–in bid to rescind decision to quash parking meter by-laws
AN appeal to overrule Justice Nareshwar Harnanan’s decision to quash the parking meter by-laws has been drafted and should be filed on Monday by city lawyer, Roger Yearwood.
Town Clerk Royston King, who made the disclosure at a press conference here on Friday at City Hall, said the final report is being compiled by Chairman of the new re-negotiating committee, Councillor Akeem Peter, and that it will be submitted to the City Council on Monday.
Last February, subsequent to a legal challenge of the by-laws by the New Building Society (NBS), Justice Brassington Reynolds ruled that “an order, or rule nisi certiorari be issued to the Minister of Communities to show cause why a writ of certiorari should not be issued to quash his approval and/or decision to approve the parking meter by-laws made under the Municipal and District Councils Act, Chapter 28:01, made on or about the 23rd day of January, 2017, in that the said approval or decision to approve was of no legal effect and was made unlawfully and in breach of statute.”
Justice Harnanan subsequently took a decision that essentially rendered the said by-laws null and void, thus putting a pause on the controversial project for which re-negotiation was only recently completed.
In response to the decision at the time, King had said: “The Council is of the preliminary view that the ruling exceeded the scope of the challenge brought by the New Building Society, and as such it has not ruled out challenging same before an Appellate Court to test its soundness.”
He had said that in the interim, the Council will continue to examine all possible recourses, with a view to having a system implemented shortly to regulate parking in the city of Georgetown, thereby significantly reducing congestion and environmental pollution therein, while simultaneously helping the fight against crime.
“This would enable the Council to attain much-needed revenue to assist in its statutory mandate to sustainably transform Georgetown into a modern but aesthetically beautiful garden city,” King said, adding: “The Mayor and City Council wishes to assure all of its citizens that it remains resolutely committed, and unswervingly dedicated, to improving the quality of life in the nation’s capital, and lifting Georgetown to a plateau of environmental goodness and excellence.”
Following the High Court ruling, member of the Movement Against Parking Meters (MAPM), Don Singh, told the Guyana Chronicle that the group was overjoyed and felt vindicated by the judge’s decision, and that that was the reason the group had been petitioning the M&CC to await the outcome of the court matter before continuing to advance the project.
The M&CC had, however, voted to begin a fresh process of negotiation with SCS.
Last September, 13 of 25 city councillors voted in favour of setting up a new committee, consisting of two members of the public, to re-negotiate with SCS.
The contract that M&CC had entered into with SCS came under heavy criticism from some city councillors, who called for a complete revocation of it, while some others had suggested waiting on the outcome of the court action before proceeding.
Deputy Mayor Lionel Jaikarran had said that the project lacked transparency from the beginning, was not open to public scrutiny and should have been shelved immediately. “In May 2016, the Council was informed that the contract was signed for the implementation of parking meters. To my knowledge, at no time do I recall ever discussing, much less voting, on a proposal to implement this. I didn’t even see a contract until much later on.”
Alliance For Change (AFC) Councillor, Sherod Duncan, along with People’s Progressive Party (PPP) Councillors, Bishram Kuppen and Khame Sharma, also called for the complete revocation of the contract.
