Ministry of Legal Affairs

‘Berbice Bridge increases announcement of no legal effect’ – Basil Williams - The Chronicle Newspaper - 18th October, 2018

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Published: 18 October 2018

Attorney General Basil Williams

– said that the company breached both concession agreement and Bridge Act

 MINISTER of Legal Affairs and Attorney General Basil Williams has stated that the Berbice Bridge Company Inc. is in breach of both the Berbice River Bridge Act and the agreement that the company has signed with the Government of the Cooperative Republic of Guyana.

The BBCI on Tuesday at a press conference announced plans to increase the bridge tolls over threefold, with a view to meeting operational costs and making up for the company’s accumulated loss of over G$2.8B. The rates announced by the company are as follows: Cars: G$8,040; Pickups: G$14,600; 4WD: G$14,600; Minibuses: G$8,040; Small trucks:G$14,600; Medium trucks: G$27,720; Large trucks: G$49,600; Articulated trucks: G$116,680; Freight: G$1,680 and Boats: G$401,040. These the company said would be implemented on November 12, 2018.

However, at a press conference also on Tuesday, Minister of Public Infrastructure David Patterson said that the government would do all in its power to ensure that the increases are not implemented. He also committed to seeking legal advice on the matter.

Leader of the Opposition, Bharrat Jagdeo (Adrian Narine photo)

In an exclusive interview with this newspaper on Wednesday evening, Williams said that the company has arbitrarily announced increases in tolls for all classes of vehicles without going through what is required under the agreement and the Act governing the bridge, which commenced operation in 2009.

“This unilateral announcement by the Berbice Bridge Company Inc. is really in breach of the concession agreement,which requires any announcement to be consensual; secondly, it is in breach of Section 4.1 subsection 2 of the Berbice River Bridge Act, which gives the company the ability to specify the toll increases after consultation with the minister,” he said. “There of course was no consultation with the minister on increases of any toll,” said Williams.

According to the attorney general, the company must know that the power it has under Section 4.1 subsection 2 of the Act must be read subject to Section 4.1 (d) (III), which empowers the minister to determine the maximum amount of toll. “Only the minister could publish in the Gazette, the tolls. That announcement that (BBCI) made is of no legal effect,” said Williams.

He stressed that other than the amount that has been approved and gazetted, no other increases can be accepted without the minister’s approval.
“Therefore, the increases announced have been rejected by the government. The minister has made this rejection verbally and will be writing the company to formally reject the increases,” he said.

This rejection, he said, will formally give rise to a dispute which will then trigger a dispute-resolution mechanism as outlined by the agreement. The parties are mandatorily required to, in good faith, enter into negotiations for at least 45 days to resolve this dispute before they could proceed to the other option under the clause that is to enter into arbitration, or go to the courts,” he said.

He said that both sides will be bound to be guided by the elaborate dispute resolution mechanisms as envisaged by the concession agreement.

Public Infrastructure Minister David Patterson

Noting that the Minister of Public Infrastructure has to act in the interest of the people of the country, he said that the government has been consistent in ensuring that the interest of the people come first. He pointed to the subsidy that the government granted the company to alleviate some of the burdens on the persons using the bridge. “When we came into office, the amount of the toll was $2,200 and the subsidy that we gave reduced the toll to $1,900 for certain categories of vehicles and other categories were reduced by 10 percent. So we have always had the interest of the people of Guyana at heart,” he said.
Pointing to the timing of the announcement and the proposed date of implementation, the minister said that it reeks of cheap political manoeuvring with Local Government Elections scheduled to be held on November 12, 2018.

Meanwhile, Former President Bharrat Jagdeo, under whose government the Berbice River Bridge was constructed, said by not issuing a Toll Order, the government can easily block the proposed toll increases – contending that there was no need for legal advice, but Public Infrastructure Minister said it is simply not that simple.

During a press conference at his Church Street Office on Wednesday, Jagdeo, who is now leader of the opposition, while condemning the Berbice Bridge Company Incorporated’s (BBCI’s) proposed 420 per cent toll increase, said under the Berbice River Bridge Act of 2006, the government could block the increases.

He explained that provision is made under Part III of the Berbice River Bridge Act for the Public Infrastructure Minister to issue a Toll Order to give effect to new tolls, and by refusing to sign that order, the minister, in this case David Patterson, can prevent the proposed increases.

