…officer not empowered to make such order– Chief Justice Ian Chang

ACTING Chief Justice Mr. Ian Chang, SC, recently quashed a cease-work order unlawfully issued against miner Imran Khan after he had expending $150M in equipment to mine for gold in the Konawaruk area.

Among other things, the Chief Justice found that Raymond Rajpaul, the purported Mines Officer of Mining District No. 2, was acting in that capacity and did not have the authority to sign such an order.

When the Orders for Writs of Certiorari were filed on August 13, 2013, the Chief Justice had granted the applicant a Nisi Order calling on the Respondents — Raymond Rajpaul and Kerwin Josiah, purported Mines Officers – to show cause why their respective cease order and removal of equipment decisions should not be quashed. Those Orders of Rules Nisi of Certiorari granted on August 13th 2013 were made absolute.

In the Nisi Orders which have been made absolute, those decisions were regarded as being arbitrary; unreasonable; unlawful; unfair; in breach of the rules of natural justice; based on improper and irrelevant considerations, and ultra vires Regulation 154 of the Mining Regulations; null, void, and of no legal effect.

According to the Chief Justice, the court has noted that Raymond Rajpaul, who issued the cease-work order, had deposed that he was an Assistant Mines Officer. As an Assistant Mines Officer, Raymond Rajpaul has neither power nor authority to issue a cease-work order, the Chief Justice said.

The cease-work orders issued were not only unlawful, but were criminally unlawful. For this reason alone, the cease-work orders were unlawful, null and void, and of no legal effect; and must be quashed. The court so ordered.
The Chief Justice noted that it did not appear that the applicant had been afforded an opportunity of being heard before the orders were issued against him, even though the facts and circumstances did not preclude such an opportunity being afforded the applicant.

For the above reasons, the Orders or Rules nisi of Certiorari granted on the 13th August 2013 must be made absolute, the Chief Justice said. The court so orders.
“There will be costs to the applicant in the sum of $40,000 against each named respondent,” the CJ further ordered.

Attorney-at-Law Miss Abiola Wong appeared for the appellant, while Attorney Mr. Nikil Ramkarran appeared for the respondents.

(By George Barclay)