Granger moves to Court to stop unauthorized spending by Govt.

Granger moves to Court to stop unauthorized spending by Govt.

Guyana’s Leader of the Opposition David Granger, has moved to the High Court in an effort to stop”unauthorized spending by the Government and spending on programmes that were disapproved by the Parliament.”

In the court action filed on Thursday, Granger through his Attorneys, is asking the court to grant orders that would effectively force the government to stop moving ahead with projects that were not approved by the National Assembly during the 2014 budget. Additionally, orders are also being sought to further restrict the government from spending money that has not been authorized by the Assembly.

The action points to the $36.7 Billion that was slashed from the 2014 National Budget. The reduced budget was passed by the entire National Assembly but the government has been moving ahead with allocations to many of the programmes that were slashed.  The Finance Minister, the Attorney General and the Speaker of the National Assembly have been named by the defendants in the matter.   Granger-web-300x268

The Opposition Leader is being represented by a battery of lawyers including Senior Counsel Rex McKay and Attorneys Basil Williams and Llewelyn John.

SEE FULL COURT DOCUMENTS BELOW

2014 NO. DEMERARA
IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE
CIVIL JURISDICTION
CONSTITUTIONAL/ADMINISTRATIVE DIVISION

IN THE MATTER OF THE CONSTITUTION OF THE COOPERATIVE REPUBLIC OF GUYANA
-AND-
IN THE MATTER OF ARTICLES 1, 8, 50, 51, 56, 59, 99, 103, 106, 110, 112, 112A, 123(1), 171, 216, 217, 218, 219 AND 220 OF THE CONSTITUTION OF THE COOPERATIVE REPUBLIC OF GUYANA.

BETWEEN:

DAVID GRANGER- in his capacity as Leader of the Opposition

Plaintiff

-AND-

1. Dr. Ashni K. Singh- in his capacity as Minister
of Finance
2. THE ATTORNEY GENERAL OF GUYANA
3. RAPHAEL TROTMAN- in his capacity as the
Speaker of the National Assembly.
Defendants jointly and severally

TO: Dr. Ashni K. Singh
Ministry of Finance
Main Street
Georgetown

TO: THE ATTORNEY GENERAL OF GUYANA
Lot 95 Carmichael Street
South Cummingsburg
Georgetown

TO: RAPHAEL TROTMAN
Parliament Building
Georgetown

YOU ARE COMMANDED that within ten (10) days after the service of this Writ on you inclusive of the day of such service you do cause an appearance to be entered for you in an Action at the suit of the abovenamed Plaintiff.
AND TAKE NOTICE that in default of your so doing, the Plaintiff may proceed herein and judgement may be given against you in your absence.

FOR REGISTRAR
Dated at Georgetown, Demerara
This day of December, 2014

NB: The Defendants may appear by entering appearance either personally or Attorney-at-Law at the Registry at Georgetown, Demerara.

INDORSEMENT OF CLAIM:-

The Plaintiff claims against the Defendants Jointly and severally for:-

1. A Declaration that the National Assembly of Guyana pursuant to Article 218 (2) of the Constitution lawfully disapproved in the Annual Estimates of Revenue and Expenditure of 2014, reflected in the Appropriation Bill no. 6 of 2014 and confirmed by the Appropriation Act No. 10 of 2014, the following programmes:-

(i) Current Estimates – Agency code 01, Office of the President, Programme code 011, – Administrative Services – $1,335,928,000.
Capital Estimates – Agency code 01, Office of the President- Programme code 011, Administrative Services- $3,846,901,000.

(ii) Capital Estimates- Agency code 03, Ministry of Finance- Programme code 031 – Policy and Administration – $22,284,231,000.

(iii) Capital Estimates – Agency code 16 – Ministry of Amerindian Affairs- Programme code 161 Amerindian Development – $1,142,500,000.

(iv) Capital Estimates – Agency code 31, Ministry of Public Works- Programme code 313 – Transport –- $6,785,000.000

(v) Capital Estimates – Agency code 47 – Ministry of Health – Programme code 474 -Regional and Clinical (services ) – $1,351,574,000.

These disapprovals represent a total sum of $36,756,134.000 for the period ending December, 31st, 2014.

