Latest update March 23rd, 2025 9:41 AM
Jul 17, 2020 News
The court case filed by Kaieteur News Publisher, Glenn Lall, to quash the June 11, sale of 130 acres of prime East Coast Demerara (ECD) lands by the incumbent, A Partnership for National Unity + Alliance For Change (APNU+AFC) Coalition government is scheduled to come up for hearing on August 13, 2020 in the Georgetown High Court.
Kaieteur News was told that the parties involved in the case, including National Industrial and Commercial Investments Limited (NICIL), Colvin Heath-London; Finance Minister, Winston Jordan, and the Attorney General, Basil Williams, have been served with the court action.
The case, which is set to come up at 10am before Justice Sandra Kurtzious on August 13 concerns an application filed by the publisher seeking a declaration from the Court that the de facto Finance Minister and NICIL had no power or authority to transfer state lands to any person or entity not under the control of the Minister, pursuant to Sections 8 and 11 of the Public Corporations Act (PCA); Cap. 19:05.
The court document stipulates that Lall wants orders from the Court aimed at quashing the deals made on June 11, 2020 by Minister Jordan and NICI
L that were published in the Official Gazette numbered Orders No. 64, 66, 67, 68, 69, 70, 71, 72 and 73 – on the grounds that the sale was unlawful, made without legal authority, ultra vires, malicious, made in excess of jurisdiction, made without adequate legal consideration, null void and of no legal effect.
According to the application, he referred to Sections 8 and 11 of the PCA, which stipulates that the Minister of Finance is empowered to authorize the transfer of State properties from only entities of the State. The PCA and its provisions of vesting order in general are not intended to apply to private companies.
Citing specific sections of the PCA, Lall contends that the Minister cannot transfer property owned by NICIL to any private individual.
He noted that all of the entities to which the lands were sold are private companies and that the PCA and its provisions of vesting orders in general are not applicable to private companies which meant that the purported transfer by Minister Jordan was unlawful, ultra vires and null and void.
“The essential and key precondition of the statue is that it applies to property of State being transferred to an entity under the control of the Minister, there is no authority to vest the specific State to these companies as mentioned in Orders published in the Official Gazette,” the applicant stated.
Subsequent to the filing of the application, Lall explained that, “the patrimony of this country must be disposed of transparently and in a manner which ensures value for money.”
He added that “if the lands and the country’s natural resources, which are being given out, are done in a transparent manner and at real market value, Guyana can alleviate poverty, eliminate its foreign debt and triple the salaries of public servants.”
He said, too, he will continue with his efforts, regardless of which government is in place, to ensure the best deal for the people of this country.
The massive land deal came to light after the vesting orders, bearing Minister Jordan’s signature were posted on Facebook, immediately raising questions as to how so many acres of land were sold in a day and also mounting suspicions that the incumbent Coalition government may be giving away lands before demitting office.
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