This Week-in-Review August 11th to August 17th

Accountability

Port Kaituma Stelling designer has admitted flaw – Edghill: Public Works Minister Juan Edghill says that CEMCO Inc has acknowledged design flaws in the ongoing $1.4b Port Kaituma Stelling project where fissures occurred, necessitating remedial work. Any additional costs are not yet clear, the minister said. “We are now looking at the solution we think we have found. We are now remedying that. We could have been more advanced but some of the materials we have to use, we are working collaboratively to source… and I can give you the assurance it will be completed and the people will have the service they deserve,” Edghill told the Sunday Stabroek when contacted. When asked what would be the additional costs to taxpayers he responded, “At this particular time, based upon what we are doing, I have no bill, and take my word – at this particular time, I have no bill for additional costs because we are working on the solution in the context of what needs to be done.”  He said that the focus was to first rectify the problem soonest so that the project could be delivered to the people, and emphasized that it would not be done through “any profit-making process.” “If I pay a man something and there is a flaw in the design, doesn’t he have to bear some culpability?” he reasoned, without saying if the design firm would be asked to foot any additional costs. He asserted that CEMCO is “no fly by night design firm” and that is why “they will have to tell me what [costs] they will bear.” The government had been silent on the flaws in this major project until the contractor spoke about it. On the 28th of July, this newspaper reported that contracting company, International Import and Supplies, located at Lot 15 Garnett Street, Georgetown, and owned by Parmeshwar Jagmohan, had issued a statement saying that serious flaws that had arisen in the structure were due to the poor design for the project.

Investment

Deal signed for $214m waste treatment plant: Guyana last Tuesday signed an investment agreement that will see the construction of a $214 million state-of-the-art waste treatment plant. A release from the Department of Public Information (DPI) said that the agreement was initially signed by the Senior Minister within the Office of the President with Responsibility for Finance and Public Service, Dr Ashni Singh. It was officially handed over by Guyana’s Chief Investment Officer, Dr Peter Ramsaroop to the Chief Executive Officer of Pro-fessional Waste Solutions Incorporated, (PWSI), Mahendra Jettoo. Following the inking of the agreement, Dr Ramsaroop said that the waste treatment plant would be built at Cover-den, East Bank of Deme-rara. It will create employment for over 40 persons. Dr Ramsaroop noted that the investment aligns with the government’s objective of achieving its Sustainable Development Goals (SDGs). Goal six of the United Nations is to achieve clean water and sanitation by 2030, DPI said. “This investment is more than just a facility; it is a statement of our commitment to sustainable development and our unwavering belief in Guyana’s potential to lead in green technologies. We are setting the stage for Guyana to not only meet but exceed global environmental standards, positioning our country as a leader in eco-friendly industrial solutions,” Ramsaroop stated. The treatment plant will see non-incinerator technology used to process waste generated by the oil and gas companies and other industries. This will then be converted into reusable oil. Additionally, as part of that process, one of the byproducts would be ‘slag’, which is safe to be disposed of in landfill sites. This slag, the release said, will be used for block-making, to support the rapid pace of the construction sector. Jettoo said that not only will waste be treated but rather transformed into usable products.

