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Joseph Haynes Law School Shareholders Agreement Signed - DPI 5th July, 2018
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Over the period of three (3) days, June 18-20, 2018 the Honourable Attorney General, Basil Williams, S.C, M.P and members of the local Joseph Haynes Law School (JHLS) committee met with representatives of the Jamaica joint venture partners. The representatives were Professor Dennis Gayle, Executive Chancellor of the University of the Commonwealth Caribbean, UCC; Dr. David Wan, Group Finance Director, UCC; Mr. Courtney Wynter, Chairman of the Board, Law College of the Americas (LCA); and Mrs. Marcelle Donaldson, Attorney-at-Law. The visit was specifically aimed to finalize and sign the shareholders’ Agreement for the JHLS.
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The JHLS created for this purpose met with the representatives on Monday, June 18, 2018 to hammer out the final details of the Agreement. The representatives continued to meet, with the Honourable Attorney General, who represented the Government of Guyana’s interest.
The team worked relentlessly to ensure that the result was an agreement acceptable by all parties. After careful consideration and collaboration, the agreement was signed and witnessed by representatives of the parties involved. The shareholders’ Agreement together with the Feasibility Study and Related Business Plan will be submitted to the Council of Legal Education (CLE).
Combating the threats …AG warns of high money-laundering risk - The Chronicle Newspaper - 5th July, 2018
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Legal Affairs Minister Basil Williams (Samuel Maughn photo)
…urges coordinated efforts to tackle scourge
ATTORNEY General Basil Williams has warned that money-laundering risks here are high and called on all stakeholders to be proactive in countering these threats.
He said Guyana has an overall, high money-laundering risk and a medium terrorist financing threat which are realities from which the country must not shy away, but must address head-on. Williams was speaking at the time at a seminar on Guyana’s Money Laundering (ML) and Terrorist Financing (TF) Risk Assessment hosted at the Georgetown Club on Wednesday.
Prime Minister Moses Nagamootoo, who is also performing duties of President, greets a participant at the seminar (DPI photo)
In attendance were Acting President Moses Nagamootoo, Business Minister Dominic Gaskin and Public Security Minister Khemraj Ramjattan.
Others included: Director of Public Prosecutions (DPP), Shalimar Ali-Hack; National Anti-Narcotics Agency Head, Michael Atherly; Governor of the Bank of Guyana (BoG), Gobind Ganga; Chief Parliamentary Counsel, Charles Fung-a-Fat; heads of the public and private sectors and other heads of supervisory bodies.
The gathering met as Guyana is currently working to meet certain criteria set out by the Financial Action Task Force (FATF) for its Fourth Round of Mutual Evaluation process set for 2022. The Fourth Round will test both the country’s technical compliance with regard to existing laws and regulations and its effectiveness on whether it is achieving the defined set of outcomes.
In efforts to comply with these guidelines, Guyana conducted a national risk assessment exercise between February 2016 to April 2017, resulting in the creation of a National Risk Assessment (NRA) report and a Risk-based Action Plan.
A working group of 74 persons from the public and private sectors worked towards understanding, identifying and assessing the ML and TF threats in Guyana and received technical support and guidance from the Inter-America Development Bank (IDB) and the World Bank.
Members of the audience at the seminar on Guyana’s Money Laundering and Terrorist Financing Risk Assessment hosted at the Georgetown Club (Samuel Maughn photo)
The NRA examines the level of risk within sectors, such as banking, mining, insurance securities as well as government organisations such as the Guyana Police Force (GPF), the Guyana Revenue Authority (GRA) and the Financial Intelligence Unit (FIU).
Meanwhile, the Risk-based Action Plan outlines action to be taken, agencies or organisations responsible for such action and the timelines by which these actions should be addressed.
Williams, in his opening remarks, said that Guyana must remain focused and work strategically to mitigate its current high-risk rating. “The NRA determined that the overall risk of money laundering in Guyana is high. This outcome stems from the high rate assigned to the overall national threat and vulnerability which is rated medium-high…regarding terrorist financing, the threat is medium,” he reported, adding: “It is important for me to paint this realistic picture, so that we can know where we are and the amount of work that we have to do come 2022, when we will be assessed again.”
Williams said that the action plans serve as the base of the country’s Anti-Money Laundering (AML) and Countering Financing of Terrorism (CFT) strategy, which will help to assist in mitigating existing threats and vulnerabilities.
In addition, the organisations featured in the Action Plan were allowed to provide feedback on the challenges faced in meeting the stipulated timelines which Williams says is useful information for the country.
