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Finance Minister threatened with Contempt proceedings

Jun 08, 2017 News

In a matter filed against Central Housing and Planning Authority, (CH&PA), Former Chief Justice (Ag) Yonette Cummings-Edwards had awarded the sum of $200,000, to be paid to Linda Persaud for violation of her fundamental rights and freedoms as guaranteed by Article 142 of the Constitution of Guyana, along with costs for those proceedings in the sum of $75,000.
The Central Housing and Planning Authority attempted to confiscate Persaud’s property, a core home, located at Lot 3608 Block 8, Plantation Tuschen.
However, despite the order by Justice Yonette Cummings-Edwards requesting payment of the sums, there was no payment.
As a result, Attorney-at-law, Anil Nandlall, for the Applicant wrote to the Registrar of the Supreme Court requesting transmission to the Minister of Finance a copy of the High Court Order granted by Justice Yonette Cummings-Edwards and request from the said Minister, the money due owing and payable under the said Order pursuant to Section 14 of the State Liabilities and Proceedings Act Cap 6:05.
The letter further requested the Registrar to convey to the Minister of Finance that if the monies are not paid within 21 days then proceedings would be filed compelling the Minister to obey the said Section of the State Liabilities and Proceedings Act.
According to information received by Kaieteur News the letter was sent by the Registrar of the Supreme Court to the Minister of Finance on January 24, 2017.
In that letter the Registrar called upon the Minister to pay the sums of money awarded in the judgment by a warrant under his hand, in accordance with Section 14 of the State Liabilities Act.
Still there was no payment made by the Minister of Finance.
On May, 10 last, Persaud again through her Attorney filed an application to the High Court for an Order Nisi of Mandamus, compelling the Minister of Finance to direct the sum of $275,000, to be paid forthwith, awarded to her as damages for breach of fundamental rights as guaranteed to her by Article 142 of the Constitution of Guyana.
The Minister was ordered to show cause why the order should not be made absolute.
This Application was heard by Acting Chief Justice George and the said Order was granted on May 19, last and adjourned to the June 6, 2017.
On that date no one appeared for the Minister of Finance and the Order Nisi of Mandamus was made absolute. The sum of $100,000 in cost was awarded.
Kaieteur News was informed that the Order will now have to be served on the Minister of Finance and if not obeyed then proceedings will be filed against the Minister of Finance seeking to commit him to prison for contempt of Court.

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