Lawyers working with the Movement Against Parking Meters (MAPM) have assured the public that the contract between City Hall and Smart City Solutions (SCS), which is at its core immoral, can easily be revoked.
“The contract can be rescinded. It’s nothing difficult, it’s not as onerous as they say. Any attorney worth their salt can probably get you out of this contract,” Attorney Pauline Chase assured a group gathered in the auditorium of the Saint Stanislaus College yesterday. Chase was one of three lawyers on hand to explain the legalities of the project.
The MAPM, which has been at the forefront of organized efforts to boycott the controversial Georgetown Metered Parking project, yesterday held a Town Hall meeting during which members of the public were provided with detailed explanations of the terms and implications of both the Metered Parking Contract and the Metered Parking bylaws.
While the actual attendance did not approach the numbers that the three silent protests organized by MAPM have enjoyed, those present took the time to vent their frustrations about the project and seek clarification on possible ways forward.
Attorney Ronald Burch-Smith, addressing those gathered, stated that the City Council has given every indication that it will not change its mind about the project.
“They are wedded to it. They are going down with this ship. The only possibility of it coming to an end is if central government realizes it is completely immoral and wrong and puts a stop to it,” Burch-Smith said.
One member of the audience however asked for a more concrete explanation as to how the City Council could break the contract without exposing itself and citizens to the terms of the indemnity clause.
This clause which the Attorney General’s Review referred to as a “terror clause” states that “if the city unilaterally terminates the agreement, it would be bound to pay the concessionaire a lump sum payment equivalent to (i) the total direct and indirect, hard and soft cost cumulative gross investment of the concessionaire in the project; plus (ii) an amount equal to 15% of the direct and indirect hard and soft cost cumulative gross investment of the concessionaire in the project; multiplied by the number of years (or fraction) remaining under the term…(iii) the reasonable out of pocket and documented costs and expenses incurred by the concessionaire as a direct result of such termination.”
Boycott
In response, Attorney Nadia Sagar advised persons to keep boycotting the project, an action which would invoke the force majeure clause within the contract.
Chase also insisted that legal minds can break the contract. “We have the excuse of we are tied. The contract can be rescinded it’s nothing difficult… [Firstly] it is unenforceable because the council is empowered to enter into agreements but the council hasn’t even seen the contract so how can it be taken that they have entered into an agreement? Secondly, the jurisdiction under the contract is Guyana so any action to be taken by SCS would be in Guyana. They would be hard pressed to beat us in our own courts. I would be embarrassed if they do so and I don’t think they can, so the contract can be rescinded and it can be rescinded very easily. Thirdly how is SCS going to enforce any judgement they may be granted? It’s just a flippant excuse to say we are tied to this contract,” Chase argued.
Speaking on the bylaws Chase stated that in several instances they offend natural justice and infringe the constitutional rights of citizens. One major area of concern is the lack of opportunity for redress under the stipulations.
Chase explained that while the Municipal and District Councils Act Chapter 28:01 grants the council the right to draft bylaws to set out the rules and procedures for metered parking, the rules and procedures in the bylaws cannot exceed the authority of the act.
“So no new powers can be granted in the bylaws, no new authority, which are not in the act,” Chase stressed.
She took time to note that the content of the bylaws are draconian and unconstitutional.
“Any infraction can result in a fine of $150,000 and three months imprisonment. For a parking a violation you can find yourself in prison for up to three months,” Chase said stressing that if the bylaws are allowed to stand we will have a foreign company enforcing traffic laws in Guyana, a responsibility which should lie with the police.
She also called into question the provision which grants SCS the right to sell any vehicle left unclaimed for 90 days.
This, she argued, is in breach of all natural law principals as it sets up SCS as judge, jury and executioner via a subsidiary legislation.
“They are attempting to remove the entire court system which is unconstitutional. We all have a right to redress. How can a subsidiary legislation remove our right to redress?” Chase asked.
Meanwhile when the city resumes implementation of the metered parking on Monday it is likely to be faced with at least one application for contempt of court. According to Chase, the two nisi orders which were granted last week should have led to the city suspending the project until a determination by the court.
The New Building Society was granted an order to have Minister of Communities Ronald Bulkan and Town Clerk Royston King show cause while the bylaws should not be quashed. This application claims that the procedures for the crafting of bylaws were not followed since City Hall failed publish in the Official Gazette a 14-day notice of its intention to seek approval of the bylaws from the minister. This case will be heard on Monday.
A second order granted in relation to an application by Mahendra Arjune, a clerk at the Cameron and Shepherd law firm, calls on the Mayor and Town Clerk to show why the contract should not be quashed.
‘We are suffering’
Chairman of the Private Sector Commission Edward Boyer, who among the attendees declared to loud cheers, “We are suffering. This is ludicrous. We are not arguing for or against any political party. This is in the national interest. All of us going to be suffering. They cannot impose laws on us. We will protest and protest and protest.”
He condemned the City Council for pushing forward with the project without proper consultation and persisting in the face of mass opposition even as he declared that every single business in Georgetown has suffered a loss of over 30-40%. Boyer predicted that if these situation persists Guyana is likely to see a collapse of the banking system as they will have to repossess the property of those who are in arrears.
He explained that those cities which have successful parking meter systems are those which have a proper public transportation system.
“In these countries there are other options to parking, here it is a necessity,” he stressed before bemoaning the contract as a “fire sale. We cannot sell Guyana. Let’s get rid of them. We are speaking in the national interest.”
One attendee rose to explain that while he admired the anger being vented; anger was not a plan and venting was not a strategy. He called on the people now mobilized to transform this new interest into political activism.
According to another attendee, the parking meter issue is one which has redefined how he sees himself as a Guyanese and forced him and others to move towards issue-based voting.
Following this reasoning, Deputy Mayor Sherod Duncan and Deputy Mayor-Elect Lionel Jaikarran both of the AFC along with PPP/C councillors Bishram Kuppen and Khame Sharma, who were present, were asked to defend the position they held on the project and explain their actions on the council.
The four councilors each stood and explained that they had never been party to the contract, and, with the exception of Kuppen, had never seen the contract.
Duncan, who has been at the forefront of opposition to the project detailed how personally difficult it has been for him to oppose Mayor Patricia Chase-Green, a family friend and political colleague.
“I have known the Mayor personally and it has been very difficult for me to go against someone I have in the past held in high regard,” Duncan told the gathering before explaining that his actions have been inspired by his dedication to creating a better life for his two sons.
Duncan’s appeal to the crowd drew empathetic support and saw him being hailed, while the attendees stood to put other constituency councillors on notice.
“Let them know we are watching them,” one audience member said.