2. A Declaration that the First Named Defendant or other Ministers designated by the President unlawfully spent or authorized the spending of monies on the aforesaid programmes as confirmed in Financial Paper No. 1 of 2014 Statement of Excess on the Current and Capital Estimates totaling $4,553,761,991 for the period ended 2014-06-16, in breach of Articles 217 and 219 (2) of the Constitution and the decisions of the National Assembly to disapprove these Programmes.

3. An Order that the purported spending by the First Named Defendant or other Ministers designated by the President on the aforesaid programmes in the Annual Estimates of Revenue and Expenditure of 2014 which were disapproved by the National Assembly was unconstitutional, ultra vires, null and void, unreasonable and in breach of the Doctrine of the Separation of Powers.

4. A Declaration that the First Named Defendant or other Ministers designated by the President cannot lawfully spend or authorize the spending of monies on programmes in the Annual Estimates of Revenue and Expenditure that have been disapproved or not authorized by the National Assembly.

5. A Conservatory Order to stay all spending and or any further spending by the First Named Defendant or other Ministers designated by the President on programmes disapproved or not authorized by the National Assembly until the hearing and determination of the substantive action herein.

6. A Declaration that the purported expenditure on the aforesaid programmes that were disapproved by the National Assembly, cannot amount to a Statement of Excess within the meaning of Article 218 (3) (a) and (b) of the Constitution.

7. An Order that the purported expenditure on the aforesaid programmes that were disapproved by the National Assembly under the classification of Statement of Excess is unconstitutional, ultra vires, null and void, unreasonable and in breach of the Doctrine of the Separation of Powers.

8. Such further or other orders as may deem just.
9. Cost
====================
Attorney-At-Law for the Plaintiff

Dated at Georgetown, Demerara
This day of December, 2014.

This Writ was issued by Mr. Rex Mc Kay S.C and whose address for service and place of business is at his Chambers, lot 1 Croal Street, Stabroek, Georgetown, Demerara.

The First Named Defendant is sued herein in his capacity as the Minister of Finance.

The Second Named Defendant is sued herein in his capacity as the Attorney General of Guyana.

The Third Named Defendant is sued herein as his capacity as Speaker of the National Assembly.

EX PARTE APPLICATION BY WAY OF AFFIDAVIT FOR INTERIM ORDERS:-

I, David Granger of lot 61 Hadfield Street, Georgetown, Demerara, Guyana, being duly sworn make oath and say as follows:-

1. That I am the Plaintiff, Leader of the Opposition in the Parliament of Guyana, Chairman of A Partnership for National Unity (APNU), Leader of the People’s National Congress Reform (PNCR) and your deponent herein.

2. That I swear that this Affidavit based on facts within my own knowledge, save where otherwise stated.

3. That I caused the instant action to be filed in the High Court at Demerara seeking the following orders:-

(a) A Declaration that the National Assembly of Guyana pursuant to Article 218 (2) of the Constitution lawfully disapproved in the Annual Estimates of Revenue and Expenditure of 2014, reflected in the Appropriation Bill no. 6 of 2014 and confirmed by the Appropriation Act No. 10 of 2014, the following programmes:-
(i) Current Estimates – Agency code 01, Office of the President, Programme code 011, – Administrative Services – $1,335,928,000.
Capital Estimates – Agency code 01, Office of the President- Programme code 011, Administrative Services- $3,846,901,000.
(ii) Capital Estimates- Agency code 03, Ministry of Finance- Programme code 031 – Policy and Administration – $22,284,231,000.
(iii) Capital Estimates – Agency code 16 – Ministry of Amerindian Affairs- Programme code 161 Amerindian Development – $1,142,500,000.
(iv) Capital Estimates – Agency code 31, Ministry of Public Works- Programme code 313 – Transport –- $6,785,000.000
(v) Capital Estimates – Agency code 47 – Ministry of Health – Programme code 474 -Regional and Clinical (services ) – $1,351,574,000.
These disapprovals represent a total sum of
$36,756,134.000 for the period ending December, 31st,
2014.

(b) A Declaration that the First Named Defendant or other Ministers designated by the President unlawfully spent or authorized the spending of monies on the aforesaid programmes as confirmed in Financial Paper No. 1 of 2014 Statement of Excess on the Current and Capital Estimates totaling $4,553,761,991 for the period ended 2014-06-16, in breach of Articles 217 and 219 (2) of the Constitution and the decisions of the National Assembly to disapprove these Programmes.

