The main opposition party – the A Partnership for National Unity/ Alliance for Change (APNU/AFC) coalition has moved to the High Court asking for the Minister of Tourism, Industry, and Commerce Onidge Walrond’s appointment to be quashed based on dual-citizenship.
The court proceedings were filed by a battery of attorneys led by Senior Counsel Roysdale Forde on behalf of former Director of Sports and APNU/AFC member Christopher Jones.
The former Sports Director said that on September 1, 2020, he took the Oath of a member of the National Assembly along with 30 other members of the National Assembly extracted from the APNU/AFC list.
He pointed out that Walrond took the Oath of a member of the National Assembly on the same day he took his.
“Oneidge Walrond…was not named on the List of Candidates presented by the People’s Progressive Party/Civic in accordance with the Representation of the People Act Cap. 1.03 for the March 2nd General and Regional Elections,” the Fixed Date Application stated.
However, in October, Walrond issued a press statement explaining that President Irfaan Ali had considered her to serve in his cabinet.
She had said, “As an Attorney-at-Law and being mindful of my status as a US Citizen, I sought the counsel of other attorneys on whether the sections of the constitution prohibiting elected members from being dual citizens applied to me as a technocrat minister.”
Jones noted that following that revelation , he, through his Attorney-at-law, wrote to Clerk of the National Assembly, Sherlock Isaacs seeking copies of documents submitted by the Minister regarding her renunciation of citizenship of the United States of America.
The APNU/AFC member said that Isaacs responded on November 5, 2020, with a Statement of Understanding concerning the Consequence and Ramifications of Renunciation or Relinquishment of U.S. Nationality and Certificate of Loss of Nationality of the United States.
As a result, Jones contends that Walrond is not a valid and legal member of the National Assembly.
He added, to date that the Minister continues to be a member of the National Assembly and a member of the Minister of the Government of Guyana while breaching the Constitution of Guyana.
“As a member of the National Assembly, it is right and proper that the Applicant and demand that there be full and complete compliance with the Constinsistitution,” the court document said.
In the circumstances, the respondent is asking for an order directing the Speaker of the National Assembly to prevent Walrond from sitting in and or participating in the National Assembly’s business during the 12th Parliament of Guyana.
The respondent is also asking the court to grant any other order it deems just as well as award court costs.
There is a constitutional prohibition on dual citizens being eligible for election as members of the National Assembly, although Walrond’s status as a technocrat minister has seen legal arguments suggesting that the provision would not apply in her case.
It has also been suggested that if the provision does apply to her, she could resign and retake the Oath of office.
Before the 12th Parliament’s opening, Isaacs had urged MPs who had issues with dual citizenship to provide evidence of their eligibility to enter the new Parliament. This had been provided by several MPs, including Joseph Harmon, who formerly held US Citizenship.
Others who submitted included Minister of Governance and Parliamentary Affairs Gail Teixeira and Deputy Speaker Lenox Shuman. Walrond did not submit until the Speaker in October directly contacted her.
