High Court Judge Navindra Singh has dismissed an application which had been filed by the Georgetown Mayor and City Council (M&CC), challenging the legality of the Local Government Commission.
This is according to a press release yesterday from the Chambers of Attorney General Anil Nandlall SC, who along with the Commission were listed as Respon-dents in the fixed date application (FDA) brought by Council.
According to the release, the fundamental issue raised by the M&CC was that the establishment of a Local Government Commission (LGC) by Article 78A of the Constitution; and the vesting of power in it to regulate and staff Local Government Organs (LGO), and to resolve disputes within and between the LGOs; collided with and was inconsistent with Article 75 of the Constitution which provides for the autonomy of LGOs.
According to the release, when the matter came up for hearing back in May, Nandlall submitted that it was always the intent of Parliament to repose authority in a Local Government Commission to deal with all matters relating to the regulation and staffing of local government organs and the power to exercise disciplinary control over local government officers.
This, he is said to have pointed out, was evidenced in Sections 13 and 120 of the Local Government Commission Act 2013 (No. 18 of 2013) Sections 97, 114 (now repealed) and 118 of the Municipal and District Councils Act.
The release said Nandlall argued further that the legislature “in their wisdom to alleviate any ambiguity as to their intendment of the role and functions of the Commission, went a step further and enacted the Local Government Commis-sion after the Municipal and District Councils Act, Cap 28:01, was updated in 2012.”
He is said to have also advanced that “the Constitution itself is replete with examples of one organ that is ostensibly autonomous and independent being staffed by another organ, as well as its functions being in some way regulated by another agency,” arguing further that “this holds true for many statutory agencies as well.”
The release provides no details of the ruling, saying only that last Friday Justice Singh dismissed the application with cost awarded to the Attorney General and the Commission in the sum of $200,000.
According to the release, among the declarations and orders which were being sought by the M&CC were that the establishment of the LGC by Parliament by the Local Government Commission Act was contrary to Article 75 of the Constitution of Guyana and therefore void to the extent of its inconsistency.
The release said the Council contended that alternatively, Section 13(1) & (2) of the Act were contrary to Article 75 and are therefore also void to the extent of its inconsistency; as was Section 118 & 119 of the Municipal and District Councils Act.
The release said that the Council was represented by attorney Brendan Glasford, while the Local Government Commission was unrepresented.