(c) An Order that the purported spending by the First Named Defendant or other Ministers designated by the President on the aforesaid programmes in the Annual Estimates of Revenue and Expenditure of 2014 which were disapproved by the National Assembly was unconstitutional, ultra vires, null and void, unreasonable and in breach of the Doctrine of the Separation of Powers
.
(d) A Declaration that the First Named Defendant or other Ministers designated by the President cannot lawfully spend or authorize the spending of monies on programmes in the Annual Estimates of Revenue and Expenditure that have been disapproved or not authorized by the National Assembly.

(e) A Conservatory Order to stay all spending and or any further spending by the First Named Defendant or other Ministers designated by the President on programmes disapproved or not authorized by the National Assembly until the hearing and determination of the substantive action herein.

(f) A Declaration that the purported expenditure on the aforesaid programmes that were disapproved by the National Assembly, cannot amount to a Statement of Excess within the meaning of Article 218 (3) (a) and (b) of the Constitution
.
(g) An Order that the purported expenditure on the aforesaid programmes that were disapproved by the National Assembly under the classification of Statement of Excess is unconstitutional, ultra vires, null and void, unreasonable and in breach of the Doctrine of the Separation of Powers

(h) Such further or other orders as to the court may deem just.
(i) Costs

4. That the Opposition political parties in the National Assembly are A Partnership for National Unity (APNU) -26 seats, and Alliance for Change (AFC) – 7 seats, a total of 33 seats for the combined Opposition giving them the majority in the Tenth Parliament.

5. That the Government in the National Assembly is the People’s Progressive Party/Civic (PPP/C) which has 32 seats, and is therefore the minority in the Tenth Parliament.

6. That the First Named Defendant is sued herein as the Minister of Finance whose responsibility includes the preparation and submission to the National Assembly of the Annual Estimates of the Revenue and Expenditure of Guyana pursuant to and in accordance with Article 218 of the Constitution; the Second Named Defendant is sued herein as the Attorney-General of Guyana and a Member of the Tenth Parliament, and the Third Named Defendant is sued herein as the Speaker of the National Assembly.

7. That on the 24th day of March 2014, the First Named Defendant laid in the National Assembly for its approval the Estimates of Revenue and Expenditure for 2014 ( hereinafter referred to as “the Estimates” ) pursuant to Article 218 of the Constitution.

8. That I am advised by my counsel Mr. Rex Mc Kay S.C and verily believe that the power to approve “the Estimates” pursuant to Article 218 of the Constitution, necessarily includes the power to disapprove.

9. That the consideration of “the Estimates” took place in the Committee of Supply of the National Assembly, from Wednesday the 9th April, 2014 to Wednesday the 16th April, 2014. That I attach hereto and mark same exhibit “A” a copy of the schedule for the consideration of “the Estimates” of 2014.

10. That it was during the aforesaid period that the National Assembly disapproved the following pragrammes in “the Estimates” as reflected in the Appropriation Bill No. 6 of 2014 :-

(i) Current Estimates – Agency code 01, Office of the President, Programme code 011, – Administrative Services – $1,335,928,000.

Capital Estimates – Agency code 01, Office of the President- Programme code 011, Administrative Services- $3,846,901,000.
(ii) Capital Estimates- Agency code 03, Ministry of Finance- Programme code 031 – Policy and Administration – $22,284,231,000.
(iii) Capital Estimates – Agency code 16 – Ministry of Amerindian Affairs- Programme code 161 Amerindian Development – $1,142,500,000.
(iv) Capital Estimates – Agency code 31, Ministry of Public Works- Programme code 313 – Transport –- $6,785,000,000
(v) Capital Estimates – Agency code 47 – Ministry of Health – Programme code 474 -Regional and Clinical Services – $1,351,574.000.

These disapprovals represent a total sum of $36,756,134,000 for the period ending December, 31st, 2014. That I attach hereto and mark same exhibits “B (a) – B (f)” a copy of each Minutes of Proceedings for the said period and “B1” a copy of the Appropriation Bill No. 6 of 2014, respectively

11. That on Wednesday the 16th April, 2014, the Appropriation Act No. 10 of 2014 was passed in the National Assembly, reflecting and confirming that the said programmes were disapproved by the National Assembly. The Appropriation Act No. 10 of 2014 was assented to on the 30th day of April, 2014 by Mr. Samuel Hinds, Prime Minister performing the functions of the President. That I attach hereto and mark same exhibit “C” a copy of the Appropriation Act No. 10 of 2014.

