Red House lease invalid, President can revoke it – Attorney General

Dec 29, 2016 News

---

Four years after the historical Red House was leased to the Cheddi Jagan Research Centre Incorporated (CJRCI), the Attorney General and Minister of Legal Affairs, Basil Williams, is contending that the arrangement is invalid and the President of Guyana, David Granger, can revoke it.

Over the past few years, the issue with regards to the lease, had garnered much attention and further scrutiny after the People’s Progressive Party/Civic (PPP/C) – the former regime – was accused of ‘hijacking’ the property located on High Street, Kingston, to house information on one of its founding fathers and former President, Cheddi Jagan. The building has since been renamed the Cheddi Jagan Research Centre.

The PPP/C administration during its tenure had spent tens of millions of dollars to renovate the building which remained state property until 2012. During that year, the land and the building were leased by the PPP government to the company.

The lease agreement has a duration of 99 years at a cost of only $1000 monthly.
This will add up to $12,000 per year and $1,188,000 over the 99-year period. This will not be even a quarter of what was spent to build, renovate and maintain the building over the years.

The A Partnership for National Unity + Alliance for Change (APNU+AFC) coalition after its ascension to office back in May 2015 had subsequently entered into negotiations with the PPP/C pushing its own agenda to have the centre house information on all the Presidents of Guyana as opposed to only Cheddi Jagan.

The Red House comprises Lots 65, 66, and 67 and is held by Transport No. 915/1925 in the name of “The Colony of British Guiana,” and the lands called Colony lands with the new owner listed as the “the Government of Guyana” and the lands are “Government Lands.”

The Attorney General revealed yesterday that the status of being transported Government lands has not changed, as is reflected in the Register at the Deeds Registry – with the last entry being September 1, 1925.

He stated that on the March 21, 2000, the CJRCI was incorporated as “a not for profit company”. The AG pointed out that it was during that same year also, that the lease between the Government of Guyana and the National Trust as Lessors and CJRCI as Lessees was drawn up, but not executed.

Some six years later, the then PPP General Secretary, Donald Ramotar, on behalf of the CJRCI made application to the Commissioner of Lands and Surveys (CL&S) for a lease of Red House lands, and a file was opened in the Guyana Lands & Surveys Commission (GL&SC), the AG stated.

Four years later, a resubmission of the Application was made to the then Office of the President.

On January 11, 2011 this resubmission was also not approved, as there is no evidence of any signature of the President on the purported Schedule. On the 30th March 2012, a lease entered by Doorga Persaud on behalf of the Government of Guyana and former Speaker of the House, Ralph Ramkarran, on behalf of the CJRCI, was issued under Section 10 of the Lands Department Act, Chapter 59:01

Under the lease the Government purportedly leased to the CJRCI, the company was to hold the premises for Educational & Research purposes for a term of 99 years commencing from the 1st day of January, 2012.

The Attorney General stated that it was also provided that the Government of Guyana could revise the annual rent payable, at the end of each, and every three years.

Lease is void

The AG stated that Section 10 (1) of the Lands Department Act chapter 59:01 Laws of Guyana states that Government Lands shall only be rented or sold with the sanction of the President and on the terms and conditions determined by him; meaning that the President must approve the Lease.

“It is submitted that upon a proper perusal of file#413112/11 there is no formal evidence of sanction or approval by the President of the Day and the lease is invalid,” the AG stated.

The AG said that the Red House is established in the National Trust of Guyana Monuments Register (updated October 2016) as a Public Building/National Monument /Heritage Site.

The National Trust is a body Corporate established under the National Trust Act Chapter 20:03 Laws of Guyana which is an “Act to make provision for the preservation of monuments, sites, places and objects of historic interest or national importance while Section 3 (1) of the said Act, stipulates that “The National Trust shall not transfer, mortgage, lease, charge or dispose of any land without the approval of the Minister.”

“It is submitted that there is no evidence of a formal approval by the Minister/President to lease the “Red House” a Public Building/National Monument/Heritage site to the CJRCI. The unsigned draft lease agreement of 2000 suggests a disinclination on the part of the Minister/President to approve such a transaction,” the Minister stated.

Conclusion

The Attorney General stated that in conclusion, all parties knew that Red House at all material times was a heritage site, both building and lands, under the National Trust Act Chapter 20:03.The Lessors in 2000, refused to sign a purported lease between the Government of Guyana the National Trust as Lessors and the CJRCI as the Lessee.

After application was made by Donald Ramotar on behalf of the CJRCI in May 2006 and file #413112/11 opened, no approval was granted by any President of the day.

“On 30th day of March 2012 the Red House lease was purportedly executed by the CL&S and Mr. Ralph Ramkarran S.C. for the lessees. Again there was no formal approval by the President of the Day, nor the National Trust, rendering the lease invalid, and a nullity in law. The President can properly revoke it,” the AG concluded.

---

---