By: Tiana Cole | HGP Nightly News |
Attorney General and Minister of Legal Affairs, Anil Nandlall, has dismissed a proposal by Opposition Member of Parliament Dr. Terrence Campbell to amend the Natural Resource Fund (NRF) Act, stating that the National Assembly cannot entertain changes to a law that is currently being challenged in the courts.
The APNU MP has proposed the repeal and substitution of Section 16 of the NRF Act—an adjustment Nandlall says is not eligible for parliamentary consideration at this time.
Matter Is Sub Judice — AG Nandlall
Explaining the decision, the Attorney General emphasized that the matter remains before the judiciary, and therefore Parliament is restricted from acting on it.
“The National Assembly cannot proceed to debate or deal with a matter if that matter is sub judice… meaning that it is pending in the court system of our country. That rule is one grounded in the separation of powers doctrine.”
— AG Anil Nandlall
Nandlall accused Campbell of attempting to legislate changes to the very issue he is simultaneously challenging in court.
Separation of Powers Must Be Respected
The Attorney General reminded that while the executive and Parliament may overlap in some areas, the judiciary remains independent and must not be undermined.
“In some cases, the executive and Parliament intersect in their functional responsibilities, but the judiciary is always independent of and separate from these two other branches.”
— AG Nandlall
Proposed Amendment Mirrors Active Court Challenge
The current NRF Act requires that all withdrawals from the Natural Resource Fund be routed through the Consolidated Fund, where they can be allocated for national development and disaster relief.
Campbell’s proposal aims to refine the wording to enable revenues to be allocated more directly to infrastructure, development initiatives, and projects aligned with a green economy.
Nandlall dismissed the significance of the proposed changes.
“You can’t win 12 seats at an election and want to make objections to government legislation that hardly makes material differences… You may not like the language, but you need to win the election and form the government.”
— AG Anil Nandlall
Legal Proceedings Ongoing
In February 2024, Campbell filed proceedings against the Attorney General, arguing that Section 16 of the NRF Act violates Guyana’s Constitution. Nandlall highlighted that Campbell’s proposed legislative amendments mirror the very relief he is seeking in court, further reinforcing that Parliament cannot intervene until the judiciary has ruled.
