2015-HC-DEM-CIV-M-IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURECIVIL JURISDICTIONIn the matter of an Application by SALEESHA GAFOOR for a Writ of Quo Warranto. ApplicantBEFORE THE HONOURABLE CHIEF JUSTICE MR. IAN CHANG (IN CHAMBERS)DATED THE 8th DAY OF JUNE, 2015ENTERED THE DAY OF JUNE, 2015UPON READING the Application by way of Notice of Motion on the part of SALEESHA GAFOOR, the above named Applicant, filed herein on the 8th day of June, 2015, for a Writ of Quo Warranto AND the Affidavit of the said Applicant, sworn to on the 8th day of June, 2015, and filed in support thereof AND UPON HEARING Attorney-at-Law for the Applicant IT IS ORDERED that and Order or Rule Nisi of Quo Warranto be and is hereby directed to Trevor Williams, holding the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport, to produce to this Honourable Court a warrant of appointment and authority by which he holds the said office, unless sufficient cause is shown why the said Order or Rule Nisi of Quo Warranto should not be made absolute ousting him from that office AND IT IS FURTHER ORDERED that the Applicant be at liberty to issue and serve on the Trevor Williams, holding the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport, a sealed and certified copy of the Notice of Motion, with Affidavit in Support of Notice of Motion, filed on the 8th day of June, 2015, together with a sealed and certified copy of this Order of Court AND IT IS FURTHER ORDERED this matter do stand adjourned to the 17th day of June, 2015, at 1:30 pm, before the Honourable Chief Justice, Mr. Ian Chang. BY THE COURT FOR REGISTRAR M E M O R A N D U MIf you the within named Trevor Williams, holding the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport, neglect to obey this Order you will be liable to process of execution for the purpose of compelling you to obey the same Order.2015-HC-DEM-CIV-M-IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURECIVIL JURISDICTIONIn the matter of an Application by SALEESHA GAFOOR for a Writ of Quo Warranto. Applicant NOTICE OF MOTIONTAKE NOTICE that this Honourable Court will be moved on the _____ day of June, 2015, in the forenoon or as soon thereafter as Counsel can be heard by MR. MOHABIR ANIL NANDLALL, Attorney-at-Law on behalf of the Applicant for the following Orders: (i) an Order or Rule Nisi of Quo Warranto be directed to Trevor Williams, holding the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport, to produce to this Honourable Court a warrant of appointment and authority by which he holds the said office and to show cause why the said Order or Rule Nisi Of Quo Warranto should not be made absolute ousting him from that office; (ii) a Writ of Quo Warranto be issued to Trevor Williams holding the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport, to produce to this Honourable Court a warrant of appointment and authority by which he holds the said office, ousting him from that office; (iii) costs; (vi) any further Order(s) or relief(s) as the Court may deem just. AND FURTHER TAKE NOTICE that the grounds of this application are as follows: (i) that Trevor Williams is holding the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and falls within the Ministry of Culture, Youth and Sport, without lawful authority and without being appointed to that office lawfully and in accordance with the Constitution of the Cooperative Republic of Guyana;(ii) that the office of Director of Youth must be filled by an appointment from the Public Service Commission in accordance with Article 201 of the Constitution of Guyana;(iii) that the said Trevor Williams has not been appointed to that office by the Public Service Commission or anyone delegated by the Public Service Commission with the authority to do so;(iv) that the said Trevor Williams is therefore a usurper and a trespasser in the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport.This Notice of Motion was issued by MR. MOHABIR ANIL NANDLALL, MR. EUCLIN GOMES & MR. MANOJ NARAYAN, Attorneys-at-Law for the Applicant, whose address for service and place of business is at their Chambers, Mohabir A. Nandlall & Associates, Bhagwati Chambers, 217 South Road, Lacytown, Georgetown, Demerara. MOHABIR ANIL NANDLALL Attorney-at-Law for the ApplicantDated at Georgetown, DemeraraThis day of June, 20152015-HC-DEM-CIV-M-IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURECIVIL JURISDICTIONIn the matter of an Application by SALEESHA GAFOOR for a Writ of Quo Warranto. ApplicantAFFIDAVIT IN SUPPORT OF NOTICE OF MOTIONI, SALEESHA GAFOOR, of 322 Hope East, East Coast Demerara, Guyana, being duly sworn make oath and say as follows:1. I am the Applicant herein and the facts and matters hereinafter deposed are within my personal knowledge save and except where otherwise stated.2. I am a citizen by birth of the Cooperative Republic of Guyana.3. I am twenty-six (26) years old and I am an Executive member of the Progressive Youth Organization (PYO), one of the largest and oldest political organizations in Guyana representing young people and youth welfare within the Cooperative Republic of Guyana.4. That I was a candidate on the Peoples Progressive Party List of Candidates on the list for the General and Regional Election held on the 11th of May, 2015.5. That as a national youth leader, my interest and mandate is to ensure that youth welfare and the interest of young people receive paramount consideration by the State.6. That my political work and activism coincide with the sentiments captured in, inter alia, Articles 28 and 38(A), (B), (C) and (D) of the Constitution of Guyana.7. That I make this application with due bona fides and in the interest of young people of Guyana and indeed in the publics interest.8. Article 1 of the Constitution of the Cooperative Republic of Guyana declares Guyana to be a democratic sovereign State. 9. Article 9 of the said Constitution vests sovereignty in the people who shall exercise it through their representatives and the democratic organs established by or under the Constitution. 