The People’s Progressive Party/Civic is preparing to convene a consultation with all parliamentary parties on the nominees for the Local Government Commission (LGC) even as it calls on Minister of Communities Ronald Bulkan to convene a meeting of the 71 local government authorities (LGAs) so that his nominee could be selected.
Bulkan has for months maintained the LGC will be operationalized once Leader of the Opposition Bharrat Jagdeo states whether he satisfied the requirements of the legislation and “consulted with all parliamentary parties” when deciding on the names he submitted as commissioners. The minister has maintained this position despite the opposition having claimed to have submitted a response to this query in July, 2016.
Jagdeo had, in that same month, identified former Georgetown town clerk Carol Sooba and former local government ministers Norman Whittaker and Clinton Collymore as his three nominees for the commission.
In April, the Committee of Appointments named Andrew Christopher Garnett of the Guyana Local Government Officers’ Union as the nominee from the trade unions. This nomination was approved by the House in August.
According to the legislation, the commission will be made up of eight members: three nominated by the president, one nominated by the minister after consultation with the 71 LGA, one nominated by unions operating in the local government sector and three nominated by the Leader of the Opposition after consultation with all parliamentary parties. The PPP/C has construed the consultation with all parliamentary parties to be applicable only if there were multiple opposition parties. There is only one – the PPP/C – and therefore the only other party to be consulted would be the governing APNU+AFC. It appears to be a case of a badly drafted law as it is not thought that the Leader of the Opposition should have to consult with the governing party about his nominees to the LGC. Bulkan has however insisted that this be done.
Opposition Chief Whip Gail Teixeira, speaking with Stabroek News on Thursday last, stated that while her party recognizes that the intent of the law was for the opposition leader to consult all parliamentary opposition parties, the PPP/C was willing to play along.
“If it is our fault we’ll convene a meeting and listen to all parties but the discretion still remains with the Opposition Leader to select his nominee,” Teixeira explained noting that the process will be similar to the consultations held to identify nominees for Chairman of the Guyana Elections Commission (Gecom).
“We had those consultations and received about 30 names from which we made a selection, we’ll do the same here,” Teixeira said, adding that the invitation to the ruling APNU+AFC, the only other parliamentary party will go out this week.
Teixiera further stated that once this consultation is held she would like to hear from Minister Bulkan why he has not issued a commencement order, convened a meeting with the LGAs or announced the President’s three nominees.
“Where are the three names from the President? Why can’t the government say who are the presidential nominees? Why hasn’t the minister convened the LGA meeting and why hasn’t he issued the commencement order which he claimed we never issued?” Teixeira asked.
Though Bulkan has for months maintained that the government has a shortlist of suitable candidates under consideration, their names remain a mystery.
He told the National Assembly in November that the administration was consulting as it was “being exceedingly careful that its nominees can meet the test of the legislation.” Before becoming minister, Bulkan had been critical of then minister of Local Government and Regional Development Norman Whittaker for not moving to operationalise the commission. His party, APNU, had also called numerous times for the commission to be established.
Further, one of the AFC’s key demands for its support of anti-money laundering legislation in 2014 was the signing of the commencement order for the Act to take effect.
Since winning the May 11, 2015 elections, however, the APNU+AFC government has not moved with alacrity to establish the body.
The commission is provided for in Guyana’s Constitution. Article 78 (a) reads: “Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.”
The Bill to enable the establishing of the Commission was passed in the National Assembly in August 2013 and in November that year received presidential assent. However, a Commencement Order to be issued by the minister is required for it to be brought into effect.
The commission’s functions, outlined at clause 13. (1) of the Act, says it shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff and with dispute resolution within and between local government organs, and in particular, shall monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment.
It also has the power to monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance; investigate any matter under its purview and propose remedial action to the minister, whenever or wherever necessary; monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs and to make recommendations for any legislation or any amendments to any legislation and or policy to the minister; and examine and propose ways of enhancing the capacity of local government organs.
The commission will oversee not only municipalities and NDCs but also Regional Democratic Councils as well as Amerindian Villages. The Act, at Clause 13 (5) states that in the discharge of its functions the commission shall have regard to the provisions of the Municipal and District Councils Act (Cap. 28:01), the Local Government Act (Cap. 28:02), the Local Democratic Organs Act (Cap. 28:09), the Amerindian Act (Cap. 29:01), and any other provisions bearing on matters of local government.
In April 2014, APNU had urged the then PPP/C administration to respect the Constitution by establishing the commission without further delay.
