The People’s Progressive Party/Civic – PPP/C – administration is determined to maintain total control of local democratic organs (LDOs) by not convening the Local Government Commission (LGC). The reason for this is to enable the Minister of Local Government and Regional Development to continue to undermine the authority of democratically elected local government bodies.
Norman Whittaker, Minister in the Ministry of Local Government and Regional Development, by not issuing the ‘Commencement Order’ to enable the Local Government Commission (LGC) to come into being and commence functioning, is ensuring that local democratic organs will not be able to function effectively.
This Commission will deal with all matters related to the regulation and staffing of LDOs, in keeping with new constitutional provisions enacted in 2001. This oversight role will extend to regional democratic councils (RDCs), municipalities, neighbourhood democratic councils (NDCs) and Amerindian Village Councils, in keeping with clause 13. (5) of the governing Act, i.e., Act 18 of 2013.
Whittaker, in a letter published in the Stabroek News of August 29, 2014, advances views which are deserving of condemnation. The Minister – in the letter entitled ‘City council’s no-confidence motions are taking precedence over critical matters citizens want addressed’ – continues to defy legitimate decisions of this council. He persists in his determination to impose an unfit and unqualified person to the office of Town Clerk.
Whittaker, while doing so, accuses the council of inadequacy, ineffectiveness, incompetence and inertia! According to the Minister, in his letter, the reason the Georgetown City Council has moved no-confidence motions against his appointee and which he deems as ill-conceived, is as a result of ‘personal vendettas and personality differences’!
Whittaker enlisted the support of his colleague, Minister of Legal Affairs and Attorney General Anil Nandlall, to justify his controversial behaviour. On the question of disciplinary control over officers of LDOs, the advice from the Attorney General resorted to provisions introduced in 1988 to the Municipal and District Councils Act, Cap 28:01 creating a Local Government Service Commission.
Nandlall then refers to section 326 of the said Act which, he says, ‘provides that, until the coming into operation of the aforesaid Commission, the powers conferred on the said Commission as outlined above shall be exercised by the Minister of Local Government.’ It would be appreciated if Nandlall could advise interested persons from which publication they can view section 326 referred to. It does not appear in the Act on the Ministry of Legal Affairs and Attorney General’s Chambers’ website or any version at the Parliament library or the newly published volumes of the Laws of Guyana, all of which end at section 321!
What is truly reprehensible is the opinion and advice of the learned Attorney General. His opinion is that “the Georgetown Mayor and City Council has absolutely no power whatsoever to exercise any form of disciplinary control or to remove from office, the Town Clerk” and that “it is only the Minister who can remove the Town Clerk from office”! The Attorney General, with a single blow, violently removes the pillars supporting the edifice of local democracy and constitutional provisions governing LDOs.
The learned Attorney General and his cabinet colleague should be reminded of Articles 75 and 8 of the Constitution. Their powers of comprehension cannot be that deficient to render them unable to interpret what these articles mean.
The Ministerial misfits are not confined to the Georgetown municipality; they exist in many of the 81 LDOs. One of the more notorious examples is that of the Potaro-Siparuni (Region No. 8) Regional Executive Officer in whom the Regional Democratic Council has successfully moved two no-confidence motions but yet remains ensconced as a carbuncle on this council.
President Donald Ramotar’s administration has pursued a scorched-earth policy against the residents of Region No. 8. This, presumably, is his response to their having rejected the PPP/C at the November 2011 general and regional elections. It has resulted in residents there not receiving the basic amenities such as electricity, water supply, proper roads or a good standard of education delivery.
When those entrusted with the task of administering the laws, themselves become the chief lawbreakers, they invite every citizen to ignore the law. The result will be chaos and disorder. The road to immorality and anarchy that the Ramotar administration is taking Guyana along will soon come to an ignominious end with successful passage of the pending No-Confidence Motion in the National Assembly.
Guyanese will then have another opportunity to replace this intellectually bankrupt regime with an alliance that is committed to ensuring that the rule of law and citizens fundamental rights are respected.
Vote for unity and inclusionary democracy. Vote to reject attempts to divide our people against each other. Vote to restore local democracy, morality in public administration, and the right to manage your community. Vote for A Partnership for National Unity.
