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High Court grants Govt extension to justify takeover of Berbice Bridge
Granting the State an extension to file an affidavit detailing the facts and reasons for Government’s takeover of the Berbice River Bridge, Justice Gino Persaud, who is hearing a legal challenge mounted by the Berbice Bridge Company Incorporated (BBCI) against the action, will begin hearing arguments on January 21, 2019.
Last month, the BBCI filed legal proceedings against the Government in the High Court, and served notice on Minister of Public Infrastructure, David Patterson, and the Attorney General, the first and second named defendants, respectively, for a statement outlining the decision for the take over the maintenance and operation of the Berbice River Bridge.
When the matter came up for hearing yesterday before Justice Gino Persaud, lawyers from the Attorney General Chambers failed to honour the request made by the BBCI, and as such, was granted an adjournment until next week Friday, December 28, to file an affidavit.
Thereafter, the Judge will commence hearing arguments in the matter. The Attorney General’s Chambers is appearing for the State, while Senior Counsel Ralph Ramkarran is representing the BBCI.
Amid a 360% increase in tolls, which was demanded by the BBCI, the Government on November 5, last, announced that it was taking temporary control of the bridge in the safety of the public.
According to court documents filed by the BBCI, on November 1, Minister Patterson caused to be issued and advertised in the Official Gazette the Berbice River Bridge (Public Safety) Toll Order 2018 No. 42 of 2018, made under Section 11(b)(i) of the Berbice River Bridge Act Cap 51:06 ordering that the functions of the concessionaire, (BBCI), to maintain and operate the Bridge shall be exercised by the Government.
The Berbice River Bridge
The Official Gazette also said that Minister Patterson having determined that the exercise of those functions by the Government is necessary and expedient in the interests of the public during the period November 5, 2018, to the date, the Minister specifies by notice on the cessation of the threat to public safety.
It also said that the tolls will be levied and collected and any exemptions shall be the same as those levied, collected and exempted immediately before the coming into operation of the said order.
According to the bridge company, by a Concession Agreement dated June 12, 2006, entered into between the Ministry of Public Works and Communications, on behalf of the Government of Guyana and the company, it is made clear that BBCI shall be obliged at its own expense to operate and maintain the Toll Bridge.
The company said that Berbice River Bridge Act also provides that it has the right to specify different toll amounts in relation to the use of the bridge by reference to such circumstances or combination of circumstances as the BBCI may, after consultation with the Minister, determine.
The bridge company argued that in a public statement on July 10, 2018, the Chairman of the Board of Directors, Dr. Surendra Persaud, announced that a toll adjustment was an essential requirement to ensure that it can continue to execute its mandate.
In fact, it had applied to the Government for an adjustment on three occasions- March 2015, August 2015 and January 2016, but had received no replies. Further, the BBCI has now accumulated a loss of $2.8B and now faces bankruptcy.
The Chairman said that discussions with the Minister had not achieved any success in achieving any adjustment to the tolls. It was then announced by the Chairman that such adjustment would take place.
On October 11, the bridge company announced increases upwards of 365 percent.
According to the court papers, an increase in tolls by the BBCI is not a threat to public safety.
The bridge company said it wrote the Minister on November 6 asking for details that would have helped those findings.
The bridge company noted that Section 15 of the Judicial Review Act provides as follows: “It is the duty of any person or body making administrative decisions, if requested in accordance with this section by any person adversely affected by the decision, to supply that person with a statement setting out the findings on material questions of facts, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.”
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