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Govt. must be trailblazers in upholding the law, lest they lose the moral authority to impose the law
Dear Editor,
I am in a state of tribulation, angst and disgust as I pen this open letter to, or probably about, the Powers That Be, in relation to the sacrilegious act that is being inflicted at Parade Ground, a sacred place for all patriotic Guyanese, and the People of African Descent, in particular, whose fore-parents`/ancestors` decapitated heads were place on staves on that ground, as an ultimate act of the dastardly, and heinous massacre of the people of African Descent, in response to them daring to wage a non-violent revolt, against the plantation owners of the East Coast Demerara Estates, in their quest for their natural and God given right to freedom.
Yet, today, the successor, and acclaimed democratic, state sees nothing wrong in determining the fate of that solemn ground without reference or deference to the descendants of those whose ancestors were the victims of the ultimate crime against humanity, which culminated in their decapitated heads being exhibited on staves at that site.
Most disconcerting is that this sacrilegious act is been carried out in defiance of the constitutional and other legal provisions that empower the local government, the local people, to determine the use and sanctity of that ground. Like the plantation owners, the Government is resorting to force to impose its will, thought illegal and immoral, on the citizenry
In that regard, the Constitution stipulates that “Parliament shall provide that local democratic organs shall be autonomous and take decisions which are binding upon agencies and institutions, and upon the communities and citizens of their areas”. The Municipality of Georgetown is such an organ, and Georgetown is such an area, which includes the Parade Ground. Clearly, the Central Government and the Ministry of Culture, Youth and Sport, in particular, is acting outside of its legal jurisdiction as it seeks to unilaterally determine to what use the ground (Parade Ground) should be put.
There is also enabling legislation that specifically sets out the authority of a municipality in relation to undivided lands in municipal areas. Section 320 of the Municipal and Districts Council Act stipulates that “All undivided lands in every council area, except private lands held in joint ownership or ownership in common, shall be under the control and management of the council”. Parade Ground is a portion of undivided lands in Georgetown, and as such falls under the jurisdiction of the Council.
For the Minister to unilaterally determine to what use Parade Ground should be put is therefore a clear violation of the constitutional provision, and more specifically the enabling legislation, referenced above. That apart, the law in relation to land use and the erection of structures also requires that applications be submitted to the Municipality for approval in keeping with the relevant bye-laws. The Central Government is therefore by all counts acting unlawfully in its attempt to determine what use should be made of Parade Ground, and in actually erecting any structure, without due process, permission, and deference to the Municipality.
It is therefore not a mere moral and just cause for the people of African Descent to call upon the Ministry of Culture, Youth and Sport to cease and desist from trespassing on Parade Ground, and usurping the authority of the Mayor and City Councilors of Georgetown. They are on firm legal ground as citizens of Georgetown, to so do.
While, Parade Ground is of immediate concern, it should be noted that such infringements and unlawful acts by the Ministry are wide spread and prevalent, especially when it comes to undivided lands, in local areas, which have been set aside for recreational purposes.
It behooves the Government to be trail blazers in relation to upholding the Rule of Law, lest they lose the moral authority to impose the Rule of Law. There is much evidence of this decay already occurring and the Government`s resort to the use of force/violence to have the citizenry do as “they say” and not as “they, the Government, do. These are creeping elements of a failed state, and illegitimate rule.
Yours sincerely,
Vincent Alexander
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