The Week-in-Review - October 15 to October 22

Local Government

Dharamlall names March 13 for local gov’t polls: Minister of Local Government and Regional Development Nigel Dharamall has written to Chair of the Guyana Elections Commission (GECOM), retired Justice Claudette Singh, informing her that March 13, 2023, has been appointed as the date for overdue Local Government Elections. Dharamlall’s letter came after Singh wrote to him, last Monday, advising that the Commission would be in a position to hold the constitutionally overdue election between March 13 and April 24, 2023. In a statement, Dharamlall said that the government is committed to upholding democracy and believes that the hosting of local government polls is an important pillar in the country’s democratic political system. The letter to the GECOM Chair was sent last Thursday. “Please be informed that pursuant to Section 35 (1) of the Local Authorities (Elections) Act, Chapter 28:03, I appoint March 13, 2023, as the day on which elections of Councillors for Local Authorities shall be held,” Dharamlall said in the letter. The statement added that an order under Section 35 shall be published in the gazette appointing the date. Additionally, some $2.9 billion has been allocated to GECOM for preparatory works to ensure the successful planning and execution of LGE. Now that the date of the election has been named, GECOM would now have to announce the relevant dates for nomination and other submissions. Additionally, the secretariat will begin preparation for the procurement of indelible ink, ballot papers and other election-related materials. Local Government Elections were constitutionally due at the end of last year but GECOM was without a Chief Election Officer and could not have prepared to host the elections.

BV residents protest at John Fernandes over land controversy: Several residents of Beterverwagting (BV) on the East Coast Demerara last Monday protested John Fernandes Limited’s (JFL) decision to transfer its interest in a controversial 143 acres land deal to a mystery company. The protest took place at the JFL wharf on Water Street, Georgetown. “We value these lands and they [JFL] knows full well that these lands belong to us…,” Elton McRae, one of the holders of a transport for the land in question and a councillor of the BV/Triumph NDC, told Stabroek News. Last December, this newspaper reported on the controversial agreement between JFL and the BV/Triumph Neighbourhood Democratic Council (NDC). Details of the $35 million deal had only come to light when the agreement document was leaked, according to McRae. According to the terms, JFL was supposed to pay the NDC $20 million on the signing of the agreement and the remainder when the transport was passed. Observers had deemed the $35 million figure as paltry but more importantly the deal related to some lands which the NDC had no jurisdiction over. After negative publicity over the deal, JFL backed out of it. It was later, however, revealed that JFL transferred its interest in the arrangement to the mystery company, Mohamed Sons and Daughters Trading. Further, it was only last week that JFL disclosed that it had accepted $20 million from the company in return for the transfer of its interest in the matter. This had become known when JFL returned a cheque to the NDC for the $20 million refund. The NDC had earlier received a lawyer’s letter from Mohamed Sons and Daughters Trading directing it to make preparations for the passing of the transport, a development which set off alarm bells among residents, who feared efforts were still being made to take their lands despite the disavowal by JFL. At the protest residents said that JFL appears unperturbed that it had transferred its interest in a matter where private holdings are at stake, property that the NDC has no control over. McRae noted that if JFL was no longer interested in the land, they should not have gone to a third party, rather they should have simply asked the NDC for the $20 million refund. “Why [they] have to go to a third party…?” McRae questioned.

Travel

Visa-free access to UK unveiled: The United Kingdom on Tuesday said that from November 9th, holders of Guyanese passports will be allowed visa-free entry for up to six months for business and leisure. “Today is a historic day for the UK/Guyana relations and I am delighted to inform you that as of the 9th November [2022], those with a valid Guyanese passport can visit the UK visa-free,” British High Commissioner to Guyana, Jane Miller announced at a joint press conference with President Irfaan Ali at her Bel Air Gardens residence. Persons seeking long stays or to study and work would require the requisite visas and have to go through the current processes for those. Prospective leisure and business visitors were reminded by Deputy UK High Commissioner, Omasan Judy Kpogho that “like anywhere else, you will still need to clear the immigration.” The UK envoy noted that the waiver for this country should be seen as a sign of confidence her country has in Guyana. “This visa lift” is a real sign of the confidence that the UK has in the growth of our relationship. Together with the direct flights that will be happening at the end of March with British Airways, we believe that this change is going to be transformative to our already strong relationship”, she said. The visa waiver will take effect shortly before a visit here by prospective UK investors. “We hope that with this visa lift, we will welcome many Guyanese to the UK to explore further business opportunities,” the High Commissioner also said. As he appealed to Guyanese to not abuse the system, President Ali echoed the view of confidence in this country, as he credited the High Commissioner for her input in making the decision a reality. British Airways is to begin flying to Georgetown from March next year so visa-free access for Guyanese is seen as helping to boost traffic between the two countries.

Mining

GGMC demolishes mining camps at Two Point: The Guyana Geology and Mines Commission (GGMC) has demolished a number of structures and ordered the removal of over 75 mining operations from the Two Point Backdam, Cuyuni following a standoff with small miners operating there. On October 13, Stabroek News reported that the miners were given three days to remove from the area following complaints of illegal operations as well as squatting on lands owned by other persons. The grace period expired and according to information reaching Stabroek News, the demolition of shops and other structures was undertaken over the weekend. There have been numerous complaints by claim holders in the Region Seven area that the small miners are occupying their lands without the requisite permission and as such an operation was launched to remove them.

