A case described as “very unique and unprecedented” by Attorney General Anil Nandlall was dismissed on Monday by Chief Justice Roxane George. The case, initiated by PNC member Brian Collison with representation from his lawyer Dr. Vivian Williams, sought a court ruling on the legal status of political parties as entities capable of being sued, arguing that major political parties carry out functions traditionally assigned to the State, thereby affecting the constitutional rights of citizens in Guyana.
The respondents in this case included Dr. Bharrat Jagdeo, General Secretary of the PPP, Aubrey Norton, Leader of the Opposition, and the Attorney General himself. During his program “Issues in the News” on Tuesday, Nandlall remarked on the complexity of the case, joking, “Poor me, every day, three times per day they suing me.â€
The suit was filed in November 2024, with reports indicating that Collison contended that since the State has delegated the nomination process for election candidates to political parties, these parties are effectively performing State functions that should be subject to rigorous constitutional review. The core disagreement revolved around the State’s position that the Companies Act is the sole legislative framework applicable to political parties, which are traditionally seen as unincorporated associations. Collison countered that political parties should not be equated with commercial entities and should possess the ability to sue and be sued, hold property, enter into contracts, and enforce rights independently.
Nandlall argued against the case, stating that the court lacks the inherent authority to make such declarations and emphasized that it is the role of Parliament to legislate, not the courts to assume legislative functions. In the end, the Chief Justice awarded $1 million in costs to each of the defendants.
In addition, the Attorney General expressed concern over the frequent practice of lawyers publicizing details of cases in the media prior to serving the defendants, noting that he learned about this particular matter through the press. He urged legal professionals to improve their conduct when filing cases.