Jagdeo pointed out that in 2008, the then Minister of Public Works, Transport and Hydraulics, Robeson Benn signed a Toll Order specifying the rates to be effected.
But Minister Patterson on Wednesday told the Guyana Chronicle that Part III of the Berbice River Bridge Act of 2006, which was crafted by the People’s Progressive Party/Civic (PPP/C) Government is ambiguous, and the A Partnership for National Unity + Alliance For Change (APNU+AFC) government is seeking legal advice on the way forward, in keeping with its initial plan.

Residents especially of Berbice have expressed concern and fears over what the planned implementation of the increased rates would mean for their businesses and livelihoods.

Lethem is jewel of the south - The Chronicle Newspaper - 17th October, 2018

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Published: 18 October 2018

                                 Minister of Legal Affairs Basil Williams making opening remarks on Sunday

 – says Attorney General at the opening of Town Week

THE town of Lethem is being prepared for economic and social modernisation and transformation, said Minister of Legal Affairs, Basil Williams during the opening ceremony of Lethem Town Week on Sunday.

Scores of residents and representatives from the Upper Takutu- Upper Essequibo and Rupununi Regions turned out to the second hosting of the week-long event featuring a list of exciting activities.

Minister Williams reinforced that the town, known as the jewel of Guyana’s south, has become an emerging frontier of economic development, primarily in the areas of agriculture, eco-tourism, trade and communication.

He stated that through the town week activities, the region, which occupies more than a quarter of the country’s landmass has the opportunity to showcase its progress and uniqueness as it prepares for even greater transformation.

Williams told the gathering that with a growing demand for food in the world, coupled with the adverse effects of climate change, the Rupununi savannahs can serve as Guyana’s next major agricultural frontier.

With Lethem being the capital of the Rupununi, he added that it has the potential market to supply food and other items from Guyana to neighbouring regions in both South America and the Caribbean.

“Lethem is a gateway to Brazil and through Brazil to the markets of South America. It also is a gateway for the countries of the continent to the markets in the Caribbean and Central America, North America and Europe. We see Lethem as eventually being transformed into a major trading port, moving goods and tourists between Guyana and Brazil,” Williams said.

As such, the government has commenced preparing Lethem for such, a task through initiatives such as the road link between Linden and Lethem; the Guyana-Brazil road and the Silk Road Economic Belt and the 21st-Century Maritime Silk Road Initiative.

“Your government is developing Lethem’s and the region’s infrastructure, strengthening its administration, catalysing its agricultural, business and industrial potential and improving its public services,” Williams said.

He added: “The proposed all-weather road between Linden and Lethem will further integrate the economies of Guyana and Brazil and through Brazil, the rest of South America. The road will unlock economic opportunities for Lethem, this region and its communities. The road, also, will connect Lethem to Georgetown and will spur increased investments and development throughout this region.”

Members of the audience at the opening of Lethem Town Week

AERODROME

Other efforts of the government to improve the economic transformation of the region include improvement in infrastructure through which a feasibility study has been launched for the Lethem aerodrome to be developed into a regional airport.

In addition, road works are ongoing within Lethem and drains have been built; its dumpsite is being upgraded for improved solid waste management; the Lethem Police Station is slated for renovation and considerations are being made for advancements in renewable energy sources.

Also, a new Magistrate’s Court was established in the town this year; Radio Lethem was launched in May 2016; Information Communications Technology (ICT) services are being extended and additional street lights have been installed.

Regarding regional and municipal administrations, an ambulance was provided to the town’s regional administration; a vehicle for the municipality while works are to be completed on the administrative building; staff-quarters and kitchen and laundry of the Lethem Regional Hospital.

Meanwhile, agriculture in the region is being accelerated as Williams stated that investors are being courted to establish mega farms in the savannahs while an agricultural centre and reservoir are soon to be established.

Other plans in the pipeline include the establishment of a passport office in the town; the completion of the Lethem Industrial Estate; the development of a business registration centre and installation of lights within some sport grounds.

“Lethem Town Week is an opportunity to gauge the progress which is being made in Lethem. It is an occasion to highlight this new town’s development. It is an opportunity to attract greater investment into this town. With the support of your government, the people of Lethem can be assured that better days lie ahead.”

“I applaud the efforts of all those who have contributed to the hosting of the various activities for Lethem Town Week. It gives me great pleasure to formally declare open Lethem Town Week 2018,” Williams said.

Remarks also came too from Mayor of Lethem, Kerry Jarvis
The Town Week will run from October14-20 and features activities in the areas of culture, the environment, education, sports and entertainment, in keeping with this year’s theme: ‘Celebrating Transformation, Diversity and Uniqueness in 2018’.

