Government will soon be looking to the courts to rectify what Attorney General, Anil Nandlall, has described as a “constitutional enigma” which he claims characterises the ruling of the Speaker of the National Assembly, Raphael Trotman.Trotman ruled to allow the opposition to cut the national budget. The Attorney General insisted yesterday that the Speaker’s ruling has collided with an express pronouncement from the court.Attorney General Anil NandlallAccording to Nandlall too,Cheap Soccer Jerseys Authentic, the Speaker in his ruling “essentially conferred upon himself a jurisdictional freedom to depart from a ruling of the court and that is a power that he simply does not have.“His ruling therefore has presented this nation with a constitutional enigma…how we will unravel this enigma we are not sure…but what I know is that the constitutional anomaly which the Speaker’s ruling has created has far and deep reaching implications way outside of the budgetary process.”His remarks which came when he spoke at a People’s Progressive Party (PPP) press conference at the party’s Freedom House Headquarters, follows several cuts of the national budget earlier this week as part of the consideration of the estimates.This development, according to Nandlall, is directly linked to the ruling of the Speaker which, he said, is “an anomalous state of affairs which has to be dealt with swiftly.”“…Recourse will have to be taken in the court to rectify what I consider to be, with the greatest of respect, a constitutional errata – a wrong,Nike Air Max 97 Silver Bullet, not only because of what is happening in Parliament but for the constitutional democracy of this country; for peace, order and good governance…”According to the Attorney General the problem that obtains is one whereby one arm of the State that has confined and defined responsibility is almost violently encroaching into the domain of another and therefore cannot be allowed to continue in a democracy.Corrective measure is an absolute necessity, as according to Nandlall, while last year Government was able to restore cuts such as those that were instituted against the National Communication Network and the Government Information Agency,Cheap NFL Jerseys Authentic, the difference this year is that “we actually have a ruling from the honourable Speaker of the National Assembly governing this matter and that is the distinguishing factor.”The ruling,Cheap Sports Jerseys, he said, has put the constitutional structure of the country in some form of disarray even as he pointed out that even lay people are cognisant that the constitution is supreme and the parliament, the executive,Cheap NFL Jerseys Stitched, everyone else and every other agency of state are subjected to that supremacy.Nandlall explained that in that constitutional formula the court is ascribed the responsibility exclusively to interpret the Constitution; a move he insisted must be regarded as the final pronouncement on any matter gaining its attention.Moreover, Nandlall noted that any such matter should no longer be open to any other agency in the land to, in an institutional way, offer another ruling or an interpretation that is different from that which emanated from the court.Had the court ruling not been binding, Nandlall noted that the executive could have itself placed an interpretation on the constitution that it finds favourable in the same vein that the Speaker interpreted it to say that the National Assembly has the power to cut the budget.“The executive can today or tomorrow decide that they determine that very provision to mean that the National Assembly does not have the power to cut. So you have these three vital organs of State each having an opinion of their own as to what the constitution says,” stressed Nandall.He noted, too, that it is for the avoidance of such eventualities that the constitution reposes only in the court that responsibility. As such he added that “the court system has in it a hierarchical mechanism that allows any person who may be aggrieved by any interpretation given by the court on any given matter to utilise that mechanism to challenge that ruling; that did not happen here.”

…Chief Justice orders govt to pay $14.6M?Chief Justice Ian Chang has issued an order directing the Minister of Finance,Cheap Jerseys From China, the Secretary to the Treasury and the Accountant General of Guyana to forthwith pay to former Attorney General, Doodnauth Singh, $14.6M. The money represents his gratuity.Doodnauth Singh S.C.The order was served on the defendants, Minister of Finance, Dr Ashni Singh; Secretary to the Treasury, Nirmal Rekha, and Accountant General ….The Chief Justice also quashed a decision by the defendants, contained in a letter, which required the former Attorney General to submit his Income Tax Liability Statement before the payment of his gratuity could be made.Doodnauth Singh SC,China Jerseys Wholesale, had moved to the court through his attorneys Edward Luckhoo, SC and Neil Boston, following the delay in the payment of his gratuity.According to an affidavit in support of the motion, Singh stated that he was appointed Attorney General of Guyana and Minister of Legal Affairs in June 2001, and served in those offices until last January.He noted that from the commencement of his appointments PAYE and pension were deducted from his salary on a monthly basis.But in June 2004, his salary was declared to be free of tax and the deductions ceased, but he continued to make pension payments until he demitted office early this year.After serving seven years one month, the former Attorney General’s Gratuity amounting to $14,NFL Jerseys Cheap,650,750 was payable with effect from February 1, 2009.Additionally, his pension of $3,516,180 per annum was due.This was confirmed by a letter from the Clerk of the National Assembly, Sherlock Isaacs, dated April 6,Cheap NFL Jerseys From China, 2009, in which he stated that the sum of Singh’s entitlements were verified by the Auditor General.The Clerk of the National Assembly had also indicated that he had discussed the matter with Secretary to the Treasury, Nirmal Rekha, and he advised the former Attorney General to contact the Accountant General with respect to the payment.A letter dated September 1, 2009 was sent by the former Attorney General’s lawyer to Rekha formally requesting the payment of Singh’s gratuity and pension.However, a reply signed by Grace McKend, on behalf of the Accountant General, indicated that an income tax liability statement or special approval exemption was a requirement before the payment.Singh’s lawyer then indicated that all of his client’s Income Tax Returns were submitted by his accountant, Lance Atherley.Nevertheless, the former Attorney General is of the view that to deny him the benefits until he submits the Income Tax Liability Statement is ultra vires, unlawful, unreasonable without lawful authority and null and void and of no legal effect.His attorney had also written to the Ministry of Finance requesting that the Ministry provide the regulation or law under which Singh is required to provide an Income Tax Liability Statement.Chief Justice Ian Chang concurred and ordered that Singh’s gratuity and pension should be paid out of the Consolidated Fund, pursuant to the Pensions (President, Parliamentary and Special Officers) Act, Chapter 27:03, and Article 217 of the Constitution of Guyana.Singh, who took ill and was hospitalised at Balwant Singh’s Hospital in June this year,Jerseys NFL Cheap, was advised to seek medical attention in the United States.In a letter to the Secretary to the Treasury he pointed out that Cabinet had taken a decision to give each Minister the sum of US$1500 for medical insurance, a decision which was never implemented.According to the former Attorney General since June 14, he has been in the United States of America seeking medical attention and he has no medical insurance.He therefore had requested that the gratuity and pension due to him be paid into his local account to assist in the payment of his medical expenses.The defendants have until October 1 to show cause why the said orders should not be made absolute.