Attorney-at-law Anil Nandlall has signalled his intention to file contempt proceedings following the Finance Minister’s failure to pay sums awarded to two women who had challenged the Central Housing and Planning Authority’s (CH&PA) decision to repossess their homes.
Gaytrie Singh, a resident of Parfait Harmonie won her case in November, 2016 and was awarded $200,000, while Linda Persaud won her case in December 2016 and was awarded $275,000. The judgments were handed down by then acting Chief Justice Yonette Cummings-Edwards SC.
Nandlall, in a statement last Tuesday, said that since then neither woman has received the money awarded to them. In both cases, he said, the orders made were served on the Attorney General and letters were sent requesting payment of the sums ordered by the said judge but no payment was made.
As a result of this, Nandlall said, he wrote to the Registrar of the Supreme Court requesting that a copy of the High Court order granted by Justice Cummings-Edwards be transmitted to the Minister of Finance with a request from the said minister for the money due owing and payable under the respective orders pursuant to Section 14 of the State Liabilities and Proceedings Act Cap 6:05, Laws of Guyana. In two letters, he said, he further requested the Registrar to convey to the Minister of Finance that if the monies are not paid within 21 days, legal proceedings would be filed compelling the Minister to obey the relevant section of the State Liabilities and Proceedings Act.
Letters regarding this matter were sent by the Registrar of the Supreme Court to the Minister of Finance on January 24, 2017. In the letters, the Registrar of the Supreme Court called on the Minister to pay the sums of money awarded in the judgment by a warrant under his hand, in accordance with Section 14 of the State Liabilities Act.
“Still yet no payment was made by the Minister of Finance,” Nandlall said.
According to Nandlall, on May 10, 2017, both women, through him, filed separate applications to the High Court for an Order Nisi of Mandamus, compelling the Minister of Finance by a warrant under his hand to direct the sums to be paid forthwith, awarded to the applicants as damages for breach of their fundamental rights as guaranteed by Article 142 of the Constitution of Guyana and to show cause why these Orders Nisi of Mandamus should not be made absolute.
Both applications were heard by acting Chief Justice Roxane George SC and the said orders were granted on May 19, and the matter was adjourned to June 6, 2017. However on that date no one appeared for the Minister of Finance and the Orders Nisi of Mandamus were made absolute.
In addition to the original sums, the court also awarded $100,000 costs to both women.
Nandlall said these two orders will now have to be served on the Minister of Finance and if not obeyed then proceedings will be filed against him “seeking to commit him to prison for contempt of court.”
He said that these “long and elaborate procedures had to be embarked upon at great expense and valuable judicial time lost because of a refusal by ministers of the government to obey court orders. The law does not permit levy execution to be carried out against the State. Hence, this protracted process. Again I reiterate that this can easily be avoided if court orders are obeyed. But there seems to be a deliberate policy to disrespect judges and the judiciary. Therefore, the law will be used to the very end to ensure that there is compliance with orders of court. Contempt proceedings will be filed shortly if the Minister of Finance continues to flout the order of the court, the principle involved is much greater than the sum of money to be recovered.”
