Local Govt. Commission passes motion to give chairman, vice chair ‘super powers’

Jun 03, 2022 News

– Opposition to mount legal challenge against decision

By Zena Henry

Kaieteur News – The A Partnership for National Unity + Alliance For Change (APNU+AFC) is set to mount a legal challenge against what they believe is the unlawful investment of Local Government Commission (LGC) powers in the body’s chairman, Julius Faerber and deputy chairman, Norman Whittaker.

Local Government Commission (LGC), Chairman, Mr. Julius Faerber and Local Government Commission (LGC), Deputy Chairman Mr. Norman Whittaker

Opposition parliamentarian Ganesh Mahipaul told the Kaieteur News that the LGC on Wednesday last passed a motion allowing the statutory body’s chairman and deputy chair to independently make decisions that are the responsibility of the Commission as a collective.
In the motion signed by the LGC chairman, it was noted that the LCG was proposing the motion in the interest of administrative expediency. It was explained that the motion was being set to lay the “foundation for the full Commission to delegate specific statutory functions to the Commissioners who constitute the in-house Executive Management of the Commission, that is, the chairman and deputy.” “The rationale of the Motion is to ensure the efficient management of the activities of the various local government organs would not be constrained in any way based on the sole monthly statutory meetings of the commission to approve decisions which are required as a matter of urgency.” The motion further highlighted that given the immense magnitude of decision-making required to service all of the local government organs around the country, “the once –monthly statutory meeting of the Commissioners is insufficient to deal with all matters in a manner that is required for the smooth operations of the local organs.”
Mahipaul is adamant however, that any move to improve the efficiency of the Commission should see an increase of meetings if they are inadequate to fulfill the task of the body. Any delegation of responsibilities of the LGC, as noted in the Constitution, should also be given to the local body organ and not any officer of commissioner within the Commission.

Opposition MP Ganesh Mahipaul

As such, Mahipaul insisted that the recently passed motion is illegal.
“The laws of Guyana are quite clear,” the Opposition Member of Parliament stated. “The authority lies with the Commission and at no time can that Commission decide by way of a simple majority to give its functions and its authority to single individuals that are holding specific offices within the Commission.” He said that if the issue lies with the fact that the Commission only reaches once per month, “then they can hold more than one meeting to facilitate the functions of the Commission, rather than delegating the responsibilities of the Commission to specific office holders.”
Mahipaul reiterated that the LGC does not have the authority to delegate and that any handing over of responsibilities must go to a local democratic organ. The danger in the motion, Mahipaul said, is that it will see the Chairman and his deputy making decisions on their own, rather than the Commission doing so a collective body. He said what that means also, is that the chair and his deputy would make their decisions and bring it to the Commission merely for ratification.
Four specific areas where the chair and his deputy can independently decide on matters involve the approval of temporary, acting and general non-permanent appointments to local government organs; approval of leave for local government officers in situations that require urgency; the approval of administrative leave of local government officers to facilitate disciplinary investigations and the approval of statutory and salary increases for the local government officers which have been approved at the level of the central government and local organs. The document noted that the motion was duly approved, although Mahipaul said his information is that the motion was not approved by the full Commission.
“On that basis, I signal my intention and the intention of the Coalition to seek the court’s interpretation and guidance on the legality of the motion,” Mahipaul said. He called the situation an “extremely strange” one which seeks to “shatter the guard rails of democracy.” He said, “I know the law does not permit delegating specific functions to individuals so I am going to support a legal challenge to this resolution and let the court guide us as to whether the move by the commission is proper.”

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