MP Sharma wins in Privy CouncilBy Onika James Tuesday, October 13 2009
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ATTORNEY: Sharma's attorney Anand Ramlogan....
THE Privy Council yesterday ruled that former Public Administration and Information Minister Dr Lenny Saith “acted in breach of Section 40(1) of the Freedom of Information Act, in that the Reports for 2001-2007 were not laid before Parliament within a reasonable time.”
In addition, Privy Council Lords Rodger, Walker and Mance ordered that “the Minister should lay the outstanding Report for 2008 before Parliament as soon as possible, no later than 31 December 2009.
In the event of failing to produce the Report by the due date, any proceedings for enforcement of the Board’s order should be pursued before the High Court.”
The ruling also cleared the way for Opposition MP Chandresh Sharma to pursue Judicial Review after the Court of Appeal dismissed his application on June 11, 2008.
Sharma had filed the application regarding reports on The Freedom of Information Act (FOIA). Sharma’s application related to the obligation of then Minister of Public Administration and Information Dr Lenny Saith, under Section 40 (1) of the FOIA, to prepare a yearly report on the operation of the Act, and have a copy of the report laid in Parliament.
The Fyzabad MP called for the report because according to him, he had received numerous complaints from his constituents, that a large number of public authorities had not complied with the requirements of Part 2 of the Act, and that his research had substantiated this. Sharma subsequently then appealed to the Court of Appeal. On May 18 last, the Court of Appeal granted Sharma leave to go to the Privy Council. Yesterday, Sharma’s attorney Anand Ramlogan stood before the Privy Council.
After consideration of the papers submitted by the parties, and agreed by both sides, the Privy Council Committee ordered that the appeal be allowed.
Following the judgment Ramlogan said, “This is a resounding victory because it is a case I lost in both the High Court and Court of Appeal. The State objected to the grant of leave to allow this case to go to the Privy Council and the Court of Appeal ‘reluctantly’ granted leave to go to the Privy Council and described it as ‘a marginal case’ for permission to appeal. The Government has frustrated and undermined the Freedom of Information Act (FOIA) by refusing to table annual reports in Parliament to let the population know the extent of non-compliance by public bodies.
“The FOIA is a powerful weapon in the hands of citizens which can be used to ensure transparency and fairness in the decision making process.” The appearances were Sir Fenton Ramsahoye QC and Anand Ramlogan instructed by Asal Vakilzadeh of Bankside Commercial for Chandresh Sharma. James Guthrie QC and Lyndsey Murray instructed by John Almedia of Charles Russel & Co represented the State.