Water supply

Unprecedented sedimentation at EDWC fouled city’s water – Baksh: Chief Executive Officer (CEO) of Guyana Water Inc (GWI), Shaik Baksh last week said that unprecedented sedimentation from the East Demerara Water Conservancy (EDWC) had fouled the city’s water supply and flushing of the system may take a few days. Baksh was speaking at a press conference on the sediment-filled brown water which has flowed through pipes over the last few days and angered city residents. Speaking at the utility’s corporate complex he said that the  dredging of the conservancy during the recent dry season, causing a buildup of sludge which eventually made its way into the GWI water storage located in the Shelter Belt and affected the supply in Central Georgetown. Baksh assured that immediate steps have been taken to flush the water out of the system and this process is ongoing. He also disclosed that this level of poor water quality has never been experienced before and was beyond GWI’s control at this point in time. He estimated that it could take couple of days for the quality of the water supply to return to normal. According to the CEO, about a month ago, GWI recognized that there was a problem in their canals. He explained that there are two large canals in the Shelter Belt which serve as storage for water coming through the Lamaha Canal from the EDWC. It was observed that something was wrong with the quality of the water coming in, and upon investigation, GWI recognized that the sedimentation load coming into the plant was extremely high. “As a matter of fact, we never experienced this, such a high sedimentation load. In all the years, many of the managers who are here over 30 years have attested to this fact. We acted immediately. I want to tell you that GWI did not hesitate one moment to try and correct the problem. What we did, we immediately sent a team headed by the Operations Director down into the conservancy and they came back and reported that there were problems with the water coming through… from the conservancy and because of the dredging of that canal in the conservancy area during the drought, the long drought, the longest in years, a lot of sludge built up in the canal and with the heavy rainfall it moved down into our system here, our reservoirs.” Baksh relayed that immediately, GWI personnel moved to clean two canals, one at the eastern end and the other at the Western end. “On the western end we cleaned that… it’s an onerous task. We brought in additional labourers and we had about 20 to 30 persons cleaning over time. They took about two weeks. We completed the cleaning of that canal and then we moved to the eastern canal to clean that, which is in progress and is to be completed if not this evening [yesterday], by early tomorrow [today].”

Oil & Gas

All six oil block awardees say they are ready to move ahead, will pay signing bonus – Bharrat: All six companies that had been awarded oil blocks from Guyana’s first auction have been granted approval by government and have indicated that they are willing to pay the respective signing bonuses, as such, they have been issued the new Pro-duction Sharing Agreement (PSA) for perusal, pending signing, Minister of Natural Resources, Vickram Bharrat,  announced last Wednesday. “Every single one of those six companies for the eight blocks… have submitted their applications to us. We have given the PSA and they are currently reviewing that and they intend to sign and all of them have indicated that they are ready to pay their signing bonus,” Bharrat told a nearly four-hour-long mid-year press conference he hosted at the Forestry Commission in Kingston, Georgetown. He reminded that it would mean more money going into state coffers as it is US$10 million for shallow water blocks and US$20 million for deep water. “We expect and will ensure that the signing of the signing bonus will be made with the PSA.” The Minister said that for some, the process has been a long one but that government was working on a PSA that could be used for all of the companies while bidders were seeking out financing and investors. “I apologize. I know personally that it has taken longer than it should have but it is not the fault of the technical team at the ministry or anyone. It is mainly because we had to work with the bidders. Some of them, especially the locals were looking for international partners. They were looking for investors and operators so we had to work with them. And we were ready but we can’t do a separate PSA for everybody. We had to finalise one PSA that can be used for all the companies,” he expressed.

Education

Signing of teachers pay deal delayed for more consultations in GTU: The expected signing of a Memorandum of Under-standing (MoU) between the Ministry of Education and the GTU on a multi-year wage package has been delayed, according to the union’s President Mark Lyte.  The postponement follows signs of an internal rift over the government’s offer and subsequent consultations with union members regarding a proposed 10% salary increase for 2024. Coretta McDonald, Guyana Teachers’ Union (GTU) General Secretary, provided further insight into the situation to Stabroek News as well. She stated yesterday that while the government had made a formal 10% offer last Thursday, supporting documentation only referenced a 9% increase. Consequently, the GTU’s highest decision-making body—the membership—rejected the 10% proposal, prompting the delay in finalizing the MoU. McDonald highlighted that the union’s decision-making process is heavily influenced by its members, who are advocating for a higher percentage increase. The GTU is now holding out for a more favourable deal before any MoU is signed. The MoU, once completed, will address not only salary increases but also other significant issues affecting teachers. The agreement is expected to span from 2024 to 2026, with salary adjustments spread across the three years, rather than a single percentage increase for the entire period. Reports suggest that the government’s multi-year proposal includes a 10% increase for 2024, followed by 9% for 2025 and 8% for 2026. Additionally, there is a clause indicating that if other public sector workers receive higher rates, the GTU’s salary increases will be adjusted accordingly. This proposal comes after a 7% increase was initially rejected by the GTU. According to the GTU’s original proposal, teachers and teacher educators would receive a salary increase of 39.5% for 2024, followed by 30% increases in 2025 and 2026. Teachers from salary scale TS4 to TS19 would receive a 35% increase in 2024, followed by 30% increases in the subsequent years. No official statements were available from either the GTU or the government as of yesterday. The GTU continues to engage in discussions with its members to finalize their stance. In a recent message to teachers,  Lyte outlined a potential agreement involving 10%, 9% and 8% increases over three years, with a provision for adjustments based on public sector pay rates. He emphasized the need for a swift resolution to roll out benefits by September and urged members to participate in upcoming regional and branch meetings. The message was met with frustration by some teachers, who took to social media to express their dissatisfaction with the proposed increases. Member Melicia Murray criticized the outcome as inadequate, questioning the transparency and rationale behind the 10% offer after a prolonged strike for collective bargaining with the government.

