CJ orders Minister Patterson to explain Berbice Bridge takeover

Jun 20, 2019 News

Chief Justice Roxane George has ordered Minister of Public Infrastructure, David Patterson, to supply the Claimant, the Berbice Bridge Company Incorporated, (BBCI) giving reasons for the decision to take over the bridge.

Minister of Public Infrastructure, David Patterson

Patterson had failed 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 the second order that was passed to the Minister in relation to the case. Justice Gino Persaud had ordered on February 28, last that pursuant to section 15 of the Judicial Review Act the Minister must, within 28 days, provide to BBCI a statement setting out his findings on material questions of fact and giving reasons for the decisions contained in the Berbice River Bridge (Public Safety) Toll Order No. 42 of 2019.
During a case management hearing on Tuesday, the Court ordered that costs in the sum of G$100,000 be ordered to be paid by the Minister to the BBCI.
The Claimant, BBCI, was given the leave of the Court to file a Reply and Witness Statements on or before 12th July, 2019.
Additionally, Minister Patterson and his legal team were ordered to file Witness Statements on or before 26th July, 2019. The Claimant, BBCI, was ordered to file an Affidavit of Documents on or before July 12, 2019, and the Defendants were so ordered on or before July 26, 2019.
A Statement of Agreed Facts was ordered to be filed on or before August 5, 2019 and the matter was adjourned to August 16, 2019, at 11:00 am for report.
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.
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.