Latest update April 25th, 2024 12:59 AM
Sep 29, 2018 News
Former President Donald Ramotar is expected to be called to the stand in the legal proceedings over the occupation of the State owned Red House.
Red House became a source of contention when President David Granger revoked the 99-year lease to the property issued under the PPP/C Administration.
The President’s decision to revoke the lease was premised on information obtained by the current government which essentially outlined that on March 30, 2012 the Red House lease agreement was initiated without the approval of either the President of the day or the National Trust of Guyana, in contravention of Section 10 of the Lands Department Act Chapter 59:01.
The lease was granted by the PPP/C Government to the Cheddi Jagan Research Centre Incorporated (CJRCI), a company formed by the members of the same administration. But the PPP quickly moved to the Court to prevent the eviction of CJRCI from Red House.
The case is currently before Chief Justice (Ag) Roxane George. During a brief hearing before the Court yesterday, Attorney General Basil Williams who is representing the State made a request for former President Donald Ramotar to be called to the witness stand.
Ramotar is said to have approved the 99 year lease of Red House to CJRCI, while he was President.
Attorney- at- law, Anil Nandlall made no objection to Ramotar being called as a witness. Nandlall noted that it would help his case if the former President can confirm what is in his affidavit, which is already before the Court. Ramotar is expected to appear in Court on November 1.
In his initial arguments, Nandlall had opposed the contention that the lease is invalid because the President “did not ‘sanction’ it, is an argument that is manifestly wrong.” He emphasized that the practice of delegating these responsibilities to subordinate functionaries is one that started since the tenure of President Arthur Chung, and has continued on to this day.
“So, while the President’s name may appear on the face of a lease in relation to State Lands, the President’s signature is not at the end of the lease. Instead, some authorized public officer signs for the President. I have seen leases, for State land issued by President Granger which does not bear his signature and I can make one public at any time.”
Williams on the other hand had maintained that the lease was incorrectly drafted and is in effect invalid and ineffectual in law.
He outlined Sections 13 (1) (2) and (3) of the Deeds Registry Act, Chapter 5:01 relating to the purported lease.
The Act stipulated that no lease of immovable property for a term of (21 or more years) shall be good and valuable in law or pleadable by the Court of Justice in Guyana unless it is passed and executed before the Court in like manner as a transport filed as of a record in the Registry.
“The respondent submits that the applicant failed to produce any evidence that the purported lease was ever executed in the manner prescribed by the sections outlined in the Deed Registry Act. The matter, as such, cannot be pleadable by the Court.”
Additionally, given that the property is one of National Trust, the AG also contended that under the National Trust Act, permission must be granted by the subject Minister before the lease could be properly executed.
He submitted that the Minister of Education, Dr. Rupert Roopnaraine, said that no approval was ever given by any Minister of Education or himself to lease the area known as Red House in the last 17 years.
“It is respectfully submitted that the said area known as Red House could not have been rented by the Guyana Land & Surveys Commission (GLSC). The purported lease is therefore a nullity and the CJRCI was at all material times a trespasser, thus rendering the Court without Jurisdiction to proceed to hear the matter.
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