Oil & Gas
Govt intent to appeal Exxon insurance ruling shows it as uncaring – TIGI: Local anti-corruption body Transparency Institute Guyana Inc (TIGI) has said that going against its own citizens in appealing the ruling requiring the Environmental Protection Agency (EPA) to enforce the liability clause in the permits issued to Exxon-Mobil Guyana, shows a government that doesn’t care and reeks of political opportunistic behaviour. “The question is why a government would want to appeal such a decision. Would that not be a pyrrhic battle? Would not a government lose more support from the people than it gains even if it won the argument?” TIGI questioned in a statement. “The Attorney General is quoted as having said that ‘the government will appeal’. There are so many things wrong with this posture, it is difficult to list them all. For one thing, there has perhaps never been a greater alignment between 1. Plain English; 2. The purpose of a regulatory body; 3. The obvious need for protection of the local and bordering environment; 4. And what, in any real democracy, where the perception of the people really matters, would be a political opportunity for self-correction [because the court’s decision is now available as a shelter for government],” it also said. The local watchdog body said that it believed the case was a really simple and straightforward set of issues to decide on, and that the public should not be distracted by any complexities. “From our standpoint, the court was asked to examine the straightforward matter as to whether the law and the permit issued to Exxon meant what they said. In our opinion, having been presented with what appeared to be a dispute between citizens and the agency charged with the responsibility of supervising the behaviour of corporations operating in the industry and a major world class corporation asking to join the proceedings, the judge must have been surprised, as the case proceeded, that the matter was nothing more than an unwillingness to comply on the part of the corporation and the astonishing behaviour of the regulator in supporting that recalcitrance,” TIGI stated. On May 3rd, Justice Sandil Kissoon, found ExxonMobil in breach of its insurance obligations for its first oil project Liza 1. In his ruling on the action brought against the EPA to enforce the liability clause in the permits issued to ExxonMobil Guyana for its offshore oil operations, he described the EPA as “submissive”. He said it had abdicated its responsibilities “…thereby putting this nation and its people in grave potential danger of calamitous disaster.”
Investment
Competition heats up in mobile telecoms sector: The entry into the mobile telecoms sector by a new provider has been stirring excitement among consumers, especially since more competition usually leads to enhanced service from both the new and old providers. ENet (formerly E-Networks) Guyana’s indigenous cellular service provider, is offering a different approach to voice, data and SMS plans and its rivals GTT and Digicel have expressed their enthusiasm for the competition, stating that it will bring significant benefits to consumers.
Early last week, ENet announced that it was testing its “unlimited talk, text and data” Orange Plans on its 4G/5G VoLTE (Voice over LTE) network. The company offered interested consumers the opportunity to “test drive” its offerings free of charge for this month. Since the announcement social media, specifically Facebook, has been abuzz with customers comparing existing plans offered by Digicel and GTT to the new plans from ENet. After the test drive, the company will offer unlimited plans starting at $2,000 for 30 days with data only, $2,900 for 30 days with voice and data and $4,900 for 30 days extra. “Unlimited talk, text, and data” means that ENet’s mobile subscribers can make and receive unlimited calls and SMS to other ENet customers for the duration of their plans, the company explained. As the competition heats up, GTT took a jab at the company’s test driving offer in a social media post using colloquial language, which said, “When you deh good, stay good!” Urging customers to choose from its menu of plans, the GTT post added, “Don’t be anybody’s test case – stay true to the blue”. Meanwhile, Digicel, in a post on Thursday shared its recent awards, which include Fastest Mobile Network, Best Mobile Network Coverage and Best Mobile Network. In subtle messaging on Digicel’s reach, the post asked customers to name the locations in the accompanying photos. Asked about ENet’s entry into the mobile sector, GTT CEO Damian Blackburn said, “Competition is good and we welcome all those new to the market. Competition makes everybody better to serve the needs of Guyanese.” Blackburn noted that while ENet was working to roll out its plan, his company is moving steadfast in the delivery of better service and an upgraded LTE network.
Import
No poultry to be allowed into country: In a bid to protect local farmers against chicken smuggling while at the same time safeguarding against contaminated produce entering the country, the Guyana Livestock Development Authority (GLDA) has notified that poultry and poultry products would not be allowed into the country. The GLDA, however, did not say for how long the restrictions will last. As he pointed to the surplus of local chicken on the market, Minister of Agriculture, Zulfikar Mustapha, said that government was protecting the local farmers, as he assured that the country has enough stock. “The Guyana Livestock Development Authority wishes to advise the general public that due to sanitary and other conditions we will not allow the importation of poultry or poultry products. Anyone found in contradiction of this notice will be prosecuted in accordance with the Laws of Guyana,” a notice in yesterday’s Guyana Chronicle stated. Contacted for comment on the notice, Mustapha explained that the ban was intended to protect local farmers while also safeguarding against bird flu. He emphasised that because of the current large supply, chicken prices will not increase. “We have put a ban on the importation of chicken because we have enough chicken in the country. The supplies are there from local farmers and also we have to protect the local farmers,” he told members of the media. “Also we are looking at the sanitary outcome of it, because of the bird flu some countries in the hemisphere had the bird flu too. So we are taking a lot of precautions. But that doesn’t mean that because we stop the importation of chicken the prices will increase. We have enough chicken,” he assured. The Minister of Agriculture said that assurances were given from the Guyana Poultry Producers Association (GPPA) when he had held a meeting with them, that there were enough supplies and thus there was no need for importation of the products.
