Pringle Weighs Writ of Mandamus to Compel Government Transparency
Opposition Leader Jamale Pringle says his party is considering filing a writ of mandamus to force the government to comply with financial disclosure laws, accusing Prime Minister Gaston Browne of withholding key reports from Parliament.
Speaking at a United Progressive Party town hall, Pringle pointed to the 2006 Finance Administration Act, which requires that all public funds and government investments be reported in the public accounts. He said the law obligates the Minister of Finance to submit detailed investment reports and related agreements to Parliament, yet these have not been provided.
“We have not seen the agreement before the House of Parliament,” Pringle said, citing the government’s Jolly Beach investment as an example. “We have not seen the financials of Jolly Beach. We have not even seen the financials of Social Security.”
Pringle argued that the government’s refusal to share these documents undermines accountability. He added that the Prime Minister has blocked access to audit opinions he did not like, a move Pringle described as unlawful.
According to Pringle, the writ of mandamus—a court order requiring a public official to perform a legal duty—is one of several legal options the UPP is exploring to ensure compliance. “We have taken the decision within the United Progressive Party that we are exploring all options because we want to see the reports,” he told the audience.
When pressed on whether the courts could enforce such an order given past instances where the government ignored rulings, Pringle said public pressure remained vital. “Regardless of the outcome within the courts, the people of this country don’t need a decision from the court to act,” he said.
The opposition leader framed the move as part of a broader push to strengthen accountability and restore confidence in public financial management.
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A writ of mandamus is a court order from a superior court to a lower court, government official, or government entity, commanding them to perform a legal duty that they are legally required to perform or to correct an abuse of discretion. It is an extraordinary remedy used in exceptional circumstances when there are no other adequate legal remedies available, typically to prevent a grave injustice or to compel the performance of a nondiscretionary duty.
Key Aspects of a Writ of Mandamus
Purpose: To compel performance of a legally required act or to correct an abuse of discretion.
Target: Directed at a lower court, a government official, or a government entity.
Extraordinary Remedy: It is considered a last resort and should only be used in exceptional circumstances.
No Alternative Remedy: A petitioner must demonstrate that no other legal means are available to achieve the desired outcome.
Circumstances for Issuance
Non-Discretionary Duties: Mandamus is often used to compel the performance of a specific, legally required duty that is not discretionary.
Abuse of Discretion: It can also be used to correct an abuse of discretion by a government official.
Exceptional Circumstances: To issue a writ, there must be a peculiar emergency or significant public importance.
Distinction from Other Writs
Writ of Certiorari: Whereas mandamus commands a future action, certiorari quashes a previous decision that has already been made.
Writ of Prohibition: Prohibition has a negative aspect, stopping an action from continuing, whereas mandamus compels an action.
How it Works
Petition: A person who believes a lower court or official has failed to perform a legal duty files a petition for a writ of mandamus.
Court Review: The superior court reviews the petition to determine if all the criteria for issuing a writ are met.
Issuance of the Writ: If the court finds that the official has unlawfully neglected a legal duty and no other remedy exists, it will issue the writ.
Examples
Compelling a judge to correct a mistake in their decision when an appeal is blocked by other rules.
Ensuring a government agency performs an act mandated by law that it has unlawfully neglected to perform.
You think Pringle really understand what a Writ of Mandamus really is all about? I doubt it. Otherwise he would have never used these words. I have posted the meaning for him and hope someone educate him when you can ask the Higher Court for that. “It is considered a last resort and should only be used in exceptional circumstances.”
Pringle you hear about things but really don’t know what they really mean. Go and educate yourself if you really want to make a chance to run this country.