I will stay away from the continuing controversies between the current and past Attorneys-General. To coin a phrase, when elephants rumble, it’s the insects in the grass who get trampled. I will likewise stay away from the merits or otherwise of the Chief Justice’s decision ordering the Minster of Legal Affairs to bring the Act into force. It is likely to be appealed and the Court of Appeal will decide. But why is the Judicial Review Act important to the public?
There is an area of law called ‘public law.’ While much law notionally exists for the protection of the public, ‘public law’ more directly protects the rights of the citizen in his or her relations with the state and public bodies or authorities by holding them to account. The instruments used by the courts in public law are of ancient origin, initially directed against the King, and are called writs of certiorari – to quash a decision, mandamus – to order something to be done, prohibition – to prohibit an act and the lesser known, quo warranto – challenging the right to hold an office. The writ of habeas corpus – ordering the production of a body, is linked to these. They are called ‘prerogative’ remedies issued by courts on the application of citizens for ‘judicial review’ to enforce their rights against the state or public authorities. Currently, these are the only remedies available in public law.
Tit for tat politics have arrived with a vengeance. The APNU+AFC police has charged PPP supporters and the PPP has struck back by charging APNU supporters. The charges against former members of the past PPP/C administration will be seen as a political vendetta and will kill any possibility of movement towards a political solution.
Reports broke on April 12 that former Minister of Finance and Chairman of NICIL, Ashni Singh, and former NICIL Head, Winston Brassington, were jointly charged in absentia by the Special Organised Crime Unit (SOCU) with three counts of misconduct in public office between December 2008 and May 2011 contrary to the common law. They were charged for: firstly, having sold 4.7000 acres of Government owned land at Liliendaal to Scady Business Corporation for $150M when they knew that it was valued at $340M by Rodrigues Architects; secondly, having acted recklessly in selling to National Hardware Guyana Limited in December 2008 Government owned land at Turkeyen for $598,659,398M without procuring a valuation; and, thirdly, having sold 10.002 acres of land at Turkeyen to Multicinemas Guyana in May, 2011, for $185M without procuring a valuation.
This article below was first published in June, 2014, in a different political era. The recent shooting by the Police of three men on the seawall demonstrates the continuing relevance of the issues discussed at that time. I wrote as follows:
Violence and corruption in the police force can no longer be classified as allegations. They are real and are now an integral part of the culture of the Police Force and policing in Guyana. The sooner the authorities accept that these are chronic and systemic problems in the Police Force, the quicker there will be a serious attempt at a solution. No such attempt has yet taken place, even though modest efforts at ‘reforms’ have been made. But these have been attempted only reluctantly, after much public pressure and as an attempt to soothe public opinion. When public rage overflows, such as after the shootings in Middle Street, the public is offered the creation of a SWAT team. But the danger now exists that the Police Force will become so enmeshed and so entrenched in violence and corruption, that systems to protect these will take on a life of their own within progressively higher reaches of the Police Force.
It is not known whether the post of Commissioner of Police, which has become vacant with the retirement of now former Commissioner, Seelall Persaud, will be advertised to facilitate applicants from Guyana and the Caribbean, or will be ‘selected.’ President Granger implemented that policy in relation to the posts of Chancellor and Chief Justice, for which he had argued forcefully as Leader of the Opposition. It was productive because one such applicant was nominated for the post of Chancellor. Consistency demands that the position of Commissioner of Police be similarly advertised so as to attract the best qualified from Guyana and the region.
When appointed, the new Commissioner will recognize that without the cooperation of the public who provide information and intelligence, the capacity of the Police to solve crime would be severely diminished. It appears that such cooperation was significantly enhanced during the tenure of Commissioner Seelall Persaud. This saw a heightened crime resolving effort by the Police which deteriorated as soon as the Police came under public attack at the recent inquiry and the negative consequences of that inquiry. It is hoped that under new leadership the Police will revive its effort at good community relations which is recognized the world over as vital to crime-solving.
The Mayor and Councillors of the City of Georgetown (the City Council) have voted overwhelmingly to support a renegotiated contract for the establishment of parking meters in certain parts of the City. The major change is that the hourly rate has been reduced from $200 to $150 while an eight-hour day would cost $800. There were other minor revisions and concessions. The effect of the reduction by $50 an hour is like throwing a crumb to the citizenry.
The popular upsurge during last year against the imposition of parking meters was as a result of the high and unaffordable charges. It was pointed out that they were proportionately higher than parking meter charges in New York, a city that was 500 plus times wealthier than Georgetown where the charges for parking is US$1 an hour, the same as was proposed for Georgetown. While the protests were successful in derailing the plans of the City Council, with little or no help from the Government, there was also a legal element. Two cases were filed. One has been heard in which the Court ruled that the bylaws were not lawfully promulgated by the Minister. This means that before the parking meter system can be reintroduced and fees charged, the bylaws have to be lawfully put in place by the Minister.