Latest update March 28th, 2024 12:59 AM
Apr 11, 2016 News
People’s Progressive Party/Civic (PPP/C) Member of Parliament and Attorney -at- Law Anil Nandlall is expressing concerns over reports that the APNU-AFC administration is moving ahead with the selection of persons to head a number of Neighbourhood Democratic Councils despite a court order restraining them from doing so.
Following the recently held Local Government Elections, PPP/C’s Commissioners revealed that voters from six Local Authority Areas (LAA) are likely to return to the polls following equality (ties) of votes for the election of Chairman.
Representatives of the PPP/C have contended that the law is clear on this issue: in the event of a tie for the two or more candidates, another election is held in that particular Local Authority Area.
If a tie should again occur, the Minister with the responsibility of that department will name a Chairman of his choice.
But there have been reports that Mayors, Deputy Mayors, Chairpersons and Vice Chairpersons are being appointed in the six tied LAAs by the Minister of Communities, Ronald Bulkan.
The PPP/C, in a statement, said that it is outraged by the “illegal, unaccountable, non-transparent actions of the Minister.
Last week, the PPP/C through their lawyer, Anil Nandlall, secured a High Court ruling which quashed the Minister of Communities ‘selection of Mayor and Deputy Mayor for Mabaruma and appointments of Chairmen and Vice Chairmen for the Woodlands-Bel Air, Malgre Tout-Meer Zorgen, Gibraltar-Fyrish, Industry-Plaisance and Woodlands-Farm Neighbourhood Democractic Councils.
Additionally, the Court also sent out an Order or Rule Nisi of Prohibition, restraining persons from acting as or performing the functions of Chair Persons or Deputy Chair Persons in respect of the said NDCS.
The legal effect of these Orders of Court is that the selection of these officials has been put on hold and these persons are restrained from acting in those capacities.
However, Nandlall noted that recently, his attention was drawn to notices sent to the Overseers of three of the NDCs who are the subject of the recently filed court proceedings.
The notices, he said, purport to invite Councillors to attend meetings of the NDCS at Malgre Tout / Meer zorgen, Industry / Plaisance, and Gibraltar / Fyrish.
Nandlall describes the scenario as a travesty of the law.
“An Order or Rule Nisi of Certiorari has been issued quashing the decision of the Minister of Communities, Ronald Bulkan to select Chair Persons and Vice Chair Persons of these NDCS. These persons have also been restrained by an Order or Rule Nisi of Prohibition, from acting as or performing the functions of Chair Persons or Deputy Chair Persons in respect of the said NDCs, “Nandlall said in a statement.
“If these officers attempt to function as office holders, they would be violating the letter and spirit of the Orders of Court. I hope they are receiving legal advice on these issues.”
The lawyer said too that the explanation proffered by the Attorney General, Basil Williams and the Minister of Communities, to justify the course of action which has been taken is “simply absurd.”
“Their interpretation of the relevant sections of the Municipal and District Council Act Chapter 28:01 is simply absurd. Section 13 (6) of the Act is expressed in clear language which is incapable of an ambiguous or equivocal interpretation.”
According to Nandlall, the law provides that, “If there is no election on account of an equality of votes the Town Clerk shall appoint a date not later than the 28th December in the same year for the election of Mayor from among such candidates by the voters whose name appear on the Register of Voters for the time being in force for the city.”
He asserted that section 39 of the said Act applies section 13 and related sections if the necessary changes are not made to NDCs.
Inexplicably, Nandlall said that the Attorney General and the Minister of Communities are both interpreting the election referred to in 13 (6) as an election done among the elected Councillors when the clear language of the section says it is an ‘election’ by the voters whose names appear on the Register of Voters for the time being in force for the city “
“Such an interpretation is manifestly and patently incomprehensible. Moreover, they have failed abysmally to respond to the fact that in 1994, the identical position obtained at Gibraltar /Fyrish, NDC and fresh elections were held where registered voters in that Local Authority area voted to break the tie and elected a Chairman.”
“Kenneth Joseph, the General Secretary of NAACIE was elected Chairman at that election. That aspect of the law did not change. Mr Joseph is still around and can speak on this issue,” Nandlall said.
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
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