Latest update November 21st, 2024 1:00 AM
Court to hear Ramps Logistics lawsuit over local content certificate on Nov. 11
Kaieteur News – Acting Chief Justice Roxane George-Wiltshire has set the 11th of November, 2022, as the date for oral arguments to be presented in the case filed by Ramps Logistics against the Government of Guyana over its denial of a local content certificate.
Chief Justice (ag) Roxane George-Wiltshire
On Thursday, the Chief Justice also set strict timelines for written submissions. The submissions are expected to be handed in no later than Monday, October 31. Ramps Logistics is being represented by Senior Counsel Edward Luckhoo and attorney at law C.V Satram while the State is being represented by Solicitor General Nigel Hawke.
Ramps Logistics which is originally from Trinidad and Tobago but is registered under Guyana’s Companies Act was earlier this year, denied a local content certificate for purportedly not being “Guyanese enough.”
Last June, the contentions surfaced over the manner in which foreign companies are now using Guyanese nationals to fulfill their local content requirement for the company to be 51 percent locally owned.
Ramps for instance provided detailed information regarding Deepak Lall, a Trinidadian born with strong Guyanese roots who purchased 51 percent of Ramps Guyana for US$1M, making it 51 percent Guyanese owned.
The issue however, is that Lall’s father and grandfather are Guyanese and he, outside of the oil and gas company had very little to do with the country. Lall would have received his Guyanese passport in 2021. He was described as a Guyanese national, but some believe this was conveniently pursued to fulfill the 51 percent requirement.
After being denied the certificate twice, Ramps Logistics had promised to take the issue to the Courts. According to a Fixed Date Application (FDA) recently drafted, the company has asked the Court to issue several orders including a declaration that Ramps Logistics has satisfied the statutory requirements and preconditions necessary for the grant of the certificate of registration under the Local Content Act 2021.
The FDA which lists the Minister of Natural Resources, the Director of the Local Content Secretariat, the Local Content Secretariat and the Attorney General of Guyana as respondents is also seeking a declaration that the decision of the Minister and/or the Director of the Local Content Secretariat and/or the Local Content Secretariat (LCS) made on June 8 2022 refusing to grant or issue them a certificate of registration is unlawful, illegal, null, void and of no legal effect.
The applicant also wants declaration that the failure and refusal by the Minister and/or the Director of the Local Content Secretariat and/or the LCS not to reconsider its decision made on June 8, 2022 is unreasonable, unlawful and arbitrary.
Added to this, the company has requested a declaration that it was unlawfully denied a certificate of registration and benefits arising to as a result since it is by virtue of Section 6 of the Local Content Act 2021 entitled to a number of benefits. Ramps Logistics is requesting too an order of certiorari quashing the decision not to issue them a certificate and an order of mandamus compelling the Minister and/or Director of the Local Content Secretariat and/or the Secretariat itself to grant the company a certificate of registration or alternatively an order that the powers that be reconsiders Ramps application for a certificate of registration.
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