Rul­ing on lo­cal gov’t changes to be handed down to­day

Stabroek News - - STARBROEK NEWS -

is­sue with this rea­son­ing, ask­ing Nand­lall to sub­stan­ti­ate his claims that the bound­aries had in fact been set by the CEO.

Nand­lall said that what was on record was that the bound­aries were not fixed by the min­is­ter him­self, which was a vi­o­la­tion of sec­tions 4, 5 & 12 of the Lo­cal Demo­cratic Or­gans Act.

He said that while the min­is­ter did the de­mar­ca­tion in re­la­tion to seven of what he said were new NDCs, he did not do so in the case of two.

Forde said there was no ev­i­dence pro­duced by Nand­lall that the CEO fixed the bound­aries and so the ap­pli­cant failed to sub­stan­ti­ate the ba­sis of her claim.

At­tor­ney Gen­eral Basil Wil­liams SC, who rep­re­sents Bulkan, took Nand­lall to task to pro­duce the law which stated that it is the min­is­ter who, at every suc­ces­sive lo­cal govern­ment elec­tion, was re­quired to fix the bound­aries.

He said that the sec­tion re­lied on by Nand­lall does not so re­quire of the min­is­ter.

Both Wil­liams and Forde ar­gued that those sec­tions have noth­ing to with the hold­ing of elec­tions.

Nand­lall ad­vanced that it was the same statu­tory pro­ce­dure for every elec­tion, while point­ing out that the min­is­ter had made de­mar­ca­tions in 2015 ahead of elec­tions in 2016 and that it was also fol­lowed in 1994—the last time lo­cal govern­ment elec­tions had been held be­fore again be­ing held in 2016.

The at­tor­neys for the state, how­ever, ar­gued that while this might have been so, the min­is­ter is not bound by it as it has no con­nec­tion to elec­tions and so the ap­pli­cant has still failed to show that the min­is­ter has to set bound­aries for every elec­tion. They say too that the LGAs and bound­aries are not newly cre­ated but are merely now ac­ti­vated.

It is claimed that the Min­is­ter al­tered ex­ist­ing bound­aries within ex­ist­ing LGAs with­out any at­tempt to con­sult with im­por­tant stake­hold­ers, in­clud­ing the elec­tors or the po­lit­i­cal par­ties. “We be­lieve that such a process must in­volve con­sult­ing with the rel­e­vant stake­hold­ers,” Nand­lall has said.

Shadick’s ap­pli­ca­tion also ar­gues that the CEO has no power to fix bound­aries for the new NDCs cre­ated by the min­is­ter. This, it says, is a power of the min­is­ter him­self.

Bulkan has since said that he has acted within the am­bit of the law and dis­missed the case as base­less

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 Fort­lands/No. 38; Ad­ven­ture/Bush Lot; and No. 52 – 74.

Newspapers in English

Newspapers from Guyana

© PressReader. All rights reserved.