The Alliance for Change (AFC) opposes the mooted acquisition by the government of two lots on Carmichael Street as it doesn’t rise to the level of an utter necessity and any such matter would first have to be debated by Cabinet, party leader Khemraj Ramjattan says.
‘I speak here as the AFC leader that it, (compulsory acquisition) must come up to Cabinet for a consent before it could be approved and we have to hear the debates and hear the arguments of why it is needed,” Ramjattan, also Minister of Public Security in the APNU+AFC government told Stabroek News.
“Unless it gets that approval, we are not going to, in any way, support that specific act of compulsory acquisition,” he further stressed.
Ramjattan explained that his party would only make a decision, at the cabinet level, after it feels that the argument for the act is justified and that it should be a last resort having tried all other means.
“The AFC’s position on compulsory acquisition is that it must be used only, when there is what is called ‘necessitous circumstances’. That is for example, say if you want build a road to Lethem and it passes through a piece of land belonging to a company or private individual and it will cost so much more to do a bypass and all of that, then it may be necessary,” he asserted.
Further, Ramjattan, who is also a Vice President, said, “It must always be very sparingly (used). It must not to be used willy-nilly, simply because certain individuals in government might feel it is necessary to compulsorily acquire, no. It must also get Cabinet’s consent, an elective Cabinet decision must be made and it must have, at the AFC level, its input and consent too.”
The AFC leader pointed to the controversy surrounding the planned acquisition of the two private properties on Carmichael Street that belong to Guyana’s High Commissioner to Canada, Clarissa Riehl and her husband, Thurston, and the Beharry Group of Companies. Riehl’s land is located at the corner with Middle Street, while the Beharry plot is immediately north, next to the ministry’s building.
Ramjattan said that his party has also taken note of the issue and that Attorney General Basil Williams has been asked by Cabinet to present a report on the matter, a decision that he approves of.
“We (Cabinet) have asked …as was said by Minister (of State Joseph) Harmon, that the arguments should be put in writing by the Attorney General. That is the proper approach and if it is not worthy at this stage then it will not be approved,” Ramjattan said.
“It is not to be continued, that is, this matter of the Beharry’s and the new Ambassador to Canada’s land … it will not get the approval of the AFC and that is how we are going to do it… The AFC, while in opposition, was very critical of the PPP government (on the issue of compulsory acquisition) and they are going to maintain that position,” he added.
A Stabroek News report that Riehl was blindsided by the government move to acquire the lot created pressure on the Granger administration to explain its stand. Acquisition of private property by the state has been a sensitive matter for decades.
The government last month issued the Acquisition of Lands for Public Purposes (Government Buildings) Order 2016, indicating the proposed construction of the land at the east quarter of Lot 92 Middle and Carmichael streets and declaring it a public work. This was the first public intimation of an intention to take the two pieces of land.
The order granted permission to the Commissioner of Lands and Surveys, together with his agents, to enter upon the land for the purpose of surveying with a view towards acquisition of the whole or a part.
It was signed by Minister of Public Infrastructure David Patterson, who is an executive of the AFC, but he has since distanced himself from the matter and has said all questions on the matter should be directed to the Attorney General.
Both Riehl and the Beharry Group had declined offers made by the previous PPP/C government to acquire the lands and the matter was not pursued.
The Private Sector Commission (PSC) also spoke on the issue, warning government that such actions can impact on investments here.
“Such moves by any government are always viewed with a high level of skepticism and reservation by investors globally. Whilst such acts may be legal, they dampen investor confidence as they deem their right to own property to be insecure and their investments to be under threat,” a statement from the PSC had asserted.
“The Private Sector Commission calls on the Government of Guyana to be very cautious when invoking their right to acquire private property for public use and to ensure that adequate transparency, thought, public consultations and justifications are made to avoid unnecessary controversy when such decisions are taken. The Private Sector Commission wishes to highlight to the President and the Cabinet that the current transaction being pursued has caused many owners of private property to be in a state of trepidation. The Government needs to clarify their policy and position on this matter,” it added.
After the controversy blew up, the Attorney General denied that government had compulsorily acquired the private properties, saying the order issued to allow for surveying works was a prerequisite for negotiations with the owners.
He had said too that he inherited the plan from the former People’s Progressive Party/Civic government. That party immediately denied Williams’ assertions and called on him to produce evidence to substantiate his claims.
Minister of State Harmon on Friday announced that Williams has up to tomorrow to provide a report on the matter to Cabinet before a decision on the way forward is made.
Harmon’s disclosures contradicted Williams’ public statements that he was not asked by Cabinet to report on the matter. “That is the time that it is expected. The AG will provide a report to Cabinet and Cabinet will deliberate on the matter and the public will be informed at the post-Cabinet press briefing,” Harmon informed.
Sources close to the government have told Stabroek News the government will not pursue the compulsory acquisitions.
