Transparency Institute Guyana Inc. (TIGI) continues to be vocal on a range of corruption issues hampering anti-corruption efforts and stymieing development in Guyana. But while the awareness that TIGI’s advocacy raises is immeasurable, in the absence of litigation, TIGI’s ability to effect change will remain in question, observers say.
This is especially in light of the fact that the coalition government continues to demonstrate a willingness to ignore criticism, and defy judicial decisions.
Recent subject matters of TIGI’s advocacy include compliance by public officers with the Integrity Commission Act, and an allegation that the award of petroleum exploration licences ought to have been put to tender pursuant to the Procurement Act, Cap 73:05 (Cap 73:05).
In an article published in the September 4 edition of Stabroek News, TIGI contended that every exploration licence awarded without public tender, including the exploration licence related to the 2016 Production Sharing Agreement between ExxonMobil and the Government of Guyana is illegal.
Speaking to Stabroek News recently, TIGI President, Dr. Troy Thomas acknowledged his realisation of the need to add litigation to the organisation’s arsenal of advocacy tools. In line with this realisation, he said that TIGI has been seeking local and international partners since last year, but to no avail.
On the issue of the legality of the petroleum exploration licences awarded without being put to tender, Thomas explained that a lawyer approached by the body said that the issue would require a lot of time and work, and that, as a result, he could not render his services for free.
Dr. Thomas shared that TIGI has also engaged the International Senior Lawyers Project (ISLP), an international organisation which provides pro bono legal services to governments and civil society organisations in an effort to support just, accountable, and inclusive development. Dr. Thomas said that the lack of local partners was fatal to this effort as ISLP still requires local lawyers to guide whatever process it would be part of in Guyana.
Dr. Thomas also said that TIGI’s effort to litigate important matters saw a proposal being submitted to Open Society Foundation, a philanthropic organisation which operates internationally to support civil society organisations toward advancing justice and independent media. This attempt was also unsuccessful.
Dr. Thomas explained that initially, TIGI had held off on publishing the content of its September 4 article because it had a desire to litigate the issue. However, realising that this would not be a reality in the near future, he said a decision was taken to “make persons aware” of the position.
Litigation works
Other cases have proven that litigation might be the most effective manner of confronting government.
Political Directive to Police Service Commission
In 2017, Shadow Legal Affairs Minister, Anil Nandlall, filed an action challenging the constitutionality of a directive sent by then Minister of State, Joseph Harmon, to the Police Service Commission (PSC) in the name of President David Granger. The directive, sent July 26 2017 purported to direct the PSC to halt any promotions it was considering. Chief Justice Roxane George eventually ruled that the directive was unconstitutional.
Parking-meter bylaws passed in breach of process
Also in 2017, Justice Nareshwar Harnanan quashed Parking Meter By-Laws which were implemented in breach of established procedure. Before the action was taken to court, civil society organisations had tried in vain for months to have the contract between Smart City Solutions and City Hall rescinded, but City Hall was, instead, seeking to renegotiate the terms of the contract. The plans for metered parking were only scuttled after the court’s decision.
No confidence cases
Last year, the current government was defeated by a no-confidence motion, but challenged the decision in court.
The matter progressed to the Caribbean Court of Justice (CCJ), which eventually ruled that the current government was defeated by a validly passed no-confident motion, and that, among other things, the provisions of Article 106(6) of the Constitution of the Cooperative Republic of Guyana was activated. Article 106(6) provides that when the government is defeated by a confidence vote, the President and Cabinet shall resign.
