| This morning attorney-at-law Selwyn Pieters appeared before Madame Justice Damone Younge, representing the eight applicants who were suspended from the National Assembly, namely: – Christopher Jones (Opposition Chief Whip), Annette Ferguson, Ganesh Mahipaul, Vinceroy Jordan, Tabitha Sarabo-Halley, Maureen Philadelphia, Natasha Singh-Lewis, and Sherod Duncan, all of whom are parliamentarians of A Partnership For National Unity and Alliance For Change (APNU+AFC).
According to a post by Pieters, some arguments were made by him, appearing for the Applicants; the Respondents, Attorney General and Minister of Legal Affairs Anil Nandlall S.C, and Attorney-at-law Sase Gunraj who appeared for Speaker of the National Assembly, Manzoor Nadir and Clerk of the National Assembly, Sherlock Isaacs.
The Judge, unfortunately, did not receive a Notice of Application filed by the Attorney General for amongst other things an extension of time to file his response and she also did not receive the Applicants’ cases or Further Amended Application, said the attorney.
Pieters advised he argued that since the Court was adjourning the matter to August 10, 2022, that an interim order the eight applicants seeks today is to prevent the Speaker of the National Assembly from implementing or enforcing the decision of the National Assembly of July 21, 2022 imposing the sanction of suspension of membership without pay, benefits or privileges, until the hearing and determination of the Urgent and with Notice Application.
“In other words, letting the status quo of them appearing in the National Assembly as they did on July 21, 2022 continue. I cited Economic Freedom Fighters and Others v Speaker of the National Assembly and Others (21471/2014) [2014] ZAWCHC 204 (23 December 2014) at page 35 lines 4 – 17. The Attorney General opposed my application for the interim order.”
After hearing from the Parties, Judge Younge rendered a ruling orally, thus: –
“I have heard all of the submissions from counsel for the Applicants and the Respondents. At this point in time, and at this stage of the proceedings, I am not minded to grant any interim orders without having considered the Notices of Application that has been filed and, as indicated, not on the Court’s file.”
The Applicants’ lawyer advised, Monday August 8, 2022, was granted by the Court for the Applicants to file an Affidavit in answer to the Attorney General and Speaker’s respective Notice of Application. Arguments will be heard on those applications in respect to an extension of time to file a response and affidavits on August 10, 2022.
The matter will resume on August 10, 2022, at 9:00 a.m.
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