The International Decade for People of African Descent Assembly-Guyana (IDPADA-G) has moved to the courts over the Government’s refusal to pay its $8 million monthly subvention.
The body is seeking an order mandamus directing the Minister of Finance to immediately pay to it, the sum that the Government has committed to.
This move by the organisation comes months after the Government abruptly stopped the monthly payment forcing it among others things, to send staff members home and discontinue some of its activities.
According to IDPADA-G’s attorney, Nigel Hughes, a fixed-date application has been filed and this allows for an expedited hearing of the case.
To support its application a number affidavits from persons, including former Finance Minister, Winston Jordan, who held that position when the government entered into what the lawyer described as a contractual agreement with the organisation, is attached.
IDPADA-G is seeking damages to be determined by the court.
Speaking at a press conference yesterday, Hughes said they are seeking an order from the court for the government to immediately pay over the funds it committed to pay which was passed by the National Assembly and formed part of the appropriation bill signed by President Irfaan Ali.
The application was filed against Attorney General Anil Nandlall, SC; Senior Minister in the Office of the President with responsibility for Finance, Dr Ashni Singh, and Minister of Culture, Youth and Sport Charles Ramson Jr.
The attorney pointed out that successive governments have established a practice to annually provide a subvention to the organisation for it to carry out its programme. The practice was initiated by then President David Granger in 2018 and every year it has been approved and paid since.
Legitimate expectation
Hughes pointed out that this fact creates a legitimate expectation by IDPADA-G to receive the payment and as such there has been a breach of this expectation by the Ministry of Finance’s refusal to make the payment.
The lawyer believes that the organisation is entitled to the intervention and protection of the court in this instance.
He pointed out as well that the termination of the payment was without reason and therefore the application argues that it is tantamount to an abuse of power, unlawful and without base.
In the application as well, the organisation is asking for a declaration by the court that if the government wanted to change its legitimate expectation of the subvention then it should have given notice and invited and offered it an opportunity to be heard as to the reasons why the subvention was being stopped.
However, IDPADA-G was never notified of the government’s intention and as such could not have asked the reason nor were they given an opportunity to be heard.
The application also set out that as a result of the relationship between the government and IDPADA-G, the organisation committed to carrying out certain programmes and relied on the commitment of the Government for this to be done.
The breach of the legitimate expectation, Hughes said the application argues, has resulted in IDPADA-G suffering tremendous loss and having to shed staff and even close a night school. The lives of many persons were affected and the organisation is now exposed to claims of damages and breaches of contracts by those it would have commenced contractual arrangements with on the basis of the monthly subvention.
Chair of IDPADA-G’s Coordinating Council, Vincent Alexander, speaking at the press conference said that it had hoped that the subvention would have continued at least up to 2024 when the decade of observances would come to an end.
He also explained that IDPADA-G has continued its work to some extent even without the subvention but has shifted more into an area of advocacy, revealing as well that they have garnered some donations from persons overseas. They are also in the process of setting up a GoFundMe page as they seek money to continue their programmes.
IDPADA-G, according to its website, was set up to craft the Guyana plan for the International Decade for People of African Descent in keeping with the provisions of the UN resolution inclusive of mechanisms for implementing, superintending, and monitoring the plan as may be deemed necessary. IDPADA-G says that it is an assembly of African organisations and its general assembly is made up of one representative from each of the registered organizations. The organization consists of the General Assembly, a Coordinating Council, a Secretariat and Sub-committees.
Then President, David Granger had started the funding for IDPADA-G in 2018. The organisation’s objectives include expanding Afro-Guyanese’s share in the economy; increasing access to training and employment opportunities; restoring excellence in education, ensuring equity, justice, and the respect for human and civil rights; demanding reparations; and the preservation of Afro-Guyanese’ history and culture.
There has been a public spat between the government and IDPADA-G over several months with the government accusing the body of mismanaging its funds.
Vice President Bharrat Jagdeo has been at the centre of the spat and has since accused the organisation of being a private company and not doing anything to further the development of people of African descent.
Alexander, at an earlier press conference had said that the contentions by Jagdeo are false and aimed at deliberately misleading the public. He had revealed that the government’s “harassment of, and attempt to silence IDPADA-G” took on new life when Minister Ramson instructed that all financial records, including payment vouchers, payroll, contracts, and receipts for expenditures be handed over to the Ministry.
IDPADA-G responded to that request by advising the minister that the Ministry of Finance’s Central Internal Audit Unit had already conducted and reported on an investigation into the Receipts and Disbursement of funds by IDPADA-G for the period 2018 to 2021. Additionally, a copy of the report resulting from that audit was forwarded to the Minister, since his request sought to duplicate what had already been done by the Ministry of Finance.
IDPADA-G also volunteered to have the financial records for the current year (2022) audited by a mutually agreed-to auditor, although those records are statutorily due for an audit at the end of 2022.
