– Assembly clerk to seek legal advice
The fate of Minister of Tourism, Industry and Commerce, Oneidge Walrond as a Parliamentarian will depend largely on the legal advice given to the Clerk of the Assembly, Sherlock Isaacs.
Walrond, who was sworn in as a Minister of Government and Member of Parliament, is being accused of breaching the Constitution, which bars dual citizens from being parliamentarians.
The Attorney-at-Law and former magistrate took the Oath of Office to serve as a Minister of Government on August 5, knowing fully well that at the time, she was a citizen of the United States of America (USA). On September 1, Walrond was sworn in as Member of Parliament, and though indicating that she has since relinquished her foreign status, it is unclear when she actually received her Certificate of Loss of Nationality of the United States.
In a telephone interview with Village Voice Guyana on Thursday, the Clerk of the National Assembly confirmed that Walrond recently submitted a Certificate of Loss of Nationality, however, he said there is need for legal advice on the matter.
“I have a set of documents before me, [however], it isn’t clear to me, so I am seeking legal advice…I have not been legally trained, so I prefer to have legal advice on the matter before I make a statement ,” he told this publication.
Questioned whether Walrond’s Certificate of Loss of Nationality was issued by the US before September 1, 2020, Isaacs would only say that “it isn’t clear.”
According to him, he would request legal advice on the issue latest Monday. “Over the weekend, I will think about it and for sure, I will send it off on Monday for legal advice one way or the other,” Isaacs said.
The Clerk of the National Assembly also used the opportunity to refute claims that he is being pressured by the Government to change the date on the Tourism Minister’s Certificate of Loss Nationality.
“That’s a lie, nobody from the Office of the President called me on the matter, none whatsoever,” Isaacs said.
The main opposition party in the National Assembly, the A Partnership for National Unity + Alliance For Change (APNU+AFC), has signal its intention to initiate legal proceedings against Walrond should she fail to step down as a Minister of Government and Member of Parliament having allegedly breached the Constitution.
Article 155 of the Constitution bars dual citizens from being Members of Parliament.
During a recent press conference, APNU+AFC Member of Parliament, Roysdale Forde SC, said the coalition expects that Walrond would resign her post with immediate effect.
“It is clear that she is in breach of the Constitution; it is clear that she is not eligible to sit in the National Assembly, and that is the natural consequence and the proper thing to do,” the Senior Counsel said in response to a question posed.
However, he warned that legal proceedings will be initiated should she not resign.
In her defense, Walrond, in a statement, pointed out that she is a Technocratic Minister sitting in the House, and her subsequent decision to relinquish her foreign status was only out of caution and was not mandatory.
But the APNU+AFC Member of Parliament said the 2019 decision of the country’s Chief Justice (ag), Roxane George-Wiltshire clearly states that Constitution prohibits dual citizens from being Members of Parliament.
“There is no distinction, with regard to eligibility, between elected Members of Parliament and technocrat Members of Parliament,” Forde said while adding that “a person’s dual citizenship comes to an end at the time of the dated renunciation certificate, not at the time when one decides to embark on the process.”
Noting that at the time when Walrond was sworn in as a Minister she was not eligible to be a Minister as all Ministers must be eligible to be Members of Parliament, the Senior Counsel pointed to Article 103 (3) of the Constitution. That Article, he posited, specifically deals with the eligibility requirement for non-elected members of the National Assembly or Technocrats.
“It says, not more than four ministers and two parliamentary secretaries shall be appointed by the President from among persons who are qualified to be elected as Members of the National Assembly,” he pointed out.
President Irfaan Ali, in defense of his Minister, said he is confident that Walrond acted in accordance with the Constitution.
