.