Latest update November 24th, 2024 1:00 AM

Guyana's largest selling daily and New York's most popular weekly

Latest News

PNC/R vows to challenge Prescription and Limitation bill

Mar 13, 2011 News

On Thursday, despite objections by all Opposition members of Parliament, the PPP passed the Title to Land (Prescription and Limitation) (Amendment) Bill 2011. According to PNC/R Member of Parliament Amna Ally, only the day before the Bill was passed that the Leader of the Opposition had written to both the Prime Minister and the Attorney General requesting that the second reading of the Bill be deferred for a period of at least two weeks.
Ally said that Members of Parliament were only privy to the intention of the Government one week ago, when the Bill was circulated and read for the first time at the Sitting of the National Assembly on March 3, last.
Ally said that her Party was neither briefed by the Government, nor is it aware of the reason for this Bill being treated with such urgency by the PPP.
“The far reaching effects of the proposed amendments, particularly, as it affects the rights of our citizens motivated the PNCR to engage in consultations with stakeholders”.
Ally said these consultations could not be concluded by March 10, hence the letters from the Leader of the Opposition.
She noted that in the PPP usual style of only lip-service to consultation, the Prime Minister in a one-sentence response stated that the PPP could not entertain the request.
“It is now evident that one of the motivations of this Bill was to deprive citizens, who may have acquired rights from obtaining Title of Ownership of those State lands”. Ally went on to explain that under the present Law, undisturbed occupation of State lands for thirty years would have entitled citizens to apply for prescriptive Title of the said State lands.
With the new law, Ally said this right has now been arbitrarily removed.
“No provision has been made in the Law to deal with those persons who may have already accumulated that right after completing more than thirty years of undisturbed occupation. Consequently, it is questionable whether those persons’ constitutional right under Article 142 has not been infringed”.
Ally stated that Article 142 guarantees that “no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that taking of possession or acquisition is made by a written law requiring the prompt payment of adequate compensation”
“Both the PNCR Speakers on this Bill, Ms. Deborah Backer and Ms. Clarissa Riehl, illustrated the grave implications and negative consequences of this Bill in the Parliament.”
Ally recalled that in Parliament on Thursday, Ms. Backer noted that the present “oppressive” amendment increases the already weighted power of the Government. The State and any other citizen could prescribe against private land after only 12 years undisturbed occupation but the citizen could no longer prescribe against the State even after thirty years.
Ally added that the constitutionality of this Bill is certain to be challenged and is certainly destined for the Caribbean Court of Justice (CCJ).

Similar Articles

The Glenn Lall Show | November, 20th, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

West Indies ride on Greaves’ 115 to exert dominance over Bangladesh

West Indies ride on Greaves’ 115 to exert dominance over...

Nov 24, 2024

ESPNcricinfo – A maiden Test century for Justin Greaves headlined a dominant day for West Indies against Bangladesh on day two of the Antigua Test. After his 115 helped West Indies post 450 for...
Read More
Marian, Potaro, Waramuri and St John the Baptist advance into the semis

Marian, Potaro, Waramuri and St John the Baptist...

Nov 24, 2024

Adams, Ghani smash hundreds in runs-filled ERC T10 Tapeball 

Adams, Ghani smash hundreds in runs-filled ERC...

Nov 24, 2024

RHTYSC honours top LCSS Student with Claudette Foster Memorial Award

RHTYSC honours top LCSS Student with Claudette...

Nov 24, 2024

IBA President congratulates Steve Ninvalle on his re-election as GBA head

IBA President congratulates Steve Ninvalle on his...

Nov 24, 2024

Fireworks expected in Mayoral Cycle Road Race in New Amsterdam today as Mayor expected to lead ride off

Fireworks expected in Mayoral Cycle Road Race in...

Nov 24, 2024

Features/Columnists

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]