GUYANA | Appeal Premature, Full Court refuses to hear suspended parliamentarians’ case

GEORGETOWN, Guyana, October 14, 2022 - Guyana’s Opposition Coalition received a telling body blow on Friday after the Full Court declined to consider an appeal of the High Court’s refusal to grant interim orders for eight suspended opposition parliamentarians  to resume parliamentary duties until the case is heard.

Lawmakers Christopher Jones, Annette Ferguson, Ganesh Mahipaul,  Vinceroy Jordan, Tabitha Sarabo-Halley, Maureen Philadelphia, Natasha Singh-Lewis and Sherod Duncan, were hoping that the Full Court would have allowed them to return to the House in time for the end of the two-month long recess in October. 

They have said in court papers that they fear that the government could pilot key amendments to Guyana’s electoral laws in their absence.

The Opposition parliamentarians  were suspended by the House’s disciplinary committee in July after they were  deemed guilty of disrupting the House of Assembly in their attempt to block debate and passage of the Natural Resource Fund legislation on December 29, 2021. 

Justices Joann Barlow and Sandil Kissoon ruled, that while they have not purported to assume jurisdiction or accept that the Full Court has jurisdiction, it was too early for the Full Court to consider High Court Judge Damone Younge’s refusal to grant reliefs while that Court seeks to determine whether it has jurisdiction to hear the matter of the suspension.

“Having reviewed the records before us and the submissions made, we are of the firm view that the appeal filed to the Full Court is premature as the identical issues arise for consideration by the Honourable Madame Justice Damone Younge on the 1st of November, 2022,” Justice Barlow said.

The Full Court has urged the High Court to hear the case swiftly because of its national importance. 

“Having reviewed the record of proceedings and in view of the grave public interest considerations that arise, the matters pending before Justice Damone Younge from which this application arose ought to be determined and disposed of with the alacrity that those grave issues that are before her for determination require,” she said.

Among the issues to be determined on November 1 are the Court’s jurisdiction and the grant of the conservatory orders that were sought in the Full Court.

Given the postponement of the hearing and no decision by the High Court, Justice Barlow said there was nothing to appeal.

Based on the report of the Privileges Committee which was adopted by the Assembly, MPs Jones, Duncan, Singh-Lewis and Mahipaul were suspended from four consecutive sittings for conducting themselves in a gross disorderly, contumacious, and disrespectful manner, and repeatedly ignoring the authority of the Assembly and that of the Speaker, and thereby committing contempt and breaches of privileges.

Parliamentarians Ferguson and Jordan were suspended for six consecutive sittings for for committing serious violations which were severe and egregious by unauthorizedly removing the Parliamentary Mace from its rightful position in a disorderly fashion, causing damage to the Mace, injuring and assaulting a staff of the Parliament Office, while attempting to remove the Mace from the Chamber.

In addition, parliamentarian Tabitha Sarabo-Halley  was suspended for six consecutive sittings for unauthorizedly entering the communication control room of the Arthur Chung Conference Centre and allegedly destroying several pieces of audio-visual equipment.

The suspended MPs are not being paid, cannot participate in the work of committees and are barred from using any of the parliamentary facilities.

The government enjoys a one-seat majority in the House and could pass new and amended laws without opposition support.