Cevons told 50-year lease to city property illegal, ordered to vacate premises

Feb 17, 2021 News

Kaieteur News – Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, S.C, has written to Cevons Waste Management over its alleged illegal lease and occupation of a plot of land located at Le Repentir, Georgetown.

Cevons Waste Management, Morse Archer.00

In a letter addressed to the Chief Executive Officer (CEO) of Cevons, Morse Archer, the AG explained that while the company was granted a 50-year lease to occupy the land located at Area C, Tract B, Le Repentir, Georgetown, by the Guyana Lands and Surveys Commission (GLSC), the lease cannot be deemed legal, since the land falls under the control of the National Sports Commission (NSC).
Added to this, Nandlall noted that the waste management company had subleased the property to oil company Sol Guyana Inc., and Corum Restaurant Holdings, which owns and operates fast food franchises including Churches Chicken and Mario Pizza.
“You recall the company had previously held a purported lease from the Mayor and Councillors of the City of Georgetown (M&CC) in respect to the same lands, which was voided for the same reason that the legal title to the said lands did not reside with the M&CC,” the AG reminded in his letter.
Similarly, he noted that the Lands and Surveys Commission had no legal authority to lease the said land to the company or anyone else.
The Attorney General noted that “indeed the every purported dealing with the lands is unlawful, null, void and of no effect.”
In any event, he explained, the former GLSC Commissioner had no lawful authority to promise to sell the lands to the company.
“The power to sell state lands resides with the President by virtue of Section 3(1) of the State Lands Act, Chapter 62:01 and was never delegated to the former Commissioner. In consequence, the sub leases which were executed with Sol Guyana Inc. and Corum Restaurant Holdings Inc. are also unlawful, null, void and of no effect,” he explained.
Further, Nandlall pointed out that while the company has paid a substantial sum of money pursuant to a Memorandum Of Understanding which appears to a be a sum of money paid to secure the a lease and title to the lands; this mechanism is not provided for in the State Lands Act.
He said too that the procedure is unheard of in the regulations of the Guyana Lands and Surveys Commission, (GLSC).
In the circumstances, the AG noted that given the entire transaction was done without the knowledge, authority and approval of the owner of the lands, the National Sports Commission, simply compounds the impropriety and illegality, which permeated it.
Nandlall informed the company too that although it has already constructed a building on the property, the use of these lands is delegated for the development of sports and for the construction of facilities in relation thereto.
“In the circumstances neither your company, nor it sub-lessees have any right to use or occupy the said land. I hereby demand that you vacate the said lands on or before March 31, 2021,” the AG instructed in the letter.
A failure to vacate the premises, Nandlall has warned will result in legal proceeding being filed against the company and its sub-lessees.
He noted too that the matter would be reported to the Criminal Investigations Department (CID) of the Guyana Police Force, with a request to investigate and proffer all criminal charges arising out of the transaction.

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