High Court order on enforcement of Judicial Review Act may be contested in higher court – Min. Harmon

─ matter being examined by Attorney General

─ Cabinet to decide on suitable course of action

DPI, Guyana, Thursday, August 16, 2018

The government will decide on its course of action as it relates to the enforcement of the Judicial Review Act 2010.

This was today disclosed by Minister of State, Joseph Harmon during a post-Cabinet press conference. Minister Harmon said the matter is currently being addressed by Attorney General and Minister of Legal Affairs, Basil Williams, SC.

The matter will be discussed at the next meeting of the Cabinet, Minister Harmon said.

He reminded that there are various levels of the court process, therefore the government may decide to take the matter to a higher court.

 “There are various options that are there but Cabinet will need to be advised by the AG on the course of action to be taken,” the minister noted.

In December 2017, the PPP/C filed a High Court Action to compel the Attorney General to commence the Judicial Review Act 2010. In May 2018, the Court ordered by way of a mandamus that the AG must bring the Judicial Review Act 2010 into force.

The AG has argued that the decision of the Court raises important questions regarding governance and the separation of powers between the executive arm of the government and the judiciary.

He noted there has been no willful or malicious failure or refusal by the Attorney General to commence the Act as alleged in the case brought before the Court.

The Attorney General reasoned that consideration ought to be given to the Executive to set a reasonable date for the commencement of the Judicial Review Act given that eight years have passed since the passage of the Act.

This, AG Williams posited, would also allow the Cabinet the opportunity to engage in wide consultations with Guyanese before the Act is brought into law and ensure that improvements and amendments be made to cure existing lacuna’s [gaps] in the current Act and to bring it in line with established regional and international best practices.

The decision of the Court was deemed premature as it left no opportunity for consultation on the commencement of the Act, the AG stated.

Stacy Carmichael

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