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Court refuses application to halt parking meter project
Justice Brassington Reynolds yesterday refused an application to grant an order which will temporarily halt the implementation of terms of the contract signed between Smart City Solutions (SCS) and the Mayor and City Council of
Justice Brassington Reynolds
Georgetown (M&CC).
The Judge overruled the application which was based on a request by Attorney -at- law, Kamal Ramkarran. Ramkarran is representing Mohendra Arjune in a matter which was brought against the Council last month, challenging the terms and conditions of the parking meter project.
The contract between the M&CC and Smart City Solutions (SCS) was signed on May 13, 2016. It gave the company exclusive rights to conduct paid public parking within Georgetown and includes the rights to installation of parking meters.
The project has since attracted widespread 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. “
A number of legal proceedings were consequently filed against the M&CC as it relates to the implementation of parking meters.
One such action was filed by Arjune. Through his Attorney -at- law, Arjune had been granted an “Order Nisi” by the Court to quash the decision of the M&CC to enter into a contract with Smart City Solutions (SCS) Incorporated, unless the council could give just cause why it should be so.
The Order Nisi was granted by Chief Justice (ag), Yonette Cummings-Edwards. However the matter is continuing before Justice Reynolds at the High Court in Georgetown.
At the initial hearing before Justice Reynolds, attorney Ramkarran had requested that a temporary order be granted to stop the SCS from charging fees for parking in areas of the city, booting vehicles or implementing any other terms of the contract it entered with the municipality until the hearing and determination of the case.
The Judge made the ruling yesterday based on that application by Ramkarran.
In his ruling, Justice Reynolds explained that at this juncture of the proceedings, the Court will not grant such Orders, based on the fact that the initial Order granted only allows for the Court to grant a stay of execution as it relates to legal proceedings in Tribunal, Summary Courts and other such forums.
The Orders granted (orders of Prohibition and Certiorari) the Judge said, do not relate to Executive Powers, as is exercised by the M&CC.
In light of the ruling, Ramkarran requested that the substantive matter before the Court, be dealt with expeditiously. The matter has been adjourned to March 20, for the arguments on the substantive issue.
The same date was given for the continuation of the matter between the New Building Society and M&CC.
The financial institution had filed similar proceedings against the Council. With regards to that action, Attorney Stephen Fraser had made an application to have SCS joined as a party in the action. Yesterday, attorney for NBS, Pauline Chase raised objections with respect to the application by Fraser. Chase is expected to file an affidavit in response to Fraser’s application by March 20.
Justice Reynolds had earlier ruled that the Court has the jurisdiction to hear the legal challenge brought against the council and essentially review the terms and conditions of the parking meter contract. The issue of the court‘s jurisdiction was raised by attorney for the M&CC, Roger Yearwood.
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