Latest update November 23rd, 2024 1:00 AM
Latest News
Minister still to provide court with facts on govt.’s takeover of Berbice Bridge – PCCL
Minister of Public Infrastructure, David Patterson is still to provide the court with facts on the Toll Order for government’s takeover of the Berbice River Bridge, despite being ordered to do so. This is according to a statement by Public Communications Consultants Limited (PCCL) which said that the matter comes up for Case Management Conference on Monday before Chief Justice Roxane George.
The Berbice River Bridge
“It is anticipated that the matter of the Minister failing to respond to the Order served upon him to provide the Court with statement of facts on the Toll Order for the takeover of the Bridge by the government, will be raised before the Court,” the statement added. Last November, the Berbice Bridge Company Incorporated (BBCI) moved to the High Court asking for the reversal of the decision of government to takeover maintenance and operation of the Berbice River Bridge.
Kaieteur News had previously reported that sometime in February, Justice Gino Persaud directed the minister, through his lawyer Senior Counsel Ralph Ramkarran to provide the court with an explanation of the Toll Order. Then, Senior Counsel Ramkarran had said that Minister Patterson was given 28 days to comply with the court’s order.
In its application, the BBCI had noted that Section 15 of the Judicial Review Act provides as follow: “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.”
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 Government.
The Official Gazette also said that having determined that the exercise of those functions by the Government is necessary and expedient in the interests of the public, 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, 2018 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 had said it wrote the Minister on November 6, 2018 asking for details that would have helped those findings.
Similar Articles
THE BLUNT OF THE DAY
Sports
Features/Columnists
Let us not be silent witnesses!
…Peeping Tom kaieteur News- Ray Daggers walked from Corriverton to Charity. It was a journey so epic it might have... more
Rising Gun Crimes in the Caribbean: Urgent Action required by all
By Sir Ronald Sanders Kaieteur News – There is an alarming surge in gun-related violence, particularly among younger... more
Weekend Cartoon