Oil & Gas

Environmental, community concerns over Coverden project already addressed – PWSI head: Chief Executive Officer of Professional Waste Solutions Inc (PWSI) Mahendra Jettoo has denied allegations that environmental impact assessments or community consultations were neglected in the development of the Coverden oil and gas waste treatment plant. “The EPA would not have granted us approval if we hadn’t met all the necessary requirements,” Jettoo asserted. “Four years ago, the EPA conducted a meeting with the community to discuss the project. We are committed to following environmental regulations and have received approval from both the EPA and the Ministry of Housing. Local residents have also given their consent. It’s only now that the project has been officially launched that some concerns have surfaced. We hold a local content certificate, are a locally based company, and are dedicated to creating jobs for the community while adhering to all regulatory guidelines.” There is growing apprehension among residents and representatives over the project’s environmental and social implications, as well as the transparency of its approval process, which has sparked intense debate. Alliance for Change (AFC) Advisor on Oil and Gas Dr Vincent Adams, who is the former executive director of the EPA, voiced significant concerns during the party’s press conference yesterday. Dr Adams, who has deep personal and familial ties to the nearby Soesdyke area, criticized the lack of visible information and expertise associated with PWSI. He questioned how the government could have approved an agreement with a company that appears to lack the technical qualifications necessary for managing such a hazardous and complex operation. “This project raises serious concerns,” Adams stated. “The company’s website is sparsely populated and seems hastily assembled, with empty photo blocks and only two listed personnel: CEO Mahendra Jettoo and General Manager Ashley Jettoo. Their technical credentials are not detailed. Unlike a timber-cutting operation, this facility involves high-risk chemicals and high temperatures. There is no evidence of an Environmental Impact Assessment (EIA) or necessary permits, despite the facility already being built. This lack of technical expertise and regulatory oversight is troubling. In my experience managing a waste management complex, we required engineers with advanced degrees in chemical engineering. It’s alarming that the project appears to have been approved without proper resident engagement, setting a concerning precedent that needs to be addressed immediately.”

Investigation

Gov’t says has written US State Dep’t, FBI refuting claims by Burke: The Government of Guyana (GoG) last week said that it was informed that Rickford Burke, a Guyanese residing in Brooklyn, New York, lodged a formal complaint with a Department within the Federal Bureau of Investigation (FBI) alleging that the GoG is persecuting him among other things and it said it has also written the US State Department and the FBI refuting the claims against it. In a statement, the government said it is pleased that Burke has engaged the law enforcement agencies in the United States on this matter as the same has received the attention of the law enforcement agencies in Guyana and the matter is currently before courts here. In consequence, by a letter dated July 27 th, 2024, the statement said that the GoG responded to this report refuting the allegations of Burke as absolutely false and wholly unfounded and considers them to constitute a malicious attack on the integrity, reputation, good name and international standing of the Government of Guyana. This letter was addressed to the Desk Officer for Guyana, US Department of State and copied to the FBI, a number of functionaries within the US Department of State, the Department of Justice, Congressman Hakeem Jeffries, and the United States Ambassador to Guyana. In the aforementioned letter, the Government of Guyana apprised the US officials of the following allegations against Burke: -using his Facebook Page,  Burke has been, inter alia, libelling, maligning and attacking the reputation, goodwill and good name of a number of business entities in Guyana, under the pretext that he is protecting consumers and customers of these business entities from alleged abuse, exploitation and sharp practices by these business entities; -as a result of investigations and after a thorough investigation by members of the Guyana Police Force and based upon legal advice received from the Office of the Director of Public Prosecutions, an independent constitutional office,   Burke and other persons were charged with two counts of the following extortion offence: a. Conspiracy to Commit a Felony, Contrary to Section 33 of the Criminal Law (Offences) Act, Chapter 8:01 committed on Afras Mohamed which occurred between the 27th day of August, 2022 and the 23rd day of September 2022; and – these charges the GoG noted are pending before a Magistrate in the District in which the offences were allegedly committed; – the  Magistrate, upon an examination of the charges, issued a summons to be served upon Burke by the Guyana Police Force, authorised by the relevant criminal statute to do so, so that Burke is notified of the date and time of the hearing of the said charge and to permit him the opportunity to answer the charges; – in order to serve the said summons on  Burke, a duly authorised officer of the Guyana Police Force travelled to New York and retained the services of a licensed Legal Process Server in New York, duly authorised to serve such documents, to effect service of the document on Mr. Burke this was done; – Burke accepted service of the documents from the said licensed Legal Process Server on the stairs of his premises in Brooklyn, New York and this entire process was video recorded by the Police Officer from the Guyana Police Force who was standing over 100 feet away across the street from Burke’s premises where the service was effected; and – the said legal proceedings are still pending before the Courts of Guyana. From the above narrative, the government statement said that it is clear that the government played no part whatsoever in the aforementioned case. “It is simply a citizen of Guyana taking such legal steps necessary and available to him under the  laws of and Constitution of Guyana, to protect himself and his business from what he considers to be”  illicit conduct on the part of Burke.

