Lawyers for the Shipping Association of Guyana (SAG) yesterday filed a motion in court to challenge the city’s move to charge $25,000 per container parked in Georgetown and for the traversing of vehicles carrying containers.
The move yesterday came a day after much disruption at several Georgetown wharves after city officials erected barricades and prevented container-bearing trucks from leaving. City officials gave conflicting information on Tuesday for the reason behind the blockade but during the operation a $25,000 fee was demanded for each truck exiting the wharves as a “road assessment” fee.
In his affidavit in support of the motion for Orders Nisi to be issued against Town Clerk, Royston King quashing both fees, SAG’s Secretary Ian D’Anjou deposed that he was informed by Alan Fernandes, a Director of John Fernandes Limited that on July 19th at around 3 pm, a delegation from the city headed by Assistant Town Clerk Sherry Jerrick descended on the junction of Water and Robb Sts which leads directly out of the gates of John Fernandes. Upon the directions of Jerrick, the affidavit said that several persons erected barricades across Robb St preventing vehicles from crossing and/or turning into Water St. Thereafter, the affidavit said that under Jerrick’s direction, a person drove a motor car and blocked the barricades.
“This caused a long line of vehicles to develop, which continued well within the gates of John Fernandes Limited until there was a virtual gridlock of vehicles”, the affidavit said. It added that Fernandes approached Jerrick and inquired about the reason for the barricades and that she informed him that “no motor vehicle transporting a shipping container would be allowed to pass the barricades unless proof of payment of a fee of $25,000 was provided”.
Fernandes, the affidavit said, stated that he was only a representative of the shipping company and that the responsibility for such a fee rested with the consignee of the cargo in the shipping containers. He then offered to pay the fee of $25,000 that was demanded for a total of 30 containers and this “seemed to find favour” with Jerrick.
The affidavit said that around 4.30 pm Jerrick instructed the persons under her direction to remove the barricades and the vehicles that were blocking the road. Vehicles transporting the containers were then allowed egress. During the blockade period, 25 containers were prevented from traversing the area.
D’Anjou’s affidavit said that the city team then moved on to Muneshwer’s Ltd om Water St. The affidavit reported Muneshwer’s Director, Robin Muneshwer as saying that at around 2.30 pm on July 19 he witnessed barricades being set up by unknown persons at Water and Church Sts north and east of the roundabout. This was again being done under the instruction of Jerrick. The affidavit said that he was informed by Jerrick that vehicles carrying containers were required to pay $25,000 before they could be permitted past the barricades.
On enquiring about the basis of the charge, the affidavit said that Muneshwer was told by Jerrick that he could go to Town Hall to meet the Town Clerk and peruse the law. Fellow director and attorney at law Robert Hanoman was then summoned and when Jerrick was questioned she cited the Municipal and District Councils Act, Chapter 29:01 (Roads and Traffic Control) Sec.273 -276 Regulation of use of road for specific weight vehicles.
D’Anjou says he has been advised that these sections are inapplicable for the imposition of any fee or tax in relation to the traversing and/or parking on city roads of vehicles with containers. He then prayed for the various orders.
Earlier in the week, the city was forced to withdraw a case in the magistrate’s court against a company over the $25,000 container fee as the charge was deemed to be bad in law.
