Minister has power under the Act to dissolve Council –former chairman of dissolved Bartica NDC admits

FORMER Chairman of the dissolved Bartica Neighbourhood Democratic Council (Bartica NDC), Mr Gerald Joseph, Tuesday admitted in court that the Minister of Local Government has statutory power to dissolve any NDC.

Mr Joseph made the admission yesterday in answer to cross-examination by Attorney General, the Hon. Anil Nandlall, when asked whether he had knowledge of the Local Democratic Organs Act of 1980, and whether he knew that the minister had power to dissolve councils under the Act.
Mr Joseph and three others have brought an action against Local Government Minister, Ganga Persaud, and the Honourable Attorney General of Guyana as second named defendant and representative of the Government of Guyana and of the Local Government Minister. That action condemns the dissolution of the Bartica NDC, and asks for relief and damages from the defendants.
The plaintiffs are claiming that they were democratically elected as councillors of the Local Authority of Bartica, pursuant to the Municipal and  District Councils Act, Chapter  28:01, and held office continually until May 15, 20l2, when the first-named defendant, unlawfully and without  reasonable or probable cause, purported to dissolve the Bartica NDC by attending at Bartica and declaring that the plaintiffs would no longer be holding the offices of councillors of the Bartica NDC; and that the said Bartica NDC is dissolved.
In their statement of claim, the plaintiffs are contending that, as a matter of law, the purported act to remove from office the councillors of the Bartica NDC is inordinate and revolting, and contrary to law inasmuch as the law postulated, inter alia, that if a council, after an inquiry, were to be removed from office, there should be an enquiry, and such enquiry should follow a certain procedure, which was not in any event followed.
According to the plaintiffs, the first named defendant also purported to install an Interim Management Committee (IMC) to carry on the duties of the Bartica NDC.
Among other things, the plaintiffs are asking for a declaration that the installation of the Interim Management Committee of the Bartica NDC is null, void, and contrary to law.

Represented by Mr. C. M. Llewellyn John, Attorney-at- Law, the plaintiffs are also seeking an order for the democratically elected councillors of the Bartica Neighbourhood Democratic Council to function until such time as democratic elections are held, or until further order of the court.
Conversely, the defendants are saying that the Bartica NDC was dissolved in accordance with the provisions of the law; and further, an inquiry was held on March 30, 2012 in accordance with the law, which resulted in the minister exercising his statutory powers to dissolve the Bartica NDC.

Moreover, the defendants contend that the plaintiffs have failed to prove that there has been any loss or damage as alleged, or at all.
The defendants further contend that the law empowers the first named defendant to appoint a person or persons to perform the duties of the NDC, in accordance with provisions of the Act.
In the above premises, the defendants will contend that the action filed against them is misconceived, malicious, vexatious, speculative, and is an abuse of the process of the Honourable Court, and ought to be dismissed with costs.
Further hearing of this lawsuit is fixed for April 24th.

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