“This process will help us to be more effective and efficient as we will know where we are and what else needs to be done…following up on the risk-based action plan allows us to bridge the gap between planning and implementation, which is critical. Guyana is scheduled to be assessed in 2022 and we cannot afford to be anything but proactive,” he said.
He added that the country must be able to demonstrate that, in addition to having a legal and institutional framework, its AML/CFT system, it is effective and be able to deliver on the recommendations of FATF.
As such, he called on all stakeholders, including Cabinet ministers, to throw in their efforts towards addressing high-risk areas and ensuring Guyana improves over time. He also stressed the need for effective sharing of information and for reporting entities and Designated Non- Financial Business and Profession (DNFBPs) to be effectively supervised to safeguard compliance with AML-CFT laws and regulations.
“I wish to remind all of us that money laundering, terrorist financing and proliferation financing is a global problem that affects the stability and prosperity of every country. Therefore, let us be proactive and take the necessary steps to strengthen our AML/CFT regime,” he urged.
In November 2017, Guyana was the host of the 46th Caribbean FATF Plenary and Working Group Meeting with some 200 representatives from member countries and other international financial institutions meeting to discuss pressing issues.
When the government took office in May 2015, Guyana had been blacklisted both by CFATF and FATF; however, with leadership of President David Granger and Williams, the country made significant progress and now works towards becoming fully compliant.
New Deputy Chief Parliamentary Counsel appointed - The Chronicle Newspaper - 1st July, 2018
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Newly appointed Deputy Chief Parliamentary Counsel Joann Bond
THE Attorney General’s Chambers and Ministry of Legal Affairs have appointed Joann Bond, Deputy Chief Parliamentary Counsel. Bond will give added support to the Chief Parliamentary Counsel Charles Fung-a-Fat.
The Chambers made the announcement on Saturday, explaining that Bond’s promotion to Deputy Chief Parliamentary Counsel comes approximately eight years after she joined the Drafting Division in 2010.
In the past, she functioned as Parliamentary Counsel, Senior Parliamentary Counsel and Principal Parliamentary Counsel (ag).
In 2014, Ms. Bond was awarded the prestigious Chevening Scholarship to pursue studies in London, United Kingdom and is the holder of an LLM in Advanced Legislative Studies (with distinction) from the Institute of Advanced Legal Studies (IALS), University of London. She is also a graduate of the Hugh Wooding Law School where she obtained her Legal Education Certificate (LEC) in 2009, the University of Guyana where she received her Bachelors of Law Degree (LLB) (credit) in 2007 and Presidents College.
She is also proficient in the area of law revision having been trained by the Regional Law Revision Centre Inc. in Anguilla. Bond also completed an internship with the Organisation for the Prohibition of Chemical Weapons in The Hague, Netherlands.
In addition to her main duties of drafting primary and subsidiary legislation of varying degrees of complexity, she also gives technical support to the Anti-Money Laundering and Countering the Financing of Terrorism and Proliferation Financing Committee and the Advisory Council on the Prerogative of Mercy.
Bond is a trained Caribbean Action Task Force (CFATF) Legal Assessor and is currently engaged in the Mutual Evaluation Process of the Turks and Caicos Islands. She is also the Chairperson of the Bid Protest Committee and a member of the Commonwealth Association of Legislative Counsel.
AG participates in FATF working group plenary - The Chronicle Newspaper - 29th June, 2018
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Attorney General Basil Williams attending the FATF plenary in France
ATTORNEY General and Minister of Legal Affairs, Mr. Basil Williams, S.C., M.P. is currently participating in the Plenary and Working Group meetings for the Financial Action Task Force (FATF)-XXIX which is being held at the OECD Conference Centre in Paris, France from June 24-29, 2018.
The Financial Action Task Force (FATF) is an inter-governmental body which was established in 1989. The FATF sets standards to counter money laundering, terrorist financing and proliferation financing. The established standards are the FATF 40 Recommendations, which the FATF and FATF Style Regional Bodies (FSRBs) of which the CFATF the first one created in the Global Network; used to monitor their members level of compliance and implementation of measures against money laundering, counter terrorist financing and proliferation financing. The FATF’s decision making body is the Plenary, which meets three times per year (February, June and October).
In a release the AG chambers said the plenary reviews through discussions on mutual evaluation reports and other projects covering issues that are discussed in each of the technical Working Groups three days prior to the plenary (June 24-26, 2018).
