Gov’t wants court to lift gag on home affairs minister

– says Speaker’s decision unlawful

Attorney General (AG) and Legal Affairs Minister Anil Nandlall on Tuesday moved to the High Court seeking to have Speaker of the National Assembly, Raphael Trotman’s ruling prohibiting Home Affairs Minister Clement Rohee from speaking in the Parliament and referring him to the Committee of Privileges, declared “unlawful, unconstitutional, and without jurisdiction”.
According to court documents, the Speaker, who is the second named respondent of the motion, has no power whatsoever under the standing orders, the laws of Guyana, or the Constitution to impose a prohibition on a member of the National Assembly from speaking or performing the functions which devolve upon that member, either as a member or as a minister thereof.
In light of this, the Speaker’s ruling is without any legal or factual base and therefore the privileges committee has no jurisdiction to deal with or determine any issue remitted to it, Nandlall contended in his motion.
The AG is also moving to have an order setting aside, vacating, quashing or rescinding the decision and or ruling of the Speaker as well as any decision arising from the privileges committee since the referral is without any legal base.
The joint opposition (the A Partnership for National Unity (APNU) and the Alliance For Change (AFC)) has initially filed a no-confidence motion against Minister Rohee, which they used their one-seat majority to pass. They subsequently brought to the House another motion to prevent the minister from speaking.
Their intention, which was disclosed at a public meeting on August 24 at Stabroek Market Square, is to suspend the minister for a period of six months, if their no-confidence motion was not adhered to.
The AG’s motion to the court is also seeking to have an order directing the Speaker to permit Minister Rohee to not only perform his functions as an elected member of the National Assembly, but also as an appointed minister of the Government of Guyana, pursuant to the Constitution and the laws of Guyana.
“Temporarily” debarred
Trotman on November 22 ruled that the motion brought by Opposition Leader David Granger to Parliament aimed at debarring Home Affairs Minister Clement Rohee from speaking was admissible and properly laid before the House. He also ruled that the minister would be “temporarily” debarred from bringing any legislation and bills to Parliament as “they would not be entertained” until a permanent decision is taken on the controversial matters arising from the motion.

Trotman also opined that the committee is expected to meet before the end of December to start work and bring closure to the matters before it. He disagreed with government’s arguments that the motion should not be heard as it was sub judice. “Having a motion or writ filed cannot and should not stop the National Assembly from discussing a matter… but if it goes on to try to make a ruling that the court is also asked to make, then that is wrong.”
Trotman also made a decision to send Granger’s motion to the Committee of Privileges of the National Assembly “for determination” at that level. This means the committee would be tasked with the responsibility of holding hearings and adjudicating on the requisite issues before it in relation to the motion.  “Pending that report … I rule that we will not proceed with the second reading of the Firearm Amendment Bill,” Trotman announced. The bill was first tabled by Rohee.
Trotman said that while Rohee does have the right to free speech, Parliament has the right to regulate its members based on preconceived statutes and procedures. The  Speaker said: “This House has its own rights and regulations and procedures as well and so the question is whether the House has any authority to regulate the conduct of its own members, and … I am satisfied that the House does have this authority.” He, however, declared soon after that “the motion is properly before the House in the name of the brigadier, but I do have misgivings about the due process aspect”.