Executive versus Parliament: Judgment set for November 26 |23 October 2019

The judgment on whether the National Assembly acted beyond its legal power and infringed on the Constitutional right of President Danny Faure when it annulled S.I. 18 of 2019 will be delivered on November 26 at 9.30am.

The date was announced yesterday after Constitutional Court judges Ronny Govinden, Gustave Dodin and Laura Pillay heard arguments from both parties.

The legal representatives of President Faure and Speaker Nicholas Prea had also lodged their written submissions to the court in regards to this case.

Alexandra Madeleine, the lawyer representing President Faure in his capacity as the Minister for public administration, yesterday argued that the National Assembly violated her client’s rights afforded to him under Article 89 of the Constitution.

Article 89 makes provisions for President Faure to make subsidiary legislations.

Meanwhile, representing Speaker Prea, lawyer Joel Camille’s defense rested on the argument that annulling the SI did not violate this right.

He stressed that the annulment did not usurp the power of the President because it was done in compliance with section 64 of the Interpretation and General Provisions Act (IGPA).

Mr Camille explained that the National Assembly holds the legislative power to decide whether to keep an S.I in force or annul it within three months.

S.I 18 of 2019 was brought to the National Assembly in May this year after the opposition members in the National Assembly and the executive branch disagreed on how to distribute the salary increment in the Public Service Amendment Bill.

The executive nonetheless tried to push through its proposed 5% increase for all employees through the S.I which was subsequently annulled by the opposition members.