The plenary meeting is intended to have all relevant parties present to discuss AML/CFT/PF issues so that progress is made in a consistent manner by FATF and FSRBs. The CFATF as an FSRB is therefore fully involved like other FSRBs in the work that is discussed during plenary. As the Chairman of CFATF, it is therefore important to remain visible and viable in the discussions that take place at the FATF Plenary level. There is an expectation that the issues, their outcomes and requisite follow-thorough in relevant instances will be carried forward by the Chair of each FSRB and their Secretariats.
The June 2018 plenary meeting is currently being held from Wednesday 27 to Friday 29, June 2018. Several topics will be covered that are of importance to the Caribbean Financial Action Task Force (CFATF) Region. These include:-the Counter Terrorist Financing Operational Plan; revisions to the Methodology and FinTech and RegTech issues.
Big blow to racism - The Chronicle Newspaper - 27th June, 2018
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Attorney General and members of his legal team during a recent court hearing in Guyana (Adrian Narine photo)
ATTORNEY General and Minister of Legal Affairs, Basil Williams, SC, has described as a “great victory” for Guyanese and also a big blow to racism here, the Caribbean Court of Justice’s (CCJ) ruling on Tuesday upholding the constitutional restriction of a presidential two-term limit.
Speaking with the Guyana Chronicle while enroute to Paris, France, for a Financial Action Task Force (FATF) Plenary meeting, Williams said that the 6-1 majority decision handed down by the full bench of the court could be used to ensure that future elections in Guyana are based on issues and not the colour of people’s skin or the texture of their hair. “I believe this is a serious blow to racism in Guyana.”
On Tuesday, the CCJ by a majority ruled that the amendment to the presidential term limit is constitutional, thereby overturning the decisions of the High Court and Court of Appeal earlier on the matter. The majority decision comprised separate judgments of CCJ President Sir Dennis Byron, Justice Adrian Saunders and Justice Jacob Wit, while a detailed dissent was delivered by Justice Winston Anderson.
Cedric Richardson just before the May 2015 elections had challenged the state on the constitutionality of an amendment to Article 90 of the constitution which added the further qualifications that a candidate for President of the Republic must be a Guyanese by birth or parentage, residing in Guyana on the date of nomination for election, continuously resident in the country for a period of seven years before nomination date and must not have served as President for two terms. Richardson, who was represented by Trinidadian attorney Douglas Mendes, in his arguments said that his right to choose whomsoever he wanted to be President, impliedly conferred by Articles 1 and 9, had been diluted by the alterations to Article 90 as it disqualified former President Bharrat Jagdeo who had previously served two terms as President.
As such, he applied for orders that would invalidate the amendment to the constitution on the ground that the manner and form for altering Articles 1 and 9 had not been followed. To amend these articles, the amendment had to be supported by a majority of voters in a referendum.
Then High Court Judge, Ian Chang (Ag), ruled in favour of Richardson and his judgment was affirmed by a majority of the Court of Appeal. Both courts held that the amendment, by excluding many persons as contenders for the presidency, diluted the right of the people to elect a President of their choice inherent in Articles 1 and 9 and as such a referendum was needed to make such an amendment.
Williams in appealing the Court of Appeal decision had told the full bench of the CCJ that two former top judicial officers here had erred in applying the Basic Structure Doctrine in the ‘third term case,’ even as he asserted that the term-limit act is valid. He had argued that amendments made to Article 90 are not unconstitutional.
The attorney general told the CCJ that the High Court and Court of Appeal of Guyana had applied the Basic Structure Doctrine in the case. He pointed out that the doctrine does not apply to Guyana and any other CARICOM country that has a constitution that mirrors the Westminster model. The Basic Structure Doctrine is an Indian judicial principle that the constitution has certain basic features that cannot be altered or destroyed through amendments by the Parliament. The doctrine applies only to constitutional amendments.
Confidence in CCJ
The AG said he has always placed confidence in Guyana’s final court of appeal as it is equipped with eminent judges. “That decision [CCJ decision] of course was a decision which upheld the intentions of the Guyanese people which would have been reflected in that amendment to introduce term limits in the interest of the Guyanese people,” said Williams. The attorney general who had presented arguments before the Trinidad and Tobago-based court in March, told this publication that since the introduction of the presidential term limits, there have been four national elections and one local government election, none of which saw post-election violence.
“That says a lot and in addition, we have had novel changes in governance a majority parliament with a minority government and now a one-seat difference. These changes have occurred. It is a victory for the Guyanese people,” said Williams.
Moreover, the AG believes that the decision justifies Guyana’s clamour in the past to have a final court of appeal that was other than the court of appeal of Guyana. “We welcome the CCJ and so we have to try to support the CCJ, give it sustenance,” he told the Guyana Chronicle.
