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Operationalisation of Local Govt Commission remains elusive
…process stymied by Jagdeo’s ‘non-adherence’ to legislation – Bulkan
Ten months after Local Government Elections were held in Guyana, the operationalisation of the Local Government Commission remains elusive despite several calls from the Opposition and some relevant stakeholders.
Minister of Communities, Ronald Bulkan
During a Press Conference yesterday, Minister of Communities, Ronald Bulkan, told media operatives that the process is being stymied due to the “non-adherence” by the Leader of the Opposition, Bharrat Jagdeo, to the requirements stipulated in the Local Government Legislation.
“Under the legislation, the (names of) persons submitted need (to) be (done) following consultations by the Leader of the Opposition with the other parties in the National Assembly. Not being aware of the fulfilment of that requirement, I sought clarification from the opposition’s Chief Whip who had written to me with the names supplied by the leader of the Opposition.
“So I made it clear in the National Assembly and by extension, the public, that in the absence of the clarification from the leader of the opposition, the process could not go forward and as of now, we have still not received any clarification from the Leader of the Opposition…So it is one of the factors that is contributory to us not being able to go forward,” Bulkan said.
The Minister added that the administration is committed to the constituting and the operationalisation of the Local Government Commission though he could not definitively say when this would be.
He was quizzed on the identities of the government nominees to which he responded: “With regards to the names, from the Government side, it is still premature for me to disclose the names being considered except to say that certain names have been advanced but we’ll have to take it step by step. The candidates have already been selected by the parliamentary process after consultation with the Local Government Organs”.
The Minister reiterated that the three persons, whom were chosen by the Leader of the Opposition, need clarification and confirmation that the provisions in the legislation were complied with.
Bulkan had stated last year that under the legislation, the PPP/C was required to consult with the “parliamentary parties” and while this was not done the government may not pursue it.
“I sought clarity and information on that process, details on what consultation took place in accordance with the legislation…” the minister said, before later pointing out that the legislation does not say other opposition parties but other parliamentary parties.
On August 16, the Minister said he received a response from Opposition Chief Whip Gail Teixeira who indicated that the section of the legislation only refers to the Leader of the Opposition consulting the opposition parliamentary parties.
“But that is actually not true. The legislation doesn’t say that,” Bulkan had stated.
The Commission is provided for in Guyana’s Constitution. Article 78 (a) reads: “Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.”
The Bill to enable the establishing of the Commission was passed in the National Assembly in August 2013 and in November that year received Presidential assent. The Commission’s functions, outlined at clause 13. (1) of the Act, says that the Commission shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff and with dispute resolution within and between local government organs, and in particular, shall monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment.
It also has the power to monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance; investigate any matter under its purview and propose remedial action to the Minister, whenever or wherever necessary; monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs and to make recommendations for any legislation or any amendments to any legislation and or policy to the Minister; and examine and propose ways of enhancing the capacity of local government organs.
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