The former Attorney general in the Panday UNC administration represents Executive Flexible Premium Annuity (EFPA) policyholders.
He said on Monday that Government hw will challenge a new law which he said is aimed at preventing depositors from accessing the courts to recover the monies due from the Government on their policies.
He is basing his legal argument on the grounds that the Government acted unlawfully and contrary to the principles of public law in refusing to honour the undertaking given by the previous Government for the policyholders to get their money.
He is also arguing that the government's moves are unconstitutional.
“The Parliament does not have the power to take away the jurisdiction of the court in judicial review matters," Maharaj said.
He is basing his legal argument on the grounds that the Government acted unlawfully and contrary to the principles of public law in refusing to honour the undertaking given by the previous Government for the policyholders to get their money.
He is also arguing that the government's moves are unconstitutional.
“The Parliament does not have the power to take away the jurisdiction of the court in judicial review matters," Maharaj said.
“Government would have to face the scrutiny of the courts in respect of its unlawful action. Government had a duty to ensure that the statutory fund of Clico and CL Financial were in place," he added.
He noted that government has an obligation to enforce the laws to guarantee that the investments of policyholders are protected.
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