The CCJ’s ruling is also seen as a reprimand to the decisions of the High Court and Court of Appeal here that had upheld that amendment to the constitution with respect to the term limit infringes on the electorate’s right to freely choose a candidate to be elected president. “I think it is a justification because you had two decisions one at the Supreme Court and Court of Appeal and the ability to pursue justice and go to the final court and be successful speaks volumes. Every Guyanese should feel that justice was done for them,” Williams stated.
Fed up of racism
The AG said citizens are fed up of racism and racial elections in Guyana, while accusing the opposition People’s Progressive Party (PPP) headed by former President Bharrat Jagdeo of trying to divide the country along racial lines. “They have practised the politics of division.
Jagdeo is doing the same thing because he felt he would be able to get back into power with the race card, notwithstanding what happened in 2011 and 2015 and so everything he was seeing race in and claiming race,” declared Williams. He reminded too that it was Jagdeo who had signed into law the presidential term limits legislation.
“It is a good victory for the Guyanese people and we could use this victory and ensure that future elections in Guyana are based on issues and not the colour of people’s skin or the texture of their hair. I believe this is a serious blow to racism in Guyana.”
Court not to enquire
During the court hearing, Williams had argued that “where legislation is passed in accordance with prescription– in terms of manner and form– the court ought not to enquire as to the propriety; the substance of that legislation.” Citing several authorities, Williams noted too that the Basic Structure Doctrine was applied in both the High Court and Court of Appeal. He said the learned chief justice (as he then was) Ian Chang and chancellor (as he then was) Carl Singh, erred when they enquired as to whether the restriction of the third term was constitutional.
The Guyanese AG rejected outright the use of the concept of Basic Structure Doctrine, noting that it does not apply to the Guyana constitution and noted that the learned chief justice and chancellor had both overstepped their boundaries. “The Act was validly passed. The only question is whether it conforms to the constrictions on Article 164 (2) (6) of the Constitution. Our submission is that it did,” he posited.
Williams then provided the court with the background to the amendments made to the constitution in 2000. He explained that the amendments were passed unanimously, as both the government at that time and the opposition agreed after consultations with civil society and other stakeholders. “The Act was assented to by the then President Bharrat Jagdeo,” asserted Williams, who noted that the amendment to Article 90 of the constitution only allows a person to be president twice.
Williams had also told the court that the “legislation came out of post-election trauma and chaos,” noting that it was by virtue of the Herdmanston Accord that there was constitutional reform resulting in the effected amendment. The Herdmanston Accord originated from CARICOM’s intervention via mediation here to ensure that the country returned to a state of peace and normalcy.
It was a result of that intervention that the pact was signed. The accord was not originally filed by the AG and his team, but leave was granted for the AG to enter into an agreement with Counsel for Richardson, Douglas Mendes, SC, to have that document submitted as it may prove vital to the judges’ understanding of what had occurred in 1997.
Well-reasoned
Back home, attorneys who worked along with Williams in the case hailed the ruling as “well-reasoned and sound.” Speaking with reporters at the Court of Appeal here, Queen’s Counsel Ralph Thorne who along with his countryman Hal Gollop, Solicitor-General Kim Kyte-Thomas and Uteika John made it clear that comfort should not be taken in the dissenting judgment in favour of Cedric Richardson, the man who questioned the constitutionality of the amendments made to the Constitution (Amendment) Act 2000.
“I won’t want the opposition to take any comfort in the dissenting decision, because implied in that dissent is a criticism of an amendment that was done by the opposition when it was in government in the first place. So there is no comfort to be taken there; as I understand it, when that amendment was made Mr Jagdeo was in government and he made the amendment, so that dissenting judgment criticised what he did then,” Thorne said.
He said the ruling is important as a law which was passed by a Parliament unanimously and that was overturned in the lower courts was upheld at the highest court in the land. “It was absolutely important that a law upon which this country was united, a law upon which the assembly was united should not be struck down purely for the purpose of individual ambitions. It is important that the CCJ has dealt with it.
It is the final stage in the appeal and this country will remain at peace,” the Barbadian attorney told reporters.
Similarly, Gollop, QC, noted that the dissenting view by Justice Winston Anderson does not capture the fact that there is already exists a system of proportional representation. Like her colleagues, the solicitor-general said her team has been vindicated.
“We have been very strong in our arguments, in the High Court, Court of Appeal and we are very happy that a well-reasoned and sound decision of the CCJ has basically upheld what we have been saying for all these years.”
