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City Hall must fulfill its legal obligations or Govt. will take control of city streets – Nandlall
Kaieteur News – Should the Georgetown Mayor and City Council (M&CC) fail to fulfill its legal obligations, Government could take could the management of City streets, Attorney General and Minister of Legal Affairs, Anil Nandlall said.
Nandlall said the M&CC is required by law to keep its parapets and public spaces free from encumbrances which include vending.
“There is a power in the law which Central Government does not wish to activate and Central Government can take over every street within the precincts of the city and take charge of the management of those streets. It is not something that Central Government would like to do, but the Mayor and City Council must understand that if they neglect to execute their statutory functions, if they act in breach of their statutory duties, if they neglect and refuse to carry out their obligations under the law, then they can be sued and Central Government can take over,” the Attorney General said.
Attorney General, Anil Nandlall SC
Nandlall, who was at the time speaking during last week’s broadcast of ‘Issues in the News’ said that businesses and private citizens can initiate court action to compel the Council to remove illegal structures from in front of their homes and businesses. The Attorney General referenced the Council’s responsibilities under the Municipal and Districts Council Act Chapter 28:01.
“Section 302, paragraph 25, says that the M&CC is obligated to ‘prohibit trespass in alleyways and the encumbering of public and council roads and the parapets thereof and of pavements’.
Nandlall said, “this Mayor and City council on the contrary is encouraging and worse yet, defending the encumbrance of public roads, public parapets, and public pavements. They are supposed to prohibit, they are not only encouraging but defending…”
Meanwhile, the Attorney General said that while he served as a private lawyer, he initiated court proceedings on behalf of clients to compel the Mayor and City Council (M&CC) to remove illegal vendors. He said he often times secured a Writ of Mandamus.
“A Writ of Mandamus is directed by a High Court Judge to a Statutory Officer or Statutory Tribunal compelling them to carry out their lawful duties when there is a neglect to do so. I appeared for many businessmen and got Writs of Mandamus directing the Town Clerk, directing the City Engineer, and directing the Mayor and City Council to clear pavements in front of their businesses,” Nandlall said.
The Attorney General added that business owners “must also play their part” to curb illegal vending.
“A resident or business owner, whose house or living accommodation is blocked by unlawful vending on the pavement, can go to a judge and get an order directing the City Council to come and clear that vendor or clear that encumbrance. So, I hope they act on this advice. This must not be a government fight alone. This involves everyone. It is a matter of public order, the rule of law,” Nandlall emphasised.
Further, the Attorney General reminded that the City Council has Court Orders that speak to vending outside of certain businesses and those Orders should be heeded.
Earlier this month, the government issued a final notice to vendors who are occupying spaces along New Market Street, between Thomas and East Streets, to remove all erected makeshift stalls, sheds, carts, caravans, motor vehicles, and other receptacles used for vending.
These vendors, according to the previous notice have been impeding the smooth flow of traffic in the vicinity of the Georgetown Public Hospital Corporation (GPHC), the main public health institution in the country, the Ministry of Public Works said. The Ministry of Public Works added that it would have served ‘Violation Notices’ prior, giving the vendors seven days to vacate the area.
Nandlall’s comments followed a standoff between City Mayor Ubraj Narine and the Ministry of Public Works over the illegal vendors in the vicinity of the Georgetown Public Hospital Corporation (GPHC).
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