Former Attorney General Anil Nandlall is challenging the validity of the Region Five Rice Assessment Committee and its authority to determine any claim before it, owing in part to the non-appointment of the Judicial Service Commission (JSC), which is required to advise on its Chairman.
Recently, the Mahaica, Mahaicony, Abary-Agricultural Development Authority (MMA-ADA) filed a claim with the Committee against several farmers for outstanding payments related to rent and drainage and irrigation fees. The issue is related to an increase in these fees from $1,000 to $7,000 for rent, and from $2,500 to $8,000 for drainage and irrigation, per acre, annually.
Appearing before the Committee on behalf of the farmers this week, Nandlall argued that the Committee is currently constituted in a manner contrary to the Rice Farmers (Security of Tenure) Act, and therefore lacks the jurisdiction to hear or determine this or any claim before it.
Making submissions to the Committee, Nandlall said section 8 (2) of the Act requires the Committee’s Chairman to be a magistrate, or a person with qualifications prescribed under regulations promulgated by the Minister of Agriculture in consultation with the JSC. The proviso also dictates that where the Chairman appointed is not a magistrate, that person must be appointed by the Minister of Agriculture on the advice of the JSC.
Importantly, Nandlall says that the current Chairman is not a magistrate, but an employee of the Ministry of Agriculture, which means that the JSC has to be consulted on the regulations setting out the qualifications of the current Chairman. Further, the minister was required to appoint the Chairman on the advice of the JSC.
The last JSC was appointed by former President Donald Ramotar on 11th September 2014. Since Article 198 (3) (a) of the Constitution of Guyana limits the tenure of the JSC to three-year cycles, the last JSC expired the 11th September 2017, more than two years ago. No JSC has been appointed since.
Since the Official Gazette, dated 14th July 2018, puts the appointment date of the current Committee at 27th June 2018, there was no JSC in existence at the time the Chairman was appointed to consult on regulations setting out qualifications, and to advise the minister on the appointment of the Chairman, which, again, was required since the Chairman was not a magistrate.
In these circumstances, Nandlall contends that the Committee “was not established in accordance with section 8 of the Act, is unlawful, having no jurisdiction to hear and determine any application made under the Act.”
Bias
Nandlall also contends that the Chairman, an employee of the ministry, can be perceived as being biased, thereby prejudicing his (Nandlall’s) clients’ rights to a fair trial as provided for under Article 144(8) of the Constitution and Section 9(3) of the Act.
Nandlall says that the Chairman is also the Corporate Secretary of the National Drainage and Irrigation Authority (NDIA), a statutory body under the ministry, which works closely with the MMA-ADA, another agency under the ministry.
“In short, the Minister has appointed one of his employees, to preside over legal proceedings brought by one of the Ministry’s departments against the citizenry”, Nandlall contends. The effect, he says, is that the agriculture ministry is presiding over, and will give a determination in a claim being made against it.
This violates the right of citizens to a fair hearing by an impartial tribunal guaranteed under Article 144(8) of the Constitution, Nandlall argues.
Section 9 of the Act disqualifies a person from being a member of the assessment committee where they are personally interested, or in the case of a company interested, if he is directly or indirectly interested in its affairs, or if he is a servant or agent of any person or company.
Nandlall said that the matters were adjourned until the 12th November 2019, when the Chairman of the Committee will rule on the submissions made.
