Unions withdraw case challenging David Granger-issued COVID-19 measures

…as Ali-led Govt put appropriate measures to manage pandemic

Now that the Irfaan Ali-led Government has put the Board of Central Health in charge of managing the COVID-19 pandemic, Attorney-at-Law Darren Wade has withdrawn an application filed on behalf of several Unions challenging the COVID-19 Emergency Measures.
The case was filed by Dawn Gardener, Lincoln Lewis, Coretta McDonald, Guyana Public Service Union (GPSU), the Guyana Teachers’ Union (GTU), and the Guyana Trades Union Congress (GTUC) against the Attorney General Anil Nandlall, SC.

The Unions had contended that former President David Granger exceeded his authority when he issued the Emergency Measures purportedly in accordance with Section 21 of the Public Health Ordinance. The former Head of State, in issuing the measures, declared that COVID-19 is an infection, and directed the then Health Minister, Volda Lawrence to take all the necessary measures to control the spread of the disease. By delegating to the Health Ministry, the authority to create measures to curb the spread of the pandemic, the Unions had argued that Granger violated legal principles in constitutional and administrative law which stipulate that delegated powers cannot be further delegated.

As such, the Unions argued that the former President’s actions amounted to an unconstitutional delegation of his powers and an infringement of Article 111 of the Constitution of Guyana and ultimately sought an order of certiorari to quash the measures as being invalid and void of effect.
During a telephone interview, Wade explained that the Public Health (Coronavirus) Regulation published in the Official Gazette is now being issued by the Chairman of the Board of Central Health and not by the Health Minister Dr Frank Anthony as was being done previously.
“COVID-19 is now managed by the Board of Central Health which is prescribed by statute and not the Minister,” he said on Thursday.

Guyana’s most recent COVID-19 Emergency Measures were issued by the Chairman of the Board of Central Health, Dr Narine Singh, and President Irfaan Ali while the older measures were only signed by the Health Minister.
The Unions had asked the court to grant an interim injunction preventing the State from implementing the requirement that public sector workers show proof of vaccination against COVID-19 or produce a negative PCR test result at their own expense.
The Unions had also sought an interim injunction requiring the State to bear the cost for regular testing for employees of the State until the determination of the substantive matter – the application challenging the constitutionality of the COVID-19 Emergency Measures.
None of the injunctions were granted.
In denying the injunctions, High Court Judge Fidela Corbin-Lincoln said that while the court is empowered to grant interlocutory injunctions against the State, the Unions failed to provide prima facie evidence – a requirement to restrain the enforcement of a law.
While the Unions submitted evidence of the challenges they suffered as a result of the implementation of the COVID-19 measures, particularly the vaccine and testing regulation implemented late last year, the Justice held there was no evidence of irreparable harm being suffered to warrant the grant of the interim injunctions.
“It would not be in the stability of the public to grant an interim injunction restraining the Government from implementing any future or even the existing vaccination measures when it is yet to determine whether or not [Granger] acted ultra vires,” Justice Corbin-Lincoln had ruled. (G1)