Dear Editor,
I have noticed in the media that the Jawalla Village Council is complaining about a decision handed down by the High Court stating that the Mazaruni River is not part of the Amerindian Titled Lands.
The reason for the High Court decision resulted from the Jawalla Village Council filing an ex parte application in the Full Court for an injunction to stop Timna Mining Guyana Inc. from trespassing and mining on village lands, and to stop the GGMC from issuing permission to the Company to operate within the boundaries of the Village property. Chief Justice Ian Chang and High Court Judge Rishi Persaud ruled that as the Mazaruni River is not a part of the Jawalla Village property, the application for the injunction would be refused.
The Council claims that they were not represented in the matter that they filed before the court. For the record, the Council retained the services of Hughes, Fields and Stoby and was represented by no other than the eminent citizen, politician and legal eagle Mr. Nigel Hughes at the Full Court hearing.
Additionally, the Village Council complains that the mining is polluting the river creating problems where the village cannot access clean water, and in this particular case, the Village youth can’t swim etc.
What is noteworthy is that the Village Council did not inform the media that for a Village with a population of approx. 1400; Jawalla residents own and operate about forty four land dredges. Needless to state that these land dredges will produce more mud and silt than a river dredge. Additionally at the time the complaint was filed, a relative of the Village Captain, had a river dredge working in close proximity to the Timna Mining Dredge.
The undersigned noted with great interest the statement of Minister Trotman, at a meeting he held with the Board of Directors, GGMC, stating there will be no longer free passes. I hope that this sentiment would be communicated to the Amerindian Communities which are involved in mining, since it is well known that several mining operations are being conducted illegally, i.e. without the permission of GGMC and in violation of the Mining Act and Regulations.
It must be made pellucidly clear that being an Amerindian does not exempt you from the Laws of Guyana, which includes the Mining Act/Regulations and the Tax code. To be pointed, it means receiving permission from GGMC to operate your mining equipment, be subject to inspections by GGMC of your mining operation, lodge the necessary environmental bonds like all miners, sell your gold to the Gold Board or Licensed Dealer, pay your royalties, taxes as well as the tax for your tributors.
Yours faithfully,
Edward Shields Executive
Director (Retired)
Guyana Gold and Diamond
Miners Association
