The rule of law is not functioning properly in Guyana

Aug 29, 2017 Letters

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Dear Editor,
Last year a woman who, according to reports, is a first-generation immigrant from Guyana, challenged the British Government about the legal validity of its intention to proceed with withdrawing from the European Union (Brexit) without putting it to a vote in Parliament. The matter went all the way to the High Court in January this year and it was ruled that she, Gina Miller, was right: Brexit had to be approved by Parliament.
In March, it was ratified when the Lords voted in favour. Here was a perfect example of that which is the foundation of a democratic system: Rule of law, under which everyone can expect to be treated fairly and even the Government is prevented from ignoring it to force through its programme.
The people of Guyana deserve the same robust adherence to the rule of law by everyone, including the various departments that are delegated the tasks of implementing programmes of the Government of the Republic. As a son of Guyana, I have longed for the authorities to embrace the rule of law and encompass that which will present a just and therefore better future for its citizens. Sadly, my experience in seeking information from Guyana Land & Surveys Commission leaves me feeling that I have encountered a system of ‘Rule by Law’.
Future generations are unlikely to think fondly of most of the past 51 years, where those who chose to abuse the authority entrusted in them applied rule by law and treated the masses as subjects to be used and abused. As I understand it, ‘Rule of Law’ is enshrined in the Constitution of the Republic of Guyana and in my humble opinion, the distinction between the two rules is simplified thus:
1. Rule of Law – The behaviour of all, including those who rule, is expected to be bound within legal standards. It implies impartiality and its application is predictable.
2. Rule by Law – The use of the law to rule. This allows anyone in authority to believe themselves to be acting within the law of the land to delay, ignore or reject perfectly legitimate claims. This, of course, goes hand in hand with corruption. An example would be the laws of Hitler’s Germany, which were neither fair nor predictable.
Having read the letter by Colin Conway, Retired Assistant Commissioner of Police – KN: 26th May 2017 – I realise that the situation I find myself in is as frustrating as that in which he and his friend are/were involved. Both cases demonstrate that an individual with authority in Guyana can delay or ignore responding to a request for that which the applicant is entitled to, thereby forcing him/her to incur unnecessary costs. Nonetheless, it is my belief that the current administration is best placed to put an end to that which will only prevent citizens of Guyana from realising their true potential.
I left Guyana in1965, as a 15 year old, to reside with my parents and sister, June, in England and, like many, I rejoiced when Mr Granger became President in 2015 and hoped that the bad practices of past governments would be banished and replaced with the rule of law. However, after trying for nearly a year to obtain documents from Guyana Land & Surveys Commission, I find that they seem to be a law unto themselves and I am surprised at the difficulties I have encountered.
In my opinion, a photographed Affidavit, dated 14th Feb 1993, purporting to have been sworn by my father is unacceptable – a proper copy of the original is required. I believe there has been a plot involving my siblings to overturn our father’s wish now that he is dead, yet I have been denied that which will clarify the situation: clear copies of the Affidavit and the Lease that are held by GL&SC.
Sometime in the early 1980’s, my father decided to transfer to me and my siblings a plot of land comprising 4.24 acres in Bartica and, as it was leased, he expected us to eventually buy the Lease. At that time, he had hoped to leave it as part of his legacy for us to use if we found it necessary. However, my sister made it clear to me and our father that she did not want any part of the land: she did not want to share with our half- brother and half- sisters. Our father was badly hurt but he acquiesced and excluded her from the Affidavit transferring the Lease, which he notarised at the Guyana High Commission in London.
I know, because I drove my father there and saw him do so! I sent copies to GL&SC in Bartica, my half- brother and half-sisters in the USA and half-sister in Guyana. They all confirmed receiving it, and some years later I felt it necessary to warn the authorities in Bartica that June might try to acquire the land by devious means.
Our father passed away in 1998 and my sister and her husband went to Guyana in 2012 where they met a Senior Land Administration Officer – Region 7, who signed a letter “Re: Your Application to Lease State Land, Lot 22 Bartica, Potaro Road” and included her as a Lessee. She showed me a copy when she returned and I reminded her that our father had excluded her. She then asked for me to give Power of Attorney to our relatives in Bartica. I could not understand why as they had permission to utilise the land, so I refused. Over the next 3 years she kept asking until I told her to get them to call me.
In November 2015, I had a call from a woman in Guyana who claimed to be my eldest sister’s daughter. After she correctly answered a few searching questions she told me the reason for her call. Apparently, moves were afoot to wrest land from our family and she wanted me to give her Power of Attorney but I refused. I told her I would contact Guyana Land & surveys Commission to find out what was going on. I don’t want to make this letter too long to bore readers, so more terrible descriptions about the state of the rule of law in Guyana will follow soon.
Nolan Griffith

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