With mediation talks breaking down between the International Decade for People of African Descent Assembly-Guyana (IDPADA-G) and Government, the case is now back before the High Court for hearing.
When the matter was called yesterday morning, attorney for IDPADA-G, Vivian Williams, reported to acting Chief Justice Roxane George SC, that settlement talks had “irretrievably broken down” between the two sides.
He then attempted to explain what caused the breakdown, but was cautioned by the Chief Justice that that was not a concern for the Court—only that mediation failed—and what would be the way forward.
Attorney General Anil Nandlall SC confirmed that the two sides were unable to arrive at the compromise intended through mediation; and went on to indicate that the State already had an affidavit in defence filed, on which it will be relying.
In the circumstances, Justice George then moved on with setting timelines for trial.
She has ordered the IDPADA-G (the Applicants) to file and serve their submissions no later than May 4th; while the Attorney General (the Respondent) is to respond by May 25th.
Arguments have been fixed for June 13th at 1:30.
The Court had earlier this year ordered that the parties go to mediation.
Background
Last December, the IDPADA-G moved to the courts over Government’s refusal to pay its $8 million monthly subvention.
Among other things, the body is seeking an order of mandamus directing the Minister of Finance to immediately pay to it, the sum that the Government has committed to.
The move by the organisation came 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.
IDPADA-G is seeking damages to be determined by the Court, and 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.
Attorney Nigel Hughes—one of IDPADA-G’s other attorneys had previously 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 had been approved and paid since.
Hughes had pointed out that that 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.
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.
Chair of IDPADA-G’s Coordinat-ing Council, Vincent Alexander, had 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.
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 Coordinat-ing 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.
IDPADA-G in response said 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.
