What is going on in Guyana?

Nov 24, 2016 Features / Columnists, Peeping Tom

We have a serious situation on our hands when businessmen have to take to picketing Government offices in order to have their grouses addressed. This is an indication that systems of review and oversight are not working and that businesses are forced out of desperation and frustration to take to the streets to take extreme action.

No one should have to appeal to politicians in order to have redress over the administrative actions of any public official. When members of the business community have to suffer losses because of the alleged actions of public officials, then something is wrong with the system.

When businesses claim that they have to lay off staff because of bureaucratic delays, then something is wrong. The system is simply not business-friendly.

The system needs to be fixed. This fix has to take place urgently since it will affect investment.

Guyana needs investment. Large companies look to see how small companies are operating before they make their decisions. If small companies are being frustrated, then the large companies are not going to take an interest in investing in Guyana. It is as simple as that.

Major businesses are not going to come and invest in Guyana when they read stories about local businessmen having to protest in order for their concerns to be addressed. They are going to take their business elsewhere and Guyana and Guyanese will lose.

Instead of protesting the businesses can seek legal remedies. But everyone knows that the court system is slow and tedious. It is not fair for persons to go to the courts to have their matters resolved. By the time their cases are heard, they will be bankrupt.

A few weeks ago, a businessman was complaining that he was being denied permission by the Central Housing and Planning Unit to continue construction on his building. He allegedly had permission from the Engineer’s Department of City Hall but his work was stopped by the CHPA on grounds that they were not sure whether the foundation could sustain an additional floor.

Now this is a technical issue and it is one to be settled by technical people. If there is a dispute on a technical issue, the proper course would seem to be for both sides to agree on a name of an independent consultant and for an opinion to be had from that consultant. This is basic conflict resolution prescription. If it had been followed there would have been no need for the businessman to have to vent his frustration in public.

A major company in Guyana also was forced to complain, recently, that its application for a building permit to establish some franchises were being held up because of bureaucratic delays.

The authorities have to understand that for every building plan whose approval is delayed, we are talking about a minimum of thirty persons being out of a job. If you have twenty like these, the impact can run into hundreds of jobs.

The authorities have to understand that international franchises do not have tolerance for bureaucratic delays. They are not going to be willing to deal with local companies which are facing hurdles in obtaining basic permits.

The government has to ensure that there are systems of checks and balances within the bureaucracy. The powers of bureaucrats must be of such that it cannot be abused or exercised in an arbitrary way.

Bureaucrats may feel that they have powers which cannot be overturned by higher authorities. They should not delude themselves. The Court recently held that the exercise of administrative powers must be done in a fair and transparent way. The Guyana Teachers’ Union had taken the Teaching Service Commission to court over certain appointments. The Court did not dispute that it was not the sole prerogative of the Commission to make such appointments but found that the system was flawed and therefore the appointments have to be reviewed.

The government should not force people to go to courts. It should act on complaints and ensure that a fair system exists because where there is no fairness, there will be corruption.

What is the government doing to ensure that aggrieved persons have redress and fair redress. Nothing!