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Glenn Lall’s tax case may be lost, but the fight goes on

Mar 04, 2023 Letters

Dear Editor,

Poor Guyanese were dealt a crushing blow as KN’s Glenn Lall lost the tax case against Exxon and its Partners. Glenn Lall is sacrificing so much and even the judge presiding over the tax case acknowledged this.  Some positives did emerge as now we know the finance minister and his colleagues of the ruling government at the time voted to waive taxes for Exxon and partners, it is also good to know Glenn Lall is following up and looking into constitutional laws to see if he still have a winning case.

Concerned citizens willing to speak out against the injustices happening in Guyana, however, they need to know the laws and facts on which they could base their fight on and this is a tall order since all the documents are held in secret with non-disclosure clauses and Confidentiality Agreements protecting them from public scrutiny.  The current VP was quick to post election SOP’s in the last election online, but still cannot post mining contracts and oil agreements online. The courts are the only avenues available now to keep fighting for patriotic Guyanese, since no parliamentarian, institution, organization nor people with influence are willing to stand up for Guyana in this current fight. If the constitution allows for a majority ruling party vote to waive taxes, then does the constitution allows for majority ruling party ministers to make deals in secret with state assets and resources without cabinet or parliamentary vote?  If this is so, then the constitution has no protection for Guyana.

The parliamentary speaker refused to provide information on the proposed gas plant and other governmental affairs when asked, Guyana is supposed to have a freedom of information act, so does the constitution allow the parliamentary speaker to refuse information requests on one of the most important projects in Guyana that will greatly affect Guyanese? We have heard from Exxon and John Hess, but nothing from CNOOC since the oil business started, who is CNOOC and how are they registered in Guyana and who are the real owners? The judge ruled against Glenn Lall on grounds that Exxon and partners got approval from parliament for tax waivers.  The judge in the Schlumberger case ruled against Schlumberger that their radioactive materials processing operations were detrimental to Guyanese although Schlumberger got approval from the Government and the EPA.

Why couldn’t the judge in Lall’s case couldn’t rule like this as the tax loss is also detrimental to Guyanese, can someone explain the difference in these rulings?  And if the judge concluded Glenn Lall had the right to file the case, how come Glenn Lall has to compensate the defending lawyers?  This is the tactic that will be used on Guyanese fighting the foreign companies, which is to go to court and judges will rule against plaintiffs like Glenn Lall and have plaintiffs compensate the defending lawyers as the oil and resources companies already have all the necessary signed government documents for their defence, which will be presented during court cases.

We hear from oil and mining companies that if they pay taxes, they will not make profits; and if Guyana changes or enforces laws, Guyana will have to compensate them for losses.  If Exxon and partners, Rusal and Troy Resources and others are saying they don’t make profits, then what do Guyana have to compensate them for by changing or enforcing of our laws? There are Guyanese laughing at Glenn Lall for losing the tax case, proving how some Guyanese have degraded themselves by laughing at people fighting on their behalf?  I don’t know what these Guyanese laughing are getting, but I do know the foreign exploiters are choking with laughter all the way to the bank.

Yours faithfully,

R. David

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