High Court throws out PPP LGE challenge
Attorney General, Basil Williams SC
Attorney General, Basil Williams SC

By Gabriella Chapman

HIGH Court Judge Gino Persaud on Friday dismissed a People’s Progressive Party/Civic (PPP/C) challenge to the creation of several Local Authority Areas.
Had the challenge been successful, local government elections set for Monday, would have been derailed.

The application filed in the High Court by Guyana Elections Commission (GECOM) commissioner Bibi Shadick and her counsel Attorney-at-Law Anil Nandlall, had contended that Minister of Communities Ronald Bulkan had failed to identify by name, boundaries, and number of members, of seven Neighbourhood Democratic Councils. The court challenge was filed on the grounds that the said decision is “unlawful, illegal, and in violation of the Local Democratic Organs Act, Cap. 28:09”.

Attorney General Basil Williams SC, in a statement said the court’s ruling paves the way for local government elections to proceed without obstruction, interruption or delay on Monday 12th November, 2018.

Minister of Communities Ronald Bulkan during his presentation.

Minister Bulkan, who had spoken to the media a few weeks back, said the government is convinced that when people are empowered and given the opportunity to manage and develop their communities, it would result in better-managed communities. As such, their decision to adjust the specific areas are in keeping with the democratic tradition and is empowering people, ultimately for their own benefit. He believes that these changes to the electoral structures of the several NDCs and municipalities, will make the process of local governance easier. Minister Bulkan also articulated his certainty that the PPP does not believe in the system of local government, while adding that the government will be going ahead with reinstituting as well as expanding the system of local governance.

Shadick had claimed that the minister activated seven new Local Government Areas (LGAs) and restructured 14 others. All of these actions she claimed were done unlawfully, and as such, she would render all voting in those areas at the upcoming November 12th polls, void. The new NDCs are: Moruka/Phoenix Park; Kitty/Providence; Nile/ Cozier; Lamaha/ Yarowkabra; Hauraruni/ Yarowkabra; Plegt Anker/ Kortberaad; and Wyburg/ Caracas. The areas that were restructured were Rose Hall; Evergreen/ Paradise; Aberdeen/Zorg-en-Vlygt; Malgre Tout/ Meerzorgen; La Grange/ Nismes; Toevlugt/Patentia; Caledonia/Good Success; Woodlands/Farm; Mahaicony/Abary; Zeelust/ Rosignol; Blairmont/ Gelderland; Ordnance Fort-lands/No. 38; Adventure/ Bushlot; and No. 52 – 74.

In addition to the claims against the subject minister, Shadick also alleged that the Chief Elections Officer of GECOM, Keith Lowenfield, had fixed the boundaries of the aforementioned NDCs and demarcated and re-demarcated the boundaries of the seven NDCs.

Before announcing his decision to the court, Justice Persaud pointed out that those seven boundaries outlined by the applicant were established since 1990 and will continue to stand, unless a subsequent constitution orders that it be adjusted or amended. The Act being referred to by the PPP does not say that the minister has no power to adjust constituencies within those NDCs without consultations.

GECOM Commissioner, Bibi Shadick

In fact, Justice Persaud pointed to section 4(1) and section 5 of the said Act which states; 4(1). “The Minister may by order divide Guyana as he may deem fit into 10 regions, and may in like manner divide a region into sub-regions, a sub-region into neighbourhoods, and a neighbourhood into people’s cooperative units: Provided that the Minister by order divide any area comprised in a city or town as he may deem fit.” 5. The Minister may by order provide for – the establishment or designation of local democratic organs for any area into which Guyana has been divided under section 4; the name of any such area and its boundaries; the name of any local democratic organ for the area; the composition, constitution, location, rights, duties, obligations and responsibilities of each local democratic organ…” and the exorbitant list continued, all validating Minister Bulkan’s authority to make the decisions the PPP is against.

Moreover the court found that there was no specific legal requirement in the law for the minister to publish the boundaries of the NDCs or for Local Authority Areas for every successive election as contended by Mr. Nandlall. Consequently, the judge dismissed the applicant’s claim against the minister.

In relation to the allegations against the CEO, Justice Persaud said that Nandlall failed to produce any evidence of their allegations that Mr. Lowenfield has demarcated, fixed, or re-demarcated existing boundaries of the Local Authority Areas. “No documented evidence was there to prove/ support claims against the CEO.” As such, justice Persaud dismissed the claim.

In the circumstances, the presiding Judge stated that there is no cause of action on any of the other claims against the two respondents, and they were therefore dismissed. Justice Persaud also ordered that the applicant pay a cost of $150,000 each, to the respondents. Bulkan was represented by the Attorney General’s (AG) Chambers led by Attorney General, Basil Williams, S.C. MP; Solicitor General Kim Kyte-Thomas and the State Solicitor Ayana McCalman. Lowenfield was represented by attorney, Roysdale Forde.

In a statement hours after the ruling, the PPP said it was disappointed with the ruling handed down by Justice Persaud. “This case along with others that have been filed, were done so with the sole objective of protecting our democratic process, strengthening our electoral machinery and safeguarding our citizens right to vote and to engender consultation with and participation of the citizens of our country in the electoral decision making process,” the party said.

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