THE Government has responded to the People’s Progressive Party (PPP) High Court challenge relating to the appointment of Mabaruma’s Mayor and chairs of five Neighbourhood Democratic Councils (NDCs).The PPP had challenged the decision by Minister of Communities, Ronald Bulkan, to appoint the Mayor and the NDC chairs on the grounds that it was illegal for him to do so.
As such, Justice Diana Insanally granted an interim order quashing the controversial appointments, which included chairpersons of Woodlands/Farm, Woodlands/Bel Air, Malgre Tout/ Meer-Zorgen, Gibraltar-Fyrish and Industry-Plaisance.
In response, Permanent Secretary (PS) of the Ministry of Communities, Emil McGarrell, noted that Minister Bulkan acted in good faith and within his statutory authority by selecting Rupert Henry Smith as Mayor of Mabaruma.
In court documents seen by this newspaper, the Government contends that the High Court has no jurisdiction to hear this matter, which was filed by the PPP as a ‘Notice of Motion’ and not by the prescribed form of Election Petition.
The Government contends that even if the court were to find that Minister Bulkan acted illegally in appointing Smith as Mayor, which resulted in the election of Astrile Gammell as Deputy Mayor, such a finding does not prevent them from performing the functions of their respective offices de facto.
As it relates to the appointment of the five NDC chairs, the Government contends that it is a mere misinterpretation of the law, pointing out that Chapter 28:03 of the Local Authorities (Elections) Act is inapplicable to the election of a Chairman and Vice Chairman.
“They do not contemplate the direct election of a Chairman or Vice Chairman, only councillor,” the PS stated in his response.
McGarrell is of the view that Chapter 28:01 of the Municipal and District Councils Act explicitly states that the minister has the right to appoint the Mayor, Deputy Mayor and NDC Chairpersons for Local Authority Areas if the councillors cannot arrive at a consensus.