In addition, he disclosed that his ministry has also conducted a cross-country analysis which revealed that there is enough poultry here.
Parliamentary
New Trafficking in Persons Bill unanimously passed: In another rare moment of consensus, the government and the opposition voted unanimously last Wednesday to pass the Trafficking in Persons Bill 2023, following its second reading in the National Assembly. The new bill, No. 6 of 2023, was first introduced by Minister of Human Services and Social Security Dr Vindhya Persaud on April 24 and debated and passed. According to the bill’s explanatory memorandum, the new bill repeals and replaces the Combating of Trafficking in Persons Act of 2005 to provide more comprehensive measures to combat trafficking in persons synonymous with international best practices and changing socio-political needs. It provides measures to protect the rights of individuals and prevent and combat trafficking of persons within or across the borders of Guyana. The object of the Bill is to prescribe measures to combat trafficking in persons including children. The new Bill also establishes the Counter-Trafficking in Persons Unit which shall be responsible for protecting and assisting victims of trafficking. It was stated that the Guyana Police Force shall provide assistance to the Unit and the Unit is expected to engage with the Ministerial Task Force and shall be responsible for protection and assistance of victims of trafficking. Part of the Bill also provides for the court to conduct case management proceedings to ensure that cases are heard expeditiously. “Also, this Part sets out that the Child Care and Protection Agency shall be responsible for and collaborate with the Unit on matters related to child victims of trafficking,” the explanatory memorandum said. According to the Bill, a mandatory record now has to be kept of the conduct of an investigation into trafficking in persons’ offences. It provides that paper committals are permitted for indictable matters and it prohibits confrontation between accused and victim. The government is also now mandated to educate citizens about sex tourism, sexual exploitation and forced labour. It has to coordinate educational activities with the airline, hotel and taxi industries and others. Opposition Member of Parliament Dr Karen Cummings said that the Bill was a necessary addition to the country’s legal framework, as Guyana seeks to have a modern society.
Intelligence bill sent to special select committee: The National Intelligence and Security Agency (NISA) Bill was last Wednesday formally sent to a special select parliamentary committee. Attorney General Anil Nandlall made the request for the deferral ahead of the second reading of the bill, which seeks to establish a national intelligence agency. “I ask Your Honour’s leave to send this bill to a special select committee where that committee will determine how they will proceed with the bill,” he said in his request to Speaker Manzoor Nadir. Last month, the government through Nandlall as Minister of Legal Affairs introduced the bill to the National Assembly with the intention of passing it through Parliament and into law. However, with public outcry coming from the Guyana Bar Association, the APNU-AFC, civil society and others, President Irfaan Ali ordered further consultation on the bill. The proposed National Intelligence and Security Agency is expected to be responsible for collecting data, processing it from many sources and providing such data, reports and advising the President on matters of national security. It would also be tasked with the responsibility to do investigations on matters relating to national security. The President will choose the director of the agency, who can be from the GDF, the GPF or a civilian. The director can serve no less than three years, and not more than five, can qualify for reappointment. APNU-AFC Member of Parliament and Shadow Minister of Legal Affairs Roysdale Forde had shared the view that it was never the government’s decision to send the bill to the special select committee.
In the courts
EPA files appeal against Exxon insurance ruling: The Environmental Protection Agency (EPA) has filed its appeal against the ruling of High Court Judge Sandil Kissoon that it had breached the Act and shirked its legal responsibility in failing to enforce the liability clause in the permits issued to ExxonMobil Guyana for its offshore oil operations. On May 3rd Justice Kissoon said the EPA had abdicated its responsibilities “…thereby putting this nation and its people in grave potential danger of calamitous disaster.” The judge bluntly said that the circumstances giving rise to the action disclosed the existence of an “egregious” state of affairs that has engulfed the agency which he described as “submissive,” and in a quagmire of its own making. In response to the ruling, Attorney General Anil Nandlall had said that it would be appealed as both the government and the agency were of the considered view that the environmental permit “imposes no obligation” on the permit holder to provide an unlimited Parent Company Guarantee Agreement and/or Affiliate Company Guarantee Agreement. In its appeal asking for a stay of the judgement and all its orders, the EPA argued through its attorney Sanjeev Datadin that the judge’s finding that the financial assurances set out in the permit were “unlimited; ”was a flawed line of reasoning. Describing the order made by the court that the permit stands suspended for breach of the Environ-mental Protection Act as “coercive”, the EPA contended that this will have severe consequences. The appellant argued also, that the directions given by the court have the effect of entirely removing its discretion, while adding that there would be “severe disruption to the national economy and financial well-being of the public and private sector.” Describing Guyana as the “fastest growing economy in the world,” which it said was a “notorious public fact…due in large part to the exploitation” of its petroleum, the EPA said the order made by the court was critical to Guyana’s economic activity.