Gov’t to remove jail time for criminal defamation - The Chronicle Newspaper - 10th October, 2018

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Published: 11 October 2018

Attorney General Basil Williams and officials of his ministry pose with Consultant Mr. Peter Pursglove S.C, (second from left), who is contracted under the Support of Criminal Justice System Programme (SCJS) to review the existing legislation and propose recommendations for amendments to the Act.

THE government is moving to remove custodial sentences for non-violent minor offences including attempt to commit suicide and criminal defamation by amending the Summary Jurisdiction (Offences) Act, Cap. 8.02.

The Legal Affairs Ministry made the announcement on Monday, hours after the Attorney General and Legal Affairs Minister, Basil Williams and his team met with Peter Pursglove S.C, a consultant contracted under the Support for the Criminal Justice System Programme (SCJS).

Pursglove will be reviewing the existing legislation, and propose recommendations of amendments for the Summary Jurisdiction (Offences) Act, Cap. 8.02. “It is envisaged that these proposed amendments will include the decriminalisation of some current offences and the recommendation of alternatives to imprisonment in respect of certain summary offences, particularly those of a minor and non-violent nature. These objectives will be achieved through both amendments to existing legislation and the drafting of entirely new legislation,” the Legal Affairs Ministry explained.

During the meeting, it was agreed that the criminal law of Guyana contains several categories of offences that, in other jurisdictions, have now been decriminalised. In Guyana, these offences carry a sentence of imprisonment if found guilty. In citing examples, the Legal Affairs Ministry pointed to offences concerning roguery and vagabondage, vagrancy, obeah and witchcraft, incorrigible roguery, attempt to commit suicide and criminal defamation that are now decriminalised, in whole or in part, in many jurisdictions thus reducing rates of imprisonment.

“In such cases, decriminalising the behaviour and dealing with it outside the criminal law has not resulted in any negative impact on public safety. Other offences may no longer warrant the imposition of a sentence of imprisonment and may now be dealt with by way of fine or other non-custodial sanctions,” the ministry said.

The Attorney General, in a brief comment, said a prison sentence is usually an inappropriate sanction, especially for non-violent minor offences. In other jurisdictions, various alternatives have been implemented such as bail, seizure of travel documents, periodic reporting to police or other authorities, electronic monitoring or curfews, and conditional and suspended sentences. These activities are intended the impact the criminal justice system by increasing the use of alternative sentencing in the system.

Criminal defamation
Media organisations have been lobbying Guyana and other jurisdictions to abolish criminal defamation for some time now. The International Press Institute has said that criminal libel law was born in an Elizabethan England courtroom as a means for silencing critique of the privileged class. The body said a law of such antiquated ethos, has little place in modern society where the press plays a pivotal role in shaping public discourse. The IPI had been actively campaigning for the governments of the Caribbean to redress their current criminal libel laws. At present, the law is vague and open to indiscriminate and inconsistent implementation, largely wielded to quell dissent and stifle government criticism, IPI had said.
While infrequently used in the Caribbean, criminal libel statutes remain, an unnecessary resource at the disposal of any offended official, IPI said, adding that the mere threat of prosecution chills investigation and free speech, sustains corruption, unnecessarily protects public officials, and denies one of the most basic of human rights, freedom of expression. “Criminal libel is one of the most pernicious media constraints in contemporary society. Implemented at the will of any insulted public official, it frequently leaves no recourse for the defendant. In most countries, truth is not a valid defence, leaving defence a vexing proposition.”

Attempt to commit suicide
In Guyana, the PAN AMERICAN Health Organisation/World Health Organisation (PAHO/WHO) has long called for the decriminalisation of attempt to commit suicide. PAHO/WHO representatives here have underscored the need for legislative changes to be made to the Criminal Law Offences Act Cap.8:01, the Summary Jurisdiction Offences Act Cap. 8:02 and the Pesticides and Toxic Chemicals Control Act Cap, 68:09. Reference was also made to the Customs Act, the Food and Drugs Act and the Mental Hospital Ordinance Cap. 140.

Section 95 of the Criminal Law Offences Act Cap. 8:01, the PAHO/WHO representatives believe, would only fuel more suicides. According to that section, “everyone who aids or abets any person in the commission of suicide shall be guilty of felony and liable to imprisonment for life”.

Under Section 96 of the Act, anyone who attempts to commit suicide shall be guilty of a misdemeanour and liable to imprisonment for two years.

Press Statement 3rd September 2018

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Published: 04 September 2018

PRESS STATEMENT

                                                                                      September 03, 2018

THE COUNCIL OF LEGAL EDUCATION AND EXECUTIVE COUNCIL MEETINGS

Guyana is set to host the Executive Council (EXCO) and Council of Legal Education (CLE) meetings from September 06 - 08, 2018 at the Guyana Marriott Hotel. Guyana had hosted the CLE in the years 1975, 1981, 1987 and 1994. The CLE has now once again, come home to Guyana at an important time in our country’s economic and social development.