12. That notwithstanding the National Assembly’s disapproval of the aforesaid pragrammes, the First Named Defendant and or other Ministers designated by the President in breach of the National Assembly’s decision, the Appropriation Act No.10 of 2014, and Article 217 of the Constitution, spent or caused to be spent monies on the said programmes, as is reflected and confirmed in Financial Paper No.1 of 2014, Statement of Excess on the Current and Capital Estimates totaling $4,553,761,991 for the period ended 2014-06-16. That I attach hereto and mark same exhibit “D” a copy of the said Financial Paper No. 1 of 2014.

13. That I am further advised by my Counsel as aforesaid and verily believe that the First Named Defendant or other Ministers designated by the President cannot lawfully spend or authorize the spending of monies on programmes in “the Estimates” that have been disapproved or not authorized by the National Assembly.

14. That I am further advised by my Counsel as aforesaid and verily believe that the purported expenditure by the First Named Defendant or other Ministers designated by the President on the aforesaid disapproved programmes cannot amount to a Statement of Excess within the meaning of Article 218 (3) (a) and (b) of the Constitution as alleged by the First Named Defendant in Financial Paper No.1 of 2014.

15. That on the 10th of October, 2014, the President of Guyana Mr. Donald Ramotar prorogued the Parliament of Guyana for a period of six(6) months under the provisions of Article 69 (1) and 70 (1) of the Constitution of Guyana. That I attach hereto and mark same exhibit “E” a copy of the Proclamation of Prorogation

16. That this Act of Prorogation effectively prevents the National Assembly from scrutinizing government expenditure and introduces for the first time in Guyana a minority government one party rule to the exclusion of the Opposition Majority in the Parliament. In other words, dictatorship.

17. I fear that without parliamentary oversight of government spending, further breaches of the aforementioned Constitutional financial provisions and the decisions of the National Assembly will be occasioned by the First Named Defendant or other Ministers designated by the President
.
18. That I am further advised by my Counsel as aforesaid and verily believe that the deprivation of the Parliament of the function of scrutinizing and approving or disapproving government spending, offends the doctrine of the Separation of Powers.

19. That I am further advised by my Counsel and verily believe that the purported spending by the said First Named Defendant or other Ministers designated by the President on the aforesaid programmes in the Annual Estimates of Revenue and Expenditure of 2014 which were disapproved by the National Assembly was unconstitutional, ultra vires, null and void, unreasonable and in breach of the Doctrine of the Separation of Powers.

20. That I am further advised by my Counsel and verily believe that the purported expenditure on the aforesaid programmes that were disapproved by the National Assembly, under the classification of Statement of Excess is unconstitutional, ultra vires, null and void, unreasonable and in breach of the Doctrine of the Separation of Powers.

21. That the balance of convenience lies in favour of granting the Plaintiff the orders sought herein.

22. That the majority of the Guyanese people who are represented by me, would suffer harm, damage and injustice, as the Conservatory Order sought herein was not granted.

23. That I am advised by my Counsel as aforesaid and verily believe that the substantive action filed herein raises fundamental issues of governance in a democratic state, and has good prospects of success.

24. That in light of the premises I respectfully pray that this Honourable Court would be pleased to grant me the following Orders:-

(a) A Conservatory Order to stay all spending and or any further spending by the First Named Defendant or other Ministers designated by the President on programmes disapproved or not authorized by the National Assembly until the hearing and determination of the substantive action herein.
(b) Such further or other orders as to the court may deem just.
(c) Costs

25. That the Affidavit was drawn on my instructions by MR. REX MC KAY S.C, MR. BASIL WILLIAMS, MR. HEWLEY GRIFFITH, MR. LAWERENCE HARRIS, MR. MICHAEL SOMERSAUL, MR. JOSEPH HARMON, MR. JAMES BOND, MR. LLEWELYN JOHN and Ms. BETTINA GLASFORD Attorneys-at-Law, whose address for service and place of business is at lot 1 Croal Street, Stabroek, Demerara.

………………………………………………
DAVID GRANGER

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