DOES the Guyana National Broadcasting Authority (GNBA) have the right to impose a $2.5M fee for broadcasting on television? THE answer to the above question will be given in an upcoming decision by Acting Chief Justice, Mr. Ian Chang.
This follows a notice of motion by owners of certain television stations who have challenged the authority in court.
Justice Chang, who completed the hearing of the matter on Monday last, has reserved his decision.
The applicant, Vishnu Ramdhani, Savitree Sharma, Nyjel Fraser and Jacob Rambarran, who own and operate licensed television stations, claimed that during the month of September, 2013, the GNBA, under Chairman Bibi Shadick, wrote to them advising them of the following fees: (a) use of channel fee of $240, 000, and (b) licence fee $2,500,000.
The applicants approached the court for a Writ of Certiorari. At the ex parte stage, they won the first round of the battle when the Chief Justice, after hearing arguments from counsel of the applicants granted a Nisi Order of Certiorari and directed the GNBA and Bibi Shadick, in her capacity as Chairman, to show cause why their/ her decision to impose a licence fee of $2,500,000, should not be quashed, as a decision which is ultra vires, null and void, on the basis that the GNBA had no authority to delegate its power to determine and prescribe fees for the issuance of licences for television broadcasting to the Cabinet, and on the further basis, that the GNBA had no authority to impose or arbitrarily increase licence fees by 100% which imposition was excessive, exorbitant, unreasonable and without economic or other lawful basis.
However, the matter reached the inter partes stage last Monday, with Lawyer Nigel Hughes, representing the applicants and Mr. Adrian Smith representing the respondent.
The parties discussed the issue as it related to the law.
At the conclusion, the Chief Justice reserved his decision and told his hearers that notices would be served on them in respect to the date of decision.
Written By George Barclay