Guyana has played a pivotal role in the formation of the CLE in 1971 and is party to the Agreement Establishing the CLE together with CARICOM Member States Barbados, Dominica, Grenada, Jamaica, Trinidad and Tobago, University of the West Indies and the University of Guyana.

The Attorney General and Minister of Legal Affairs (AG), Mr. Basil Williams, SC., MP, during the meeting of CLE last year in Trinidad and Tobago suggested that Guyana host the EXCO and CLE meetings. These meetings will see the attendance of the Heads of the Judiciaries, Attorneys-General, and Heads of Bar Associations of Caricom Countries. The Principals of the Hugh Wooding, Norman Manley, and Eugene Dupuch Law Schools will also be in attandance. The meetings will be chaired by Mr. Reginald Armour SC, The Chairman of the CLE.

Preparations are well underway for both meetings. Guyana’s team will comprise of the Chancellor of the Judiciary (ag.), Madame Justice Yonette Cummings-Edwards, Attorney General and Minister of Legal Affairs (AG), Mr. Basil Williams, SC., MP, Head of the Bar Association Mr. Kamal Ramkarran and Mr. Robin Stoby SC.

During the evening of September 6, 2018 at 19:00 hours, the Dr. the Honourable Lloyd Barnett OJ Lecture Series will be conducted and the Honourable Justice Duke Pollard former Judge of the Caribbean Court of Justice (CCJ) is scheduled to deliver the lecture.  

On September 07, 2018, the opening ceremony will be held at 8:30 hours at the Marriot where His Excellency President David Arthur Granger will deliver the feature address. The Chancellor of the Judiciary (ag), Madame Justice Yonette Cummings-Edwards is also expected to give remarks and the Honorable Attorney General and Minister of Legal Affairs, Mr. Basil Williams, SC., MP, will deliver welcome remarks. This will be followed by the Meeting of the Council of Legal Education at 9:30 hours. 

AG Williams as host and Head of the Guyana Bar will entertain participants and guests at a cultural reception at the Umana Yana at 19:30 hours to close the day’s events.

Participants have confirmed attendance at the meetings, where a number of matters pertinent to the Legal system in Guyana and the region are expected to be discussed including the establishment of the Joseph Haynes Law School.

The February 2018 Final Report on Survey of Legal Education in Caricom Member States commissioned by Caricom Heads of Government, conducted by IMPACT Justice and funded by the Government of Canada  will also be on the agenda for discussions.

By virtue of Article  1 Paragraph 3 (b) of the Agreement establishing  the CLE, it is inter alia empowered  to establish, equip and maintain Law Schools, one in Jamaica, one in Trinidad and Tobago and in  such other territories  as the Council may from time to time determine, for the purpose of providing postgraduate professional legal training.

CARIBBEAN FINANCIAL ACTION TASK FORCE (CFATF) STEERING GROUP AND X COUNCIL OF MINISTERS MEETING

The Hon. Mr Basil Williams S.C. M.P Attorney General and Minister of Legal Affairs, Chairman of the Caribbean Financial Action Task Force (CFATF) and Ms. Tamika Barkoye the Deputy Permanent Secretary of the Ministry of Legal Affairs, Chairman of the Planning Level Committee of CFATF will be attending the Steering Group and X Council Of Ministers Meeting, which will be held in Miami Florida, September 11-12 2018.

Pursuant to Section VIII of the Memorandum of Understanding Among Member Governments of The Caribbean Financial Action Task Force (CFATF MOU), the Council is the “supreme authority within the CFATF and consists of one ministerial representative or duly authorised alternate proposed in writing from each Member.”  Section 20 of the CFATF MOU requires the Council to meet once annually. The functions of the Council include approval of the work programme, the budget for the following year and discussion and or approval as relevant on policy; financial and other strategic matters.

Prior to the Council of Ministers meeting (September 11, 2018) will be the second CFATF face-to-face Steering Group meeting. This meeting is also chaired by the Honourable Attorney General Basil Williams, SC, MP.

Gov’t seeks stay, early hearing of appeal - The Chronicle Newspaper - 9th August, 2018

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Published: 09 August 2018

Attorney-General, Basil Williams, SC

…against court order to activate Judicial Review Act

GOVERNMENThas filed a motion seeking an early start to its appeal against a High Court ruling ordering Attorney General Basil Williams to bring into operation the Judicial Review Act, which was assented to by the then President Bharrat Jagdeo back in November 2010, but never enforced.