10. I have a vested interest in ensuring that the Constitution of the Cooperative Republic of Guyana, the supreme law of this land by virtue of Article 8, is not violated.11. Indeed, I consider it my national duty to ensure that those representatives who, and the democratic organs which, exercise the sovereignty of Guyana on my behalf act in due compliance with the said Constitution and the law in the discharge of their public functions and constitutional duties. 12. I am aware that there is a Public Service of Guyana which discharges numerous statutory, public law, constitutional and administrative functions within the State and Government apparatus of Guyana.13. The Public Service Commission is an independent Constitutional Commission tasked with the responsibility and power to make appointments to public offices within the Public Service and to remove and to exercise disciplinary control over persons holding or acting in such offices. 14. That the Office of Director is a public office on the pensionable establishment of the Public Service of Guyana and falls within the Ministry of Culture, Youth and Sport.15. In the job description issued by the Public Service Commission, the main function of this office is to formulate and implement policies and programmes, designed to meet the development needs of young people in Guyana.16. I therefore as a youth leader, have a deep and abiding interest in the functions and qualifications of the holder of that office.17. In that said job description, the minimum qualifications, knowledge and experience listed therein are:A Masters Degree in Social Work from a recognized University PLUS a minimum of five (5) years in Social Work, at least two 92) of which must be involved in youth work.ORA bachelors Degree in Social Work from a recognized University PLUS a minimum of seven 97) years in Social Work, at least three (3) of which must be involved in youth workKnowledge of and experience in using social research methods would be valuable. I hereto attach and mark exhibit A a copy of the said job description, a public document. 18. That by a Staff Vacancy Circular Number 1 of 2015, dated 23rd of March, 2015, the Public Service Commission advertised a list of vacancies in the Public Service and invited applications to fill them. I hereto attach and mark exhibit B a copy of the said Staff Vacancy Circular Number 1 of 2015, a public document. 19. That at page six (6) of the said Circular under the Ministry of Youth and Sport, the position of Director of Youth was listed as vacant.20. That in pursuance thereof, the Public Service Commission commenced interviews of suitably qualified applicants to fill the said vacancy.21. That Trevor Williams neither applied, nor was interviewed by the Public Service Commission.22. Additionally, I verily believe that the said Trevor Williams is not qualified to hold the said office as per the job description issued by the Public Service Commission. 23. That I read in the newspapers enjoying national daily circulation within the State of Guyana that Trevor Williams was appointed to the position of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport. 24. That I inquired from the Public Service Commission and was duly informed and do verily believe that this appointment was not made by the Public Service Commission.25. That Article 201 of the Constitution of the Cooperative Republic of Guyana provides, inter alia, subject to the provision of this Constitution, the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission. 26. That from enquiries I made from the Public Service Commission, I was duly informed and do verily believe that the said Commission has not delegated the authority to make appointment to the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and falls within the Ministry of Culture, Youth and Sport, to any person or authority. 27. That Trevor Williams is occupying the said office and has commenced discharging functions of the said office. I attach hereto and mark exhibit C an article published at page eight (8) of the State owned Guyana Chronicle Newspaper of 8th June, 2015, under the captioned Youth Director Explains Youth representation not limited to National Assembly the said article quotes Trevor Williams a Director of Youth and displays a photograph of it.28. That Trevor Williamss appointment and functioning in that office is injurious to the welfare of young people and indeed injurious to the national interest.29. I am advised by Mr. Mohabir Anil Nandlall, Attorney-at-Law, and do verily believe that:(i) the appointment of Trevor Williams to the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport, is in violation of Article 201 of the Constitution of Guyana, whimsically, arbitrary, capricious, unlawful, null, void and of no legal effect;(ii) the said Trevor Williams is a usurper and a trespasser in the office of Director of Youth, a public office in the pensionable establishment of the Public Service of Guyana, and which falls within the Ministry of Culture, Youth and Sport.30. In the circumstances, I humbly pray that the reliefs set out in Notice of Motion herein be granted. 31. That this Affidavit was drawn by Mr. Mohabir Anil Nandlall, Attorney-at-Law, upon my instructions and on my behalf.32. I hereby authorize Mr. Mohabir Anil Nandlall, Mr. Euclin Gomes & Mr. Manoj Narayan, Attorneys-at-Law, to be my Attorneys-at-Law in this cause and to do all acts and things that may be necessary on my behalf and my address for service and place of business is at their Chambers, Mohabir A. Nandlall & Associates, Bhagwati Chambers, 217 South Road, Lacytown, Georgetown, Demerara. SALEESHA GAFOORSworn to at Georgetown, Demerara This day of June, 2015BEFORE MEA COMMISSIONER OF OATHS TO AFFIDAVITS 2015-HC-DEM-CIV-M-IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURECIVIL JURISDICTIONIn the matter of an Application by SALEESHA GAFOOR for a Writ of Quo Warranto. Applicant------------------------------------------------------Notice of Motion and Affidavit in Support of Notice of Motion------------------------------------------------------MR. MOHABIR ANIL NANDLALLMR. EUCLIN GOMES &MR. MANOJ NARAYANATTORNEYS-AT-LAW FOR THE APPLICANT