Politics

Annette Ferguson wants PNCR to probe Georgetown District elections: While making a case for her party to investigate the conduct of its Georgetown District election, People’s National Congress Reform (PNCR) member Annette Ferguson also called on it to “rise to the occasion of practising fairness, honesty” and “being democratic when it comes to its internal business or affairs”. Ferguson’s call came after she lost the bid for the chairmanship of the Georgetown District – the party’s largest support base – at its October 2 conference. She has since written to the party’s Central Executive Committee (CEC) protesting the conduct of the elections and calling for an investigation. The position of Chair of the Georgetown District was held by senior PNCR member Volda Lawrence for a number of years. Lawrence was also the Chair of the PNCR and served as a government minister when the APNU+AFC coalition was in power. It is unclear why Lawrence did not contest the post once again but she was responsible for the hosting of the elections, according to Ferguson’s letter. In her letter, dated October 3 and seen by this newspaper, Ferguson raised a number of issues with the conduct of the elections and said that they warrant immediate investigation. Her call comes at a time when the government has been continually accusing the PNCR-led APNU+AFC of attempting to rig the March 2020 general and regional elections. Outlining her case, Ferguson said that there were irregularities in the conduct of the elections which cannot be swept under the rug. She said that a letter advising of the conference was issued on August 15 and informed that a returning officer would be identified and an accreditation committee set up. That letter did not provide any additional information prompting Ferguson to write to then Vice Chair of the Georgetown

District Hazel Pinder, on September 18, raising a number of concerns. Pinder, to date, has not responded to Ferguson’s letter.

In the courts

APNU+AFC election petition thrown out as CCJ overturns appeal court decision:

The Caribbean Court of Justice (CCJ) last Wednesday ruled that the Guyana Court of Appeal has no jurisdiction to hear the appeal of a decision by acting Chief Justice Roxane George SC to throw out an APNU+AFC election petition challenging the results of the March 2nd 2020 polls. In a majority judgment, the Trinidad-based court of last resort for Guyana has found, among other things, that although the petition was not been determined on its merits, the decision to throw it out it cannot be appealed and so the local appellate court cannot entertain such a challenge. The ruling means that the petition – one of two lodged on behalf of APNU+AFC – has been completely lost. On December 21 last, Guyana’s Court of Appeal by a majority 2 to 1 decision ruled that it had jurisdiction to hear the appeal of the decision to throw out the petition. Chancellor Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory concurred with each other, while Justice of Appeal, Rishi Persaud had dissented. Chief Justice George had previously thrown out the petition, after finding that the presidential candidate of the APNU+AFC, David Granger, who was a “proper and necessary party” to the petition had not been served on time. Lawyers for petitioners Monica Thomas and Brennan Nurse, however, appealed to the Court of Appeal, which they vehemently argued had rightly assumed jurisdiction to hear the matter because the law allowed it. Vice President Bharrat Jagdeo and Attorney General Anil Nandlall SC would later challenge the Guyana Court of Appeal giving itself jurisdiction to hear the appeal, arguing before the CCJ that because the petition had not been determined on its merits, the local appellate court had no jurisdiction to hear the matter.

Gov’t moving to abolish preliminary inquiries: The government is looking for a consultant to help it craft a bill that will end time-consuming preliminary inquiries (PIs) in what will be a major reform of the criminal justice system here. “We are now moving in the direction of drafting legislation to abolish PIs at criminal trials. This initiative has already been taken in England and in various countries in the Caribbean…It is public knowledge that a Preliminary Inquiry takes years to determine, and has caused a tremendous backlog in the criminal justice system, hence the movement to abolish it across the Commonwealth,” Attorney General Anil Nandlall SC told Stabroek News last week. In a procurement notice published in the Guyana Chronicle last Sunday, the Ministry made the request for applications for the project which is funded through a loan from the Inter-American Development Bank (IDB).

Kitty gold heist getaway driver confesses in court, says he got $3M:

Dequan King, who was recently nabbed in Suriname for a 2021 gold heist in Kitty, last week confessed in court to his role and said that he got $3 million from the proceeds of the crime. Sentencing has been deferred for a probation report to be done. The 27-yearold King, of Lot 23 Sixth Street, Cummings Lodge, East Coast Demerara (ECD), was arraigned in the Georgetown Court of Principal Magistrate Sherdel Isaacs-Marcus. The charges stated that on August 5, of 2021, at Wallison Enterprise, Lot 23 Gordon Street, Kitty, Georgetown, while being armed with a dangerous weapon, to wit a gun, and acting in concert with other persons, he [King] robbed Wallison Enterprise of 60 ounces of raw gold worth $20 million and $38 million in cash. On the said date and at the same address, it is further stated that he also robbed Francis Santos Nunes of one gold chain valued $150,000, one gold ring valued $60,000 and $14,000 in cash. The other charge stated that during the gold heist he robbed Fernanda Carmichael of one iPhone valued at $350,000 and Wallison DaSilva of a cellular phone worth $160,000. King, who was unrepresented, pleaded guilty to all four of the charges. However, despite his guilty plea, he was remanded and sentencing was deferred until November 21. Magistrate Isaacs-Marcus said that in order for a proper decision to be made, a probation report will be needed at the next court hearing.