-M&CC ordered to pay $200,000 cost to AG, LGC

HIGH Court Judge Navindra Singh has thrown out an application filed by the Georgetown Mayor and City Council (M&CC), which challenged the legality of the Local Government Commission (LGC).

According to a release from the Attorney General (AG)’s Chambers, the ruling was handed down on December 9, 2022, at the Demerara High Court.

Justice Singh dismissed the application with cost awarded in the sum of $200,000 to the Attorney General and the LGC.

On March 3, 2022, the Councillors and Mayor of Georgetown moved to the court seeking several declarations and orders against the Attorney General and the LGC.

The claimants were seeking a declaration that Articles 75 of the Constitution of Guyana and 78A of the Constitution of Guyana are irreconcilably inconsistent with each other.

They also contended that Article 75 is the leading provision and should prevail over Article 78A of the Constitution.

The parties also sought a declaration that establishment of the LGC by Parliament by the Local Government Commission Act #18 of 2013 is contrary to Article 75 of the Constitution of Guyana and was therefore void to the extent of its inconsistency.

However, the AG’s Chambers said that the fundamental issue raised by the M&CC in its application is that the establishment of a LGC, by Article 78A of the Constitution, and the vesting of it with a power to regulate and staff local government organs, and a power to resolve disputes within and between Local Democratic Organs is inconsistent with Article 75 of the Constitution which provides that Local Democratic Organs shall be autonomous.

Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., in his submissions had contended that “ it was always the intent of Parliament to repose authority in a Local Government Commission to deal with all matters relating to the regulation and staffing of local government organs and the power to exercise disciplinary control over local government officers” as evidenced in Sections 13 and 120 of the LGC Act 2013 Sections 97, 114 (now repealed) and 118 of the Municipal and District Councils Act.

“The legislature in their wisdom to alleviate any ambiguity as to their intendment of the role and functions of the Commission went a step further and enacted the Local Government Commission after the Municipal and District Councils Act, Cap 28:01, was updated in 2012.

“The Constitution itself is replete with examples of one organ that is ostensibly autonomous and independent being staffed by another organ, as well as its functions being in some way regulated by another agency. This holds true for many statutory agencies as well,” the statement from the AG’s Chambers said.

The state was also represented by Solicitor-General Nigel Hawke and state counsel Saabira Ali Hydaralie.

The M&CC was represented by attorney Brendan Glasford, while the LGC was unrepresented.