People’s Progressive Party Civic (PPP/C) Members of the National Assembly can display reckless irresponsibility in their statements in the House. Words spoken in the National Assembly should represent a solemn pledge on the part of Members uttering them. Their actions, however, are often unrelated to their words.
Norman Whittaker, Minister of Local Government and Regional Development, in his presentation in the National Assembly on 10th February, 2014 during the Local Authorities (Amendment) Bill 2014 is an example. Whittaker said:
“… We at the Ministry of Local Government and Regional Development continuously view and involve the Regional Democratic Councils, the Neighbourhood Democratic Councils and the Municipalities because we view them as vital organs of local democratic power. Towards this end we invite them to join us in the task of managing and developing communities.
… I wonder also, have the opposition noticed that we have moved forward on these legislative reforms? I guess not because we are too engrossed in merely impeding the work of Government. The Fiscal Transfers Act to which His Excellency assented, that is progress. It does provide the objective criteria for resource allocation and this is what we have been asking for some while. That is progress. If it is not, tell me what is. This particular piece of legislation is what is envisaged under Section 76-77A of the supreme law of the land, the Constitution of Guyana, so we have fulfilled that.
In addition, the Local Govern-ment Commission Act satisfies the provisions of Section 78A of the Constitution. These two, along with the Municipal and District Councils (Amendment) Act of 2013 and the Local Authorities Elections (Amendment) Act do satisfy the requirements for the elections of members of local democratic organs. So Mr. Speaker, we of the PPP have not been dormant; we have not merely, as some do, in meeting cries and pleas and used, we have been very active”.
[Source: Hansard, 10th February, 2014]
Whittaker’s statement suggests that the Local Government Commission is now a reality and now “satisfies the provisions of Section 78A of the Constitution”. More than four months have passed, however, since the Minister made that bold declaration in the National Assembly but he is yet to issue the ‘commencement order’ that is required for the Act to come into operation or for the Commission to be established and begin to function. There is a gap between the Minister’s words and his deeds.
Anil Nandlall, Minister of Legal Affairs and Attorney General, should also have his words examined. In an article in the Kaieteur News of May 15, 2014, Nandlall introduces new factors into the debate. According to the AG, it is not likely that the Local Government Commission will come into operation. His reasons were that there are provisions in the non-assented Bill [Local Government (Amendment) Bill] which affect the legality of the others. He elaborated by saying that institutional deficiencies in the architecture of local government structure would arise were the President to assent to the Local Government (Amendment) Bill. There are two key concerns according to the AG.
First, “Many of the functions which the Regional Executive Officers (REOs) are to perform, including oversight, approval of financial transfers to NDCs from Central Government and a whole host of other financial and executive responsibilities are the subject of a clause in the Bill.” This clause has been deleted but nothing has been substituted, he went on. “So, currently, there is no one in this Bill to perform these important functional responsibilities.”
Second, and (2)”The transferral of executive power from the executive Minister to a non-executive Local Government Commission.” The Government, in the very words of its spokespersons could not be clearer with regard to its intentions. It is (a) that REOs have to be imposed on NDCs and municipalities, and (b) that the Minister must retain the power to “exercise … any or all of the powers of a local authority (NDC or municipality) whenever it appears to the Minister expedient so to do.”[Sec. 13, Cap. 28:02].
The Constitution of Guyana [Art. 75] is unambiguous and it states that “local democratic organs shall be autonomous.” The Government continuously violates this constitutional provision by using its appointed officers – REOs, town clerks and overseers – to marginalize and usurp the authority of these organs.
The PPP/C pretended to be committed to local government reform when it agreed to new constitutional provisions in 2001. Thirteen years later, however, it has shown itself to be duplicitous and despotic.
A Partnership for National Unity again calls on the PPP/C to change course, respect the constitution and tell the people the truth about local government.
