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Court to consider issue of jurisdiction in parking meter case
Justice Brassington Reynolds is expected to make a determination on whether the court has
Town Clerk of the Georgetown M&CC, Royston King
jurisdiction under the new civil procedural rules to hear a legal challenge to the Georgetown Mayor and City Council, (M&CC) over the controversial Parking Meter project.
The matter filed by Mahendra Arjune came up for hearing before Justice Reynolds yesterday. However at the commencement of the hearing, Attorney-at-law, Roger Yearwood, who is representing Town Clerk, Royston King, in the matter, raised concerns on whether the court has the jurisdiction to hear the case under the new civil procedure rules.
As such, the matter was adjourned to today when the Judge will make a determination on the issue of jurisdiction.
In the meantime, attorney for the applicant, Kamal Ramcharan, requested a court order to halt all actions under the Parking Meter project until the hearing and determination of the case. However, Justice Reynolds noted that he will not make such an order until he has properly perused the file in relations to the case.
The M&CC signed the contract with Smart City Solutions (SCS) on May 13, 2016.
The contract gave the company exclusive rights to conduct paid public parking within Georgetown and includes the installation of parking meters.
But, the project has attracted a lot of controversy and public debate with members of civil society calling for the terms and conditions of the venture to be recanted. Many described the project as nothing short of burdensome to the citizens of Georgetown.
Earlier this month, Chief Justice (Ag), Yonette Cummings-Edwards granted an ‘Order Nisi,’ to quash the decision of Mayor and City Council and Town Clerk to enter into a contract with Smart City Solutions (SCS) Incorporated, unless the council can give just cause why it should be so.
The Chief Judge had specifically granted an order to quash the agreement made on May 13, 2016.
The court ruled that the amendments must be made to the establishment of parking meters in the city of Georgetown with Smart City Solution Inc., and all the things thereafter which flowed from that decision unless the defendant, Mayor and City Council of Georgetown (M&CC), shows cause against quashing the decision.
The Court also granted an order nisi to quash the decision by the M&CC to empower the Town Clerk to sign and operationalise contracts with SCS Inc., for the establishment of parking meters and all acts of things done or caused to be done or flowing from the decisions of the M&CC and the Town Clerk, unless reason is given against rescinding that decision.
The order was granted to cancel the agreement by the M&CC and anyone acting on their behalf, except persons or categories of persons paying fees for parking in the city of Georgetown and being subject to penalties of such.
The M&CC is therefore instructed to show cause why this decision should not be quashed.
Parties involved in the matter were warned that failure to comply with the order will result in them being held in contempt.
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