THIS letter is a response to one which bears the signature of Patrick Ashford Roberts currently the Deputy Chairman of the Golden Grove-Diamond Place Neighbourhood Democratic Council. In that NDC, the PPP-Civic has the majority. Mr. Roberts group has the minority.

Mr. Roberts basically asked the question: “Does the Minister have the authority to appoint a councillor to an MDC?” Your headline said: “Can the Minister of Local Government appoint an NDC Councillor?”

The answer is yes! And Mr. Roberts knows this fully well, for it is not the first time he has raised this issue. He even consulted the Office of the Chief Elections Officer and was told that the Elections Commission has no authority where that law is concerned.

I was the minister when he first raised the issue some years ago. I had appointed several persons to the NDC in strict accordance with the Act. Now that there is a new Minister, he probably feels that he can do so again. Well, I am still in the system as the Advisor to the Minister of Local Government. Similar appointments have taken place elsewhere.

NDCs are governed by the Local Government Act, Chapter 28:02. At Section 35 of that Act, it is stated in plain simple uncomplicated language.

“Where the Minister appoints the holder of any office in the public service to be a member of the local authority of a village or country district, the person for the time being performing the duties of that officer shall, unless the Minister otherwise directs, be a member of the local authority.”

That law was made during the Forbes Burnham regime. It was revised by June 30, 1974 when Burnham was still in office as Prime Minister Desmond Hoyte came later, met the law and left it intact. So did Cheddi Jagan, Janet Jagan, Sam Hinds and Bharrat Jagdeo. During the long hiatus (1970-1994) when the PNC regime held no local government elections, use was made of it to appoint persons to the depleted local government organs.

Mr. Roberts appears to be peeved, but his peevishness conceals his hidden agenda to take full control of the NDC for his own partisan pro-PNCR group. He will not succeed.

Mr. Editor, the term ‘village’ in the context of Chapter 28:02, means “neighbourhood democratic council” I refer you to Order # 51 made under the Local Democratic Organs Act (No. 12 of 1980) on August 1980 by Mr. Jeffrey Thomas, the then Minister of Regional Development. That Order states at paragraph 4 (1):

On such date as the Minister may appoint by notice published in the gazette, in relation to any region, being a date not later than twenty one days after the declaration of the results of an election to choose the members of the Neighbourhood Democratic Councils of that region, first held after the commencement of this Order, every district council established under the Municipal and District Councils Act and every local authority constituted under the Local Government Act (each such district council and local authority hereafter in this clause referred to as “dissolved local authority” within that region, shall stand dissolved.

Paragraph 3 of the same Order indicates that Neighbourhood Democratic Councils have taken over, where District and Village Councils once existed.
Thank you for your patience.
CLINTON COLLYMORE
Ministerial Adviser
Ministry of Local Government & Regional Development