With neither side prepared to move forward, the hearing previously set to facilitate the assessment of costs to be awarded to Ramps Logistics against the Government, has now been deferred to March 1st.
When the matter was called before acting Chief Justice Roxane George SC yesterday morning to determine the quantum to be paid, neither the State nor Ramps was ready to proceed, which resulted in the adjournment.
Further, CV Satram—one of the lawyers representing Ramps—hinted that there may well be a formal withdrawal of the assessment for costs, though he was quick to clarify that talks are still ongoing.
In the circumstances, Justice George granted the adjournment for a status report from the attorneys on what course would finally be taken.
Background
Finding that Ramps Logistics had satisfied every requirement of the Local Content Act, the Chief Justice in a ruling delivered on November 11th last, ordered Head of the Local Content Secretariat Martin Pertab to ensure that the Company was issued its Certificate of Registration.
In keeping with the Order of the Court, Government later issued the Certificate to Ramps. It had hinted at an appeal, but none was ever filed.
Ramps, whose parent company is Trinidadian, had moved to the Court for judicial review seeking a number of declarations, among them that the decision of the Minister of Natural Resources and/or the Secretariat on June 8th 2022 refusing to grant the certification was unlawful.
Ramps Guyana which considers itself a Guyanese company since it is registered here and has been in existence since 2013, argued that it was entitled to be issued a certificate of registration and to be entered into the Local Content Register in accordance with Section 6 of the Local Content Act.
In her ruling, the Chief Justice (CJ) found that Ramps Logistics had satisfied every requirement of the Local Content Act and made the order for the company to be granted certification.
The CJ had said that both the Minister and the Secretariat had breached the Act. In fact she made it clear that “the Minister had, and has no authority under the Local Content Act, to grant or refuse certification.”
Further, she said that the Secretariat misconstrued the Act and had taken irrelevant factors into consideration, such as pending criminal charges against the company which she said had “absolutely” no bearing in the determination of whether certification should be granted or not.
Under the existing contract the company facilitates logistics for vessels between Guyana and Trinidad, customs brokerage, clearing of equipment and cargo coming through local ports among other functions.
