GOVERNMENT has decided to pay off almost $2B in liabilities stemming from Court Judgments awarded against the then People’s Progressive Party/Civic (PPP/C) Administration by the Caribbean Court of Justice (CCJ).The Judgments made against the then PPP/C Government, arises from its failure to adhere to a previous CCJ ruling, leading to a case of contempt being acted on in favour of Trinidad Cement Limited (TCL).
The Guyana Government was asked to fork over more than US$2M in compensation to the Trinidadian company.
The then Guyana Government was also found to be guilty of imposing a discriminatory tax which was found to be in breach of the Revised Treaty of Chaguaramus, to which Guyana is a signatory.
THRILL IMPORTER
Surinamese based importer of ‘Thrill Drinks’ Rudisa Beverages and Juices NV, had taken the then Guyana Government to court over the tax imposed that caused the company to pay $10 on each bottle of beverage it imported into the country.
The CCJ ordered the Guyana Government to pay the Surinamese Company some $6.5M in compensation.
Minister of State, Mr Joseph Harmon, yesterday made the disclosure following Cabinet’s meeting the previous day.
He explained that Cabinet decided to pay the debt that the coalesced A Partnership for National Unity + Alliance For Change (APNU+AFC) Government inherited from the PPP/C administration since Guyana has signed on to the CCJ as its final judicial arbitrator.
According to Harmon, the accord that binds Guyana to the CCJ must be respected. He affirmed that the Court has made a ruling against the Guyana Government, and since the CCJ represents the highest level of appeal in the jurisdiction, the ruling of the court must be respected.
The matter of the court judgments against the then PPP/C Government became a renewed subject of topical interest after Attorney General, Mr Basil Williams, recently called on his predecessor to explain why the judgments were still to be paid.
Minister Harmon told members of the media yesterday during his post Cabinet press engagement that the Council of Ministers had been briefed by the Subject Minister on the outstanding judgments.
LAW ABIDING COUNTRY
Minister Harmon said Cabinet was told Guyana continues to be in default of the CCJ rulings.
According to the Minister of State, “Cabinet made it clear that as a law abiding country where the rule of law will reign supreme, that judgments of court have to be respected unless they are vacated.”
As such, Minister Harmon reported that Cabinet has since taken the position that Judgments awarded to TCL in the sum of TT$2.6M will be respected.
He used the opportunity to reiterate that the judgment was incurred because of contempt for the court.
Rudisa Beverages was awarded US$6.5M and, according to Minister Harmon, “these sums of money are due to be paid to the companies and Cabinet has taken the position that they will honour these commitments.”
He did seek to explain that “in the spirit of our accepting this responsibility Cabinet has advised the Honourable Minister of Legal Affairs (Basil Williams) to seek to enter into negotiations with these companies.”
The Minister explained that the APNU+AFC Government is looking to have the companies accept a smaller compensation package than that which was awarded by the CCJ and for which the PPP/C administration had failed to honour.
CLEAR THE AIR
Former Attorney General, Anil Nandlall, has in recent time stated publicly that it was the APNU+AFC duo, during the course of the life of the 10th Parliament which blocked attempts at remedying the law for which the CCJ found to be discriminatory.
Minister of State Harmon however, yesterday sought to clear the air on the matter firstly seeking to make pellucid that the judgments by the CCJ against Guyana was for, specifically, a violation of the Treaty of Chaguaramus.
This Treaty, he said, binds the various CARICOM countries to a number of commitments. According to Minister Harmon, what occurred during the life of the 10th Parliament was that the then Opposition voted down amendments to an unrelated issue.
Harmon said, what in fact was presented to the House by the then PPP/C Administration was an Environmental Bill, which in fact sought to impose a new tax on local manufacturers.
He accused Nandlall of attempting to rewrite history as if to make the APNU+AFC coalition somehow responsible for the judgments made against the Guyana Government.
In fact, Minister Harmon, told reporters that the records indicated that a decision was taken by the former administration approving the sums of money to be paid.
“In spite of that, this crass contempt continued,” said Harmon.
The Minister of State was adamant: “We have to show that we respect the law, we have to show that if this is the court of final jurisdiction that we respect it and once you subscribe to the jurisdiction of the court then you have to abide by the judgments.” (Gary Eleazar)