Dear Editor,
My attention was drawn to Notices sent by the overseers of three of the Neighbourhood Democratic Councils that are the subject of the recently filed court proceedings. These Notices purport to invite Councillors to attend meetings of the NDCS. The NDCS are Malgre Tout /Meer zorgen, Industry / Plaisance and Gibraltar/Fyrish.
An Order or Rule Nisi of Certiorari has been issued quashing the decision of the Minister of Communities, Ronald Bulkan to select Chair Persons and Vice Chair Persons of these NDCS. These persons have also been restrained by an Order or Rule Nisi of Prohibition, from acting as or performing the functions of Chair Persons or Deputy Chair Persons in respect of the said NDCS. The legal effect of these Orders of Court are that the selection of these officials have been put on hold and these persons are injuncted from acting in those capacities.
If these officers attempt to function as office holders they would be violating the letter and spirit of the Orders of Court. I hope they are receiving legal advice on these issues.
I observed in the press the explanation proferred by the Attorney General and the Minister of Communities, attempting to justify the course of action which has been taken in respect of the Local Authority Organs that have tied seats between the PPP/C and the APNU+AFC.
Their interpretation of the relevant sections of the Municipal and District Council Act Chapter 28:01 is simply absurd.
Section 13 (6) of the Act is expressed in clear language which is incapable of an ambiguous or equivocal interpretation. It provides:
“If there is no election on account of an equality of votes the Town Clerk shall appoint a date not later than the 28th December in the same year for the election of Mayor from among such candidates by the voters whose name appear on the Register of Voters for the time being in force for the city.”
Section 39 of the said Act applies section 13 and related sections mutatis mutandis to NDCs.
Inexplicably, the Attorney General and the Minister of Communities are both interpreting the election referred to in 13 (6) as an election done among the elected Councillors when the clear language of the section says it is an election “by the voters whose names appear on the Register of Voters for the time being in force for the city”.
Such an interpretation is manifestly and patently incomprehensible. Moreover, they have failed abysmally to respond to the fact that in 1994, the identical position obtained at the Gibraltar/Fyrish NDC and fresh elections were held where registered voters in that Local Authority area voted to break the tie and elected a Chairman. Kenneth Joseph, the General Secretary of NAACIE was elected Chairman at that election. That aspect of the law did not change. Mr Joseph is still around and can speak on this issue.
Yours faithfully,
Anil Nandlall
