The Georgetown municipality yesterday withdrew an action filed against a company for payment of the recently enforced container fee after it was deemed to be bad in law.
Attorney Sase Gunraj, who represented the company, Crown Mining, has also advised the Private Sector Commission (PSC) that City Hall’s application of the fee is “arbitrary and unlawful” and cannot form the basis of any successful prosecution.
Crown Mining and other city businesses were summoned to court after they were served with letters from City Council, which has sought to apply fees on shipping containers on the city’s streets.
The matter was called before magistrate Annette Singh in Georgetown Magistrate’s Court 11 yesterday.
Gunraj argued that the city has filed a charge that is bad in law, while noting that the section upon which they are relying to impose the fee does not allow for such.
Magistrate Singh upheld the argument and ordered that the case be withdrawn.
Following the announcement of the application of the container fee, the Private Sector Commission (PSC) had sought legal advice from Gunraj.
In a letter to the PSC Chairman Edward Boyer, dated June 30, 2016, he concluded, “…it is my respectful opinion that this attempt by the Mayor and City Council of Georgetown is arbitrary and unlawful and the section upon which they are relying cannot form the basis for a successful prosecution in a Court of Law.”
In the letter, seen by Stabroek News, Gunraj highlighted the relevant section, from the City (Markets) By-laws appended to the Municipal and District Council Act, which states, “All good or livestock taken from any vessel alongside any market stelling and landed at any other stelling or place within the City shall pay market fees, if they have not been already paid at the entry of the vessel; and any person refusing to pay the fees for goods or livestock so landed shall be liable on summary conviction to a fine of five thousand dollars.” He said the section has no application to the landing of vessels at private wharves as they are not connected to or with markets of any kind.
Gunraj also pointed out that the penalty for non-compliance with the “purported fee” was far less than the fee that was being demanded.
During the statutory meeting of the city council on Monday, Councillor Alfred Mentore, of the APNU+AFC, he questioned if the implementation of the fee was lawful and was told by the Town Clerk Royston King that persons were taken to court and were required to pay.
However, councillors had agreed to review the policy, which was adopted under the previous council.
