APNU questions legality of ‘tint policy’ despite welcoming broad-based implementation

Nov 30, 2025 News

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(Kaieteur News) – A Partnership for National Unity (APNU) has raised concerns about the government’s new ‘tint policy’, questioning its legality and the readiness of the government to this new approach.

On Saturday, APNU’s Member of Parliament Sherod Duncan said the party welcomes the direction the government is moving on the matter, citizens deserve a server that is free from inconsistencies, is predictable and not vulnerable to abuse, whether by motorists, enforcement ranks or administrative officers.

However, the party has expressed concern about the “enforcement of tint regulations and the introduction of a new national “tint policy… Efforts aimed at improving clarity and fairness in tint governance are in principle, welcome.”

Nevertheless, the party is arguing, that what is being witnessed is not a sequenced, well- planned reform, but it is instead a string of piecemeal announcements. According to Duncan, Minister of Home Affairs Oneidge Waldron first issued instructions that targeted police ranks and the tint on their private vehicles, which invoked themes of discipline and equity.

“Only days later, she unveiled a far broader and more sweeping national tint policy, complete with new thresholds, “risk categories,” compliance deadlines, and promises of upcoming legislative amendments. This sequence does not reflect a structured policymaking process. Instead, it appears reactive, a string of directives meant to respond to public pressure rather than the product of deliberate planning,” Duncan said in the statement.

Duncan said that his own technical advisor on policing and traffic regulation has confirmed that there is “no legislation in Guyana prescribing specific tint percentages. The commonly referenced 65% or 35% light-penetration thresholds evolved as internal operational practices within the Guyana Police Force and were never formally inserted into the Motor Vehicles and Road Traffic Regulations through the required legislative mechanism.”

The MP explained that the relevant legislation that refers to tinted windows does not reflect any percentages. With this being a crucial point, the Minister acknowledges that the “tint law” must be updated. “Therefore, she cannot at the same time declare that there will be new standards, new allowances, and new waiver systems take immediate effect, as enforcement cannot precede legislation. A policy cannot outrun the law that is meant to empower it,” he reminded.

Additionally, Duncan pointed to the digital governance architecture noting pointing to two major pieces of legislation: the Digital Identity Card Act and the Data Protection Act, which have been passed in the National Assembly but have not been enforced.

“Yet the Government has already begun registering public servants, collecting biometric data, and issuing digital ID cards. Senior officials have gone further, indicating that the Digital ID will soon be mandatory for employment, banking, remittances, and access to government services, all without the legal protections those Acts were designed to provide,” he said in the statement.

Duncan said too that there is a similar situation with the migration policy, where announcements have been made in relation to new residency requirements, penalties for employers, and biometric tracking of migrants, but there has been no Migration Bill, White Paper, or policy framework has been laid before the House.

“These are not isolated instances of administrative zeal. They represent a troubling model of governance in which national systems are launched through public announcements while the legislation needed to regulate and legitimize them is treated as an afterthought,” he said.

Duncan posited that the tint policy, though not inherently objectionable in its stated goals, cannot be viewed in isolation. He argued that the policy fits into a larger and increasingly familiar pattern whereby the executive branch is governing by directive rather than by statute; “where public compliance is demanded before parliamentary oversight; and where the rights and protections of citizens are treated as secondary to administrative convenience.”

Nevertheless, if Government is serious about modernizing the tint regulation, then it should take the correct path by tabling the required amendments to the Motor Vehicles and Road Traffic Regulations, and also undertake the publishing of the technical basis for any proposed standards, while ensuring that the enforcement measures are implemented only after the House had debated on and approved the required changes.

“The same principle must apply across all national systems, digital identification, migration governance, election administration, and every other sector where the rights of citizens are affected,” Duncan stressed.

He said APNU continues to remain ready to support reforms that improve fairness, transparency, and public safety, but it will “continue to insist that such reforms be grounded in law, not improvisation; in Parliament, not press conferences; and in a governance model that respects the rights and dignity of every Guyanese. Guyana deserves a tint policy, and a digital policy, and a migration policy that is anchored in lawful process, democratic oversight, and respect for the rule of law. Is Parliament open for the people’s business?”

Kaieteur News on November 29, 2025 reported that drivers are now allowed to have up to a 35% light penetration on their vehicles without a waiver issued by the Ministry of Home Affairs. The announcement was made by subject minister Oneidge Walrond amid public concern over the Guyana Police Force’s tint campaign.

Earlier this week, the minister ordered ranks of the GPF to remove the illegal tint from their vehicles.

In a short Facebook live stream via her Facebook page, Minister Walrond said that it was observed that there was an exponential increase in requests for tint waivers with simultaneous complaints in relation to “unscrupulous practices and individuals” who are abusing the current system in place.

She said that it has become clear that the system is burdensome, inconsistent and vulnerable to manipulation. The minister disclosed that after taking this into consideration, a comprehensive evaluation of the system was conducted in addition to consultations with the GPF and technical expert.

It was decided that, “There will be the introduction of three clearly defined tint waiver categories based on assessed risk profiles in the interest of equity and to eliminate administrative delays, there will be a universal provision for basic tint without waiver, which stipulates that all motor vehicles will now be allowed tint with no less than 35% light penetration.”

This measure, the minister said, will apply across the board and does not require a waiver. Nevertheless, restricted waivers for high security categories are to be introduced. The first and second categories will be strictly applied to diplomats, government officials, high profile security related persons and other specific categories expressly approved by the Minister of Home Affairs.

“The current legislation governing tint waivers will be amended to reflect and legalize these new measures. All motor vehicle owners and operators are required to comply fully with these revised tint regulations.  These changes are intended to bring predictability, equity and fairness to the long-standing issue of tint management. Failure to comply will result in the application of prescribed fines and charges under the relevant traffic and enforcement regulations,” Minister Walrond added.

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• APNU, legality, Readiness, Sherod Duncan, tint policy

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