[74]
Learned Counsel for the Claimants went on to submit that a cause of action and
constitutional infringement has been pleaded and disclosed by the Claimants in regards to
the alleged breaches of this section of the Constitution by the Speaker of the House of
Assembly:
(i)
that the Speaker was in breach when she failed to make a
fair and unbiased determination as to whether the Claimants
were properly summoned to the sitting of the House of
Assembly;
(ii)
that she was also required to make a fair and unbiased
determination which she failed to do as to whether the
period and circumstances envisaged by Section 35 of the
Constitution had truly existed before she made her
declaration;
(iii)
that when the Speaker claimed to be the authority and
person to act in such a manner that would adversely affect
the Claimant’s rights under section 35(1) and benefits and
legitimate expectations derived there from that she was
bound and compelled under section 8(8) of the Constitution
or the rules of natural justice to give the Claimants a fair
hearing or at least a fair opportunity to be heard25.
[75]
Learned Counsel, Mr. Richards, contended that the Claimant correctly and clearly pleaded
the failure, further that these allegations are relevant in that they tend to show a pattern of
conduct by the Prime Minister with the Speaker of the House of Assembly which shaped
the circumstances envisaged by Section 35 of the Constitution by the which the absence
of the Claimants from Parliament was or could be explained or justified.
[76]
The Claimants also contend that pleadings show that the Speaker failed to show the
independence that is required by section 8(8) of the Constitution, in that, she failed to give
25
See paragraphs 8‐14 of the claimant’s augmented written submissions.
22