High Court throws out M&CC’s application challenging legality of Local Government Commission

Dec 13, 2022 Court Stories, Features / Columnists, News

Kaieteur News – The High Court has dismissed the Georgetown Mayor and City Council’s (M&CC) Application challenging the legality of the Local Government Commission (LGC) when the matter was heard before Justice Navindra Singh last Friday.

In a Fixed Date Application (FDA) filed on March 3, 2022 the M&CC sought several declarations and orders against the Attorney General and the LGC. The M&CC asked that Court to declare that Articles 75 of the Constitution of Guyana and 78A of the Constitution of Guyana are irreconcilably inconsistent with each other; that Article 75 of the Constitution of Guyana is the leading provision and should prevail over Article 78A of the Constitution; that a declaration be made that Article 78A of the Constitution of Guyana is inconsistent with Article 12 of the Constitution of Guyana; and that Article 78A of the Constitution of Guyana is inconsistent with Articles 71 and 74 contained in Chapter VII of the Constitution of Guyana.

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC

Further, the M&CC sought a declaration that the establishment of the Local Government Commission by Parliament by the Local Government Commission Act #18 of 2013 is contrary to Article 75 of the Constitution of Guyana and is therefore void to the extent of its inconsistency. Alternatively, the Council said that Section 13(1) & (2) of the Local Government Commission Act are contrary to Article 75 of the Constitution of Guyana and are therefore void to the extent of its inconsistency.

The Council argued that Sections 118 & 119 of the Municipal and District Councils Act as amended by the Municipal and District Councils Act #15 of 2013 is contrary to Article 75 of the Constitution and are therefore void to the extent of their inconsistency.

Mayor of Georgetown, Ubraj Narine

In a statement issued Monday, the Attorney General’s Chambers said that the fundamental issue raised by the M & CC in its Fixed Date Application is that, the establishment of a Local Government Commission, by Article 78A of the Constitution of the Co-operative Republic of Guyana, and the vesting of it with a power to regulate and staff Local Government Organs, and a power to resolve disputes within and between Local Democratic Organs collide with and is inconsistent with Article 75 of the Constitution which provides that Local Democratic Organs shall be autonomous.

The matter was heard on May 23, 2022 by Justice Singh who ordered that submissions be filed.

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC in his submissions contended that it was always the intent of Parliament to repose authority in a LGC to deal with all matters relating to the regulation and staffing of Local Government Organs and the power to exercise disciplinary control over Local Government Officers as evidenced in Sections 13 and 120 of the Local Government Commission Act 2013 (No. 18 of 2013) Sections 97, 114 (now repealed) and 118 of the Municipal and District Councils Act.

Nandlall submitted that the legislature sought to alleviate any ambiguity as to their intendment of the role and functions of the Commission and went a step further and enacted the Local Government Commission after the Municipal and District Councils Act, Cap 28:01, was updated in 2012.

“The Constitution itself is replete with examples of one organ that is ostensibly autonomous and independent being staffed by another organ, as well as its functions being in some way regulated by another agency. This holds true for many statutory agencies as well,” the statement from the Attorney General’s office said.

Judgment was handed down in favour of the arguments submitted by the Attorney General and costs awarded in the sum of $200,000 to the Attorney General and the LGC.

The Attorney General was represented by Mr. Mohabir Anil Nandlall SC, MP, Mr. Nigel Hawke, Solicitor General and Ms. Saabira Ali Hydaralie, State Counsel.

Mr. Brendan Glassford represented the Mayor and Councillors of the City of Georgetown.

The Local Government Commission was unrepresented.

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