Chief Justice strikes out application to postpone GPA elections: An urgent application under the Judicial Review Act for an injunction to postpone the holding of the Guyana Press Association (GPA) elections scheduled for May 14th was on Saturday thrown out by acting Chief Justice Roxane George. The Chief Justice ruled that the challenge brought against the current GPA executive was “misconceived” and did not qualify for a full court hearing. Social media commentator, Mikhail Rodrigues, known as ‘Guyanese Critic’, on Friday filed the matter requesting that the court restrain the executive from hosting the elections until he was granted membership. In his legal challenge he listed the President of the GPA, Nazima Raghubir; its Secretary, Svetlana Marshall; and Executive Members, Rawle Toney and Denis Chabrol, who currently function as the executives, as the respondents in the case. After being given a hearing yesterday, the Chief Justice ruled “This application is not urgent.” “I am not going to allow this to go further, the entire fixed date application is struck out. It has been totally misconceived. The court cannot allow a matter that is misconceived to proceed, for a full hearing,” she added. Rodrigues in his application stated that the press association had arbitrarily refused his application and by setting the last day of registration as 6th of May 2023, he is aware that several media personnel have been refused registration. He claimed in his challenge that the rejection of his application is contrary to the requirements for membership established in the GPA’s constitution and has created a negative impact on his work as a journalist. He said he made his application for membership in May 2023. “Additionally, it has, to the best of his knowledge, always been the practice that persons were able to pay dues and register up until the date of any election of office bearers. This is a naked and contrived attempt by the present executive to exclude persons from the election so that they can fix the election and remain in control of the Association,” he added. However, during the hearing yesterday, Chief Justice George in her ruling said the GPA is a not an incorporated entity and therefore cannot be the subject of litigation.
Crime
Shock expressed at murder of educator and comedian Kirwyn Mars: As the murder of well-known educator Kirwyn Mars, fondly called ‘Sir Mars’, continues to send shockwaves through the country, his killer, who police believe is injured, remains at large. According to the police, Mars, who was also a popular actor and comedian, was in his grey Mitsubishi RVR, PZZ 6438, around 10.30 on the night of May 7th with another man. Apparently they had an argument and a physical altercation ensued. At some point, Mars exited the vehicle and it is believed that the suspect then reversed hitting Mars and pinning him to the fence of a house at Plantation Providence, East Bank Demerara. Investigations point to the suspect then exiting the vehicle and escaping in a southern direction on foot. An examination of Mars’ body found that he had lacerations to the face, head, hand, shoulder, forehead above the left eye, right side chest and back. The police said two knives were recovered from the scene. The assumption is that both men were armed and that they injured each other during the altercation. Investigations are continuing. Brian Richards has since been charged with the murder and remanded to prison.
Police prosecutor shot at for second time in 18 months: For the second time in 18 months Police Prosecutor Corporal Hemchand Sukhna has come under attack by a person or persons carrying firearms. In the latest incident, which occurred on May 6th, Sukhna came under fire while driving along the Rupert Craig Highway. He was not hit by a bullet, but his minibus was and he sustained minor lacerations to his left ankle from shattered glass. Investigations are ongoing. Information released by the police stated that the 42-year-old Sukhna who is currently a prosecutor at the Sparendaam Magis-trate’s Court and lives at Craig, East Bank Demerara was on his way to work in his RZ minibus (PHH 6880) when he came under attack. The police said that as Sukna turned onto the Rupert Craig Highway from the traffic light at Sheriff Street, he observed a dark-coloured Premio car drive up alongside him. When the vehicle got close to his minibus, he observed the driver and another man sitting in the car’s front passenger seat. Sukhna told police that the driver started shouting and pointing at him but he could not decipher what was being uttered. The corporal said he continued driving, and at the traffic light at Rupert Craig and Conversation Tree, he heard a loud explosion. A bullet had struck the driver-side door of his minibus and shattered the window. The car then drove off at a fast speed, heading east on Rupert Craig Highway. In November 2021, gunmen had opened fire at the prosecutor’s home damaging the rear windshield of his minibus and leaving bullet holes in his house.