THE affidavit sworn to on Tuesday by former President, Donald Ramotar, in relation to the revocation of a 99-year lease of the Red House by the APNU+AFC administration has been described as a ‘late bid’ by Attorney General and Minister of Legal Affairs, Basil Williams.“After months of silence on the non-approval of the purported lease of the Red House by the Former PPP/C President, Mr. Donald Ramotar has decided to make what can only be described as a ‘late bid’,” Williams told reporters on Friday during a press conference at his Carmichael Street office.

President David Granger had revoked the controversial lease for Red House, which housed the Cheddi Jagan Research Centre Incorporated (CJRCI) in December and the Attorney General had long maintained that there was no valid lease agreement as former President, Bharrat Jagdeo had refused to approve at least two applications for the lease.

However, Ramotar in his Affidavit, which was drawn by the former Attorney General, Anil Nandlall, contended that he had given his approval. “At all times, I was aware, authorised and sanctioned the issuance of the a lease of government land for educational/research purposes, number 3068, dated 30th March, 2012, in respect of Area ‘A’ now called Red House, comprising lots 65, 66 and 67 High Street Kingston, situate in the City of Georgetown, County of Demerara, by the Commissioner of Lands and Surveys acting on behalf of the Government of Guyana and the Cheddi Jagan Research Inc.,” the former president swore.

But the Government, through its Attorney General, rejected this statement. “The Government…rejects Ramotar’s ‘late bid,’ as a veiled attempt to plug a lacuna in the Application filed by the CJRCI, in which they never mentioned the Red House Lease had the approval of the former President Donald Ramotar,” the Legal Affairs Minister said.

Williams argued that Ramotar is a founding member of the Research Centre and a shareholder, and as such is prepared to accept the charge of Conflict of Interest in giving approval to his own interest for the lease. Ramotar was the person who applied in 2006 for a lease of the Red House.

Nevertheless, the Attorney General said the former president “ought to have been advised that the Commissioner of Lands and Surveys cannot lease national buildings, monuments and heritage sites.

“Mr. Ramotar’s latest bid is reminiscent of a similar intervention to save Mr. Anil Nandlall, who discovered to have unlawfully taken away Law Books from the Attorney General’s Chambers and the Ministry of Legal Affairs, worth nearly three million dollars, and is yet to return them despite numerous requests so to do,” Williams added.

In December, 2016 President David Granger ordered that the controversial lease for Red House be revoked and that the occupants vacate the property by December 31, 2016. The President’s order has since been contested in the court. Chairman of the Management Committee of the Cheddi Jagan Research Inc., Hydar Ally, sought a Conservatory Order to restrain or prevent the government from taking possession of the Red House, which has housed the Cheddi Jagan Research Inc, but government had already taken possession of the building once the lease was cancelled.

By way of an Ex-Parte Application, affidavit for Conservatory Orders, Ally called on Chief Justice (ag), Justice Yonette Cummings-Edwards, to declare that the lease of government land for educational and research purposes issued under Section 10 of the Lands Department Act, Chapter 59:01 and executed on March 30, 2012 between Doerga Persaud, Commissioner of Lands and Surveys, in respect of the Red House, which houses the Cheddi Jagan Research Centre for a term of 99 years from the said date is valid, binding and in force.

The application had also called for the Chief Justice (ag) to declare the government’s move as illegal, unlawful and contrary to the fundamental rights and freedoms guaranteed by the Constitution. Ally sought damages in excess of $1M for breach of lease of government land and in excess of $1M for breach of the applicant’s fundamental rights and freedoms.

Justice Cummings-Edwards asked for an undertaking that the materials belonging to former President Cheddi Jagan would not be thrown out or destroyed and a commitment was made by the government. The matter has been adjourned to February 20.

Meanwhile, in a statement to the media, President Granger said the revocation of the lease was in the public’s interest for the building to house The National Trust of Guyana, its staff, stores and equipment.

That order was made one day after the Attorney General had issued a statement detailing the history of the CJRCI’s occupancy of the building and outlining that there was no valid lease agreement as former President Bharrat Jagdeo had refused to approve at least two applications for the lease.

In his statement, the Legal Affairs Minister pointed out that on March 30, 2012, The Red House lease agreement was initiated without the approval of either the President of the Day or The National Trust of Guyana, which is in contravention of Section 10 of the Lands Department Act Chapter 59:01, rendering it void. The statement also said that on March 21, 2000, the CJRCI was incorporated as “a not-for-profit company” by late former President Janet Jagan, her daughter Nadira Jagan-Brancier and former President Ramotar, who was then the general-secretary of the People’s Progressive Party/Civic (PPP/C), with the aim of establishing a library and research facility to contain the works and documents owned by the late President Cheddi Jagan.

In that same year, the lease agreement among the parties; the Government of Guyana, The National Trust of Guyana and the CJRCI was drawn up but not executed. The Attorney General further said that on May 3, 2006, Ramotar applied to the Commissioner of Lands and Surveys (CL&S) for a lease of the property on behalf of the CJRCI, but although a file had been opened in the Guyana Lands and Surveys Commission (GL&SC), approval had not been granted.

The application was then resubmitted on August 30, 2010, on a revised schedule, to the then Office of the President. On January 11, 2011, the resubmitted application was also not approved as there is no evidence of any signature of the President of the Day on the purported schedule, only those of Doerga Persaud, the then CL&S, and the Manager of Land Administration, Enrique Monize.

However, on March 30, 2012, a lease entered by the CL&S on behalf of the Government of Guyana, and by Ralph Ramkarran, S.C., on behalf of the CJRCI, was issued under Section 10 of the Lands Department Act, Chapter 59:01 for property with a duration of 99 years, commencing on January 1, 2012 at an annual rental of $12,000 for the first three years, and with the proviso that the Government could revise the annual rent payable at the end of every three years.

The Red House is established in The National Trust of Guyana Monuments Register as a Public Building/National Monument/Heritage Site.