Every citizen has a right to challenge injustices – Norton

Apr 07, 2022 News

---

…lauds court cases against ExxonMobil, Govt.

Kaieteur News – Leader of the People’s National Congress Reform (PNCR) Aubrey Norton said he supports any Guyanese who chooses to challenge injustices when they occur. The PNCR leader believes that it is in fact the right of every citizen to act if they believe that the laws of the land and rights of the people are being trampled upon. These comments came when Norton weighed in on ongoing court cases brought on by private citizens against oil operators here.

There are currently four oil sector related cases before the court, one of which was recently filed by Norton’s APNU plus the Alliance for Change (APNU+AFC) opposition Coalition. In an interview with this publication Saturday last, Norton explained that, as a citizen of Guyana, and with an interest in the development of the country, every citizen has the right to bring on any legal challenge that seeks to address irregularities. He said in reference to the cases, that citizens move to the courts is essentially them standing up for themselves when their elected leaders fail to do so. The opposition head opined that where oil and gas is concerned, every citizen should have a vested interest to ensure that all Guyanese benefit from their national patrimony.
He explained that based on statements made in the Petroleum Agreement, the language indicates that whatever is done to develop the country’s oil and gas capabilities, Guyana and its people must benefit to its full potential. He said that it is therefore clear, “that whatever is done is done in a way that the Guyanese people benefit. And therefore in that regard, I think anyone has the right to challenge something that they think (is unjust).”
Norton said that, “As I understand it in this country, once a private citizen believes that the law is violated, they can bring certain action. It is therefore their right to use all avenues legally available to have their concerns addressed.”
Among the matters before the court is the APNU+AFC’s request to have the Natural Resources Fund (NRF) Act 2021 nullified on the grounds that the Act was not properly passed in the absence of the mace. They also want the Court to declare, that the holding of the National Assembly on December 29, 2021 proceedings with the use of a replacement mace without any approved motion, was ultra vires [beyond the powers] of the Constitution and the event also null and void. The NRF legal challenge also includes trade unionist Norris Witter who as an applicant, declared that his fundamental human right was trampled on by the government when they failed to hold public consultations regarding the NRF Act. The NRF Act deals specifically with the handling of oil and gas revenue.
Earlier this year, Kaieteur News publisher Glen Lall filed a legal challenge against the State for the exemption of taxes that saw billions of dollars being forgone in favour of oil giant ExxonMobil. The Kaieteur News publisher among other things is questioning the legality behind the exemptions which ordinary Guyanese are legally required to pay. The Petroleum Agreement, dated June 27, 2016 between the Guyana Government and the oil companies, grants exemptions to persons other than licensees. This is viewed by the legal challenge as a violation of the Petroleum Exploration and Production Act, the Financial Administration (and Audit) Act, the Prevention of Discrimination Act, and the Constitution. Article 15.1 of the oil contract states essentially that no tax; value-added tax, excise tax, duty, fee, charge or other impost shall be levied on the Contractor or Affiliated Companies, in respect of income derived from Petroleum Operations. Lall’s case against the State attracted the attention of Exxon’s subsidiary Esso Exploration and Production Guyana Limited (EEPGL) since they say that they would be directly affected by the outcome of the matter. These mentioned tax exempts according to the Guyana Revenue Authority, has so far caused Guyana to lose some $327B between the periods 2019 to 2020.
Guyanese scientist and the former President of Transparency Institute Guyana Inc. (TIGI), Dr. Troy Thomas had also brought on a case asking the court to have oil operator Esso Exploration and Production Guyana Ltd’s environmental permit conform with the legal five year regulation instead of the more than 20 year permission that was granted by the Environmental Protection Agency (EPA). That matter ended with the court ordering the EPA to conform with the five-year regulation.
Three Guyanese women, Sinkka Henry, Sherlina Nageer and Andriska Thorington had also filed a case through their attorneys to have Guyana’s Environmental Protection Agency (EPA) put a stop to flaring in the Stabroek Block. Among other things, the litigants have asked the court to order reports from the EPA highlighting the amount of gas flared, and the toxins released. It should be noted however, that in any oil and gas related case where Stabroek Block oil operators decide to become involved or are directly challenged, Guyana, according to the 2016 Petroleum Agreement, will pay all legal fees on behalf of the oil operators.

 

---

---