Williams from the onset has argued that the decision of the court raises serious issues of judicial interference with the powers of the executive, noting that the court has attempted to govern from the bench and to usurp the power which was explicitly vested in the Minister of Legal Affairs in breach of the doctrine of the separation of powers.

The state had also asked for a stay of execution of the High Court’s decision, which was made by Chief Justice (ag), Roxane George-Wiltshire. A hearing and possible decision on this request comes up this morning. Williams has argued that the matter is of urgent concern, as the state and the judiciary are likely to have serious issues as to how to treat with claims that have been brought under the Judicial Review Act prior to the appeal being heard.

He alluded to a similar case in the matter of Mohabir Anil Nandlall —v- The Minister of Legal Affairs et al, where Justice Nareshwar Harnanan on the 19th April, 2017, made a decision, inter alia, after hearing application for judicial review on Fixed Date Application in which the Honourable Justice Brassington Reynolds granted an order nisi of mandamus compelling the Minister of Legal Affairs to appoint the members of the Deeds and Commercial Registries Authority. He said this matter also dealt with judicial interference with the executive powers and the Minister of Legal Affairs caused a Notice of Appeal to be filed and same has not been heard to date, though the authority was approved by the Cabinet and appointed by the Minister of Legal Affairs.

Meanwhile, in its motion seeking an early hearing of the appeal , the AG’s Chambers called on the Court of Appeal to fix an early date for the hearing and determination of the Notice of Appeal filed herein on the 13th day of June, 2018. Additionally, the AG wants the court to permit and authorise the Applicant/ Appellant to prepare and settle the Record of Appeal forthwith and that the court dispenses with all other formalities and procedural requirements and order an early date for the appellant’s submissions and the respondent’s submissions in order to facilitate an early hearing.

The Notice of Motion was issued by Ms. Kim Kyte-Thomas, solicitor-general and Ms. Deborah Kumar, deputy solicitor-general and the affidavit in support was sworn to by Collene Liverpool – an attorney within the AG’s Chambers.

Liverpool in her affidavit contended that the chief justice committed an illegality when by her ruling she purported to dictate to the Minister of Legal Affairs her own timelines to bring the Judicial Review Act into force in contravention of the doctrine of Separation of Powers and as such, exercised his discretion. Liverpool added that the chief justice also by her actions usurped the discretion vested in the Minister of Legal Affairs, by the legislature to bring into force a legislation, which had no time line and which was clearly within his purview to so do and that she committed a specific illegality when she failed to apply the overriding objective of the New Civil Procedure Rules to deal with cases in the interest of the parties justly. “…the chief justice committed a specific illegality when she ruled that applicant/appellant had breached a duty by not bringing the Judicial Review Act into force. That the Honourable Chief Justice erred and misdirected herself in law when she found that the Applicant/Appellant did not have discretion in the commencement date of Judicial Review, after the Civil Procedure Rules came into force.

Additionally, Liverpool contended that the chief justice erred and misdirected herself in law when she found that the specific discretion granted to the Minister of Legal Affairs by the legislature had been converted into an obligatory duty to bring the Act into force after/when the Civil Procedure Rules came into force. She said the findings by the chief justice are unsupported by any legal basis and that the learned justice erred and misdirected herself in law, when she issued a mandatory order to command the AG to act within a specified time, when the legislature did not fix a time limit and where there had not been a refusal by the Applicant/Appellant to carry out a statutory duty.

The chief justice’s ruling had followed an application to the court last year by Former Attorney-General and Minister of Legal Affairs, Anil Nandlall, calling for Williams to be mandated to bring into force the Judicial Review Act. Nandlall had acknowledged the said Act was not brought into operation by him when he served as Legal Affairs Minister. He said it was because there were no complementary procedural rules of the court to accompany the said Act, as the Rules of the High Court 1955 made no provisions for judicial review.

Nandlall said that at that time, new Civil Procedure Rules were in draft form and these rules laid out the legal procedure in respect of how the court can be approached to access the remedies provided for in the Judicial Review Act. However, he said on February 5, 2017, a Practice Direction dated January 23, 2017 and published on February 4, 2017 in the Official Gazette by the Honourable Chancellor (ag.) Mr. Justice Carl Singh, directed that the Civil Procedure Rules 2016 shall take effect from February 6, 2017; the said Practice Direction also provided that the Civil Procedure Rules 2016 shall govern the practice and procedure of all civil proceedings filed in the High Court of the Supreme Court of Judicature after February 6, 2017.