PM lawsuit
Scheduled to be heard on Friday, former Appeal Court Judge and Attorney General Charles Ramson Sr’s case against Prime Minister Moses Nagamootoo and Attorney General Basil Williams has been deferred until March 10.
This extension, according to Ramson, was granted after legal representatives of
the respondents applied for leave to file a defence.
“The two State counsels applied to the courts for leave to file a defence. And the court granted them leave,” Ramson stated.
Under section 10:02 of the Civil Procedures rules 2016, an Affidavit in Defence along with Proof of Service has to be filed within a maximum four-day time frame. This is in the case of a fixed date application. Ramson’s suit was filed on February 16.
“This case is being heard under the new Civil Procedure Rules. And the rules are
Basil Williams
very specific, that the State ought to have filed an Affidavit of Defence and Proof of Service within four days of them receiving the application for redress.”
Ramson expressed that the respondents should have had up to Tuesday to file the papers, but that they did not file it but were given leave. It is now scheduled for March 10.
“This application is a fixed date application. They’re supposed to have fixed compliance with these new rules. It’s not like under the new rules, when it was a
Moses Nagamootoo
laissez-faire arrangement.”
Ramson Sr, whose suit was filed for him by his Attorneys Ashton and Pauline Chase, is seeking a declaration that his fundamental right to work was violated by the respondents. He is also seeking an order for the respondents to continue to pay his salary, emoluments and allowances “until such time as his appointment is revoked lawfully.”In addition, he is seeking an order for the Prime Minister, the second named respondent, to provide “such accommodation, resources and officers and employees for the efficient functioning of the office of the Commissioner of Information pursuant to Section 5 of the Access to Information Act 2011.”
Ramson’s writ also includes a request for “exemplary damages against the second named respondent for his unlawful acts and/or the violation of his constitutional right to work”; “any other order as may be just” and finally, cost.
Contending that his right to work has been violated, Ramson quoted Article 149A of the Constitution of Guyana in the writ, which states that; “No person shall be hindered in the enjoyment of his or her right to work, that is to say, the right to free choice of employment.”
While Attorney General Basil Williams was named a respondent as a representative of the State, Nagamootoo was sued under the State Liability and Proceedings Act 1988. He noted that Nagamootoo is required by law to make provisions for his office to function efficiently.
Ramson further stated that post 2015, his accommodation and staff was “degutted in stages”, both unilaterally and by mutual arrangement. He claimed to have relocated to his property for an agreed period of three months which came to an end on December 31, 2015.
Ramson is also contending that for January 2017, his salary was also withheld despite “(Nagamootoo) announcing in the National Assembly at the Committee of Supply stage that $36 million was allocated to my office for the period 1st January to 31st December 2017.”
All of these acts, according to Ramson Sr, have affected his fundamental right to work. He also alleged that Nagamootoo has a “lack of comprehension of the Act aforementioned and/or prompted by malice and/or improper legal advice by person’s with whom he associates and/or is politically aligned resulting in loss and damage to me.”
