Gaskin appeals CJ’s dismissal of writs to halt project contract
AMONG other things, Acting Chief Justice Mr. Ian Chang, had recently dismissed Ramon Gaskin’s application for writs of certiorari and prohibition which had sought to quash a Government decision to award Synergy Holdings Inc. a hydro contract for US$15, 000,000.
The contract was “to (i) design and build a road and necessary stream/river crossing from Linden to Amaila Falls, Region Eight, including upgrades to some portions of the present infrastructure as required by the Owner and (ii) to clear a portion of a transmission line corridor to allow for the construction of a planned 230 KV transmission line and associated switchyards”.
Refusing the application for the writs of certiorari and prohibition, the Chief Justice said among other things, “It is the view of this Court that it is common knowledge that the Government of Guyana comprises various ministries, departments and other units of Government which operate within the constitutional structure of the Public Service. As such, the reference to the Government of Guyana  as the procuring  entity  in Exhibits A and 11 could not have been publicly understood otherwise than in the context of whatever individual Ministry or department of government happens to have responsibility for the particular project which is the subject of the tender invitations (by whatever name called). The clear purpose of the definition Government of Guyana or GOG in Exhibit 11 (RFP) is to so inform the tendering public. It must be borne in mind that the executive head of Government has the discretionary power to transfer government responsibility from one Government ministry or unit to another and even to disband an entire unit of the Public Service, the Chief Justice had said.
Mr. Gaskin, in his appeal to the Full Court of Appeal, said that the Government of Guyana, being desirous of constructing a Hydropower Station at Amaila Falls, Region Eight, unlawfully and in breach of Section 30 of the Act, authorized National Industrial Commercial Investments, Limited (NICH) to invite Request for Proposal for a design and build road and Transmission Line Project from Georgetown to Amaila Falls, Region Eight. In the definition section of the request for proposal “Government or GOG means the Co-operative Republic of Guyana, its ministries, agencies and/or instrumentalities.”
According to Gaskin, the government, the Ministry of Public Works and Communications and NICIL disregarded the provisions of the Procurement Act and the Regulations made thereunder in order to avoid the fairness and transparency provisions of the Procurement Act and Regulations and the National Tender Board established under Section 16 of the Procurement Act in that they failed to comply with Sections (a), (b), (c) and (d)  of the Act.
In his affidavit, Gaskin prayed that the Honourable Full Court would be pleased to grant the orders of Certiorari and Prohibition sought in the Notice of Motion.
The matter is expected to be heard shortly in the Full Court.