Courts

AG appeals Justice Gino Persaud’s ruling in favour of arbitral award against Venezuelan oil company: Attorney General Anil Nandlall last week filed an appeal in the Full Court against Justice Gino Persaud’s ruling in favour of two companies seeking to enforce an arbitral ruling against Venezue-lan oil company, PDVSA, asking that the entire judgement be set aside since among other things it likely to affect the national security and national sovereignty of Guyana. In his appeal the Attorney General also asked the that the respondents, whom he listed as ConocoPhillips Petrozuata BV, Venezuela Limited and ConocoPhillips Petrozuata BV, and PDVSA, Corpoguanipa and PDVSA Petroleo, be ordered to pay the costs in both the Full Court and the lower court. Judge Persaud’s ruling had its genesis in an application by Phillips Petroleum Company Venezuela Limited and ConocoPhillips Petrozuata BV for the enforcement here of a 2019 arbitral ruling against PDVSA, Corpoguanipa and PDVSA Petroleo. Similar applications have been made in other Caribbean jurisdictions and granted. PDVSA has had years of commercial transactions with the Guyana Government and payments remain outstanding to it. In his ruling, Justice Persaud said that he was satisfied on a balance of probabilities that the applicants are entitled at common law to have the arbitral award recognised and judgement entered in its favour in terms of the award and to have it enforced in Guyana. He averred that the right to enforce an arbitral award at common law is well established and arises from the implied promise to pay the award that emanates from the arbitration agreement. He pointed out that a foreign arbitral award will be enforced at common law if the award is (a) in accordance with an agreement to arbitrate which is valid by its applicable law, and (b) valid and final according to the law governing the arbitration proceedings. However, in his grounds for appeal the Attorney General argued that Justice Persaud’s ruling was misconceived and erroneous in law and contrary to and in contravention of the provisions of section 28 of the Arbitration Act, Chap 7:03. Further, the appeal further submitted that the ruling was “wrong, erroneous, and insofar as it fails to take into account and/or fails to properly take into account the effect and purport of the provisions of section 28 of the Arbitration Act, Chap. 7:03 and/or at all”. According to the Attorney General, the recent ruling was also contrary to, in breach of, and contravenes the public policy of Guyana, contrary to, and in abrogation of, the doctrine of separation of powers, and accordingly, unconstitutional, unlawful, null, void, and of no effect.

Jury acquits man in Old Kara Kara chopping death case: Rochine Maison was acquitted on Monday August 6 by Justice Zamila Ali-Seepaul, of the 2021 murder of Keno Griffith, also known as ‘Tuckie’ at McKenzie, Linden. Rochine Maison was accused of fatally wounding Keno Griffith, on July 26, 2021, at Old Kara Kara, McKenzie, Linden. The prosecution claimed that Maison, armed with a cutlass, attacked Griffith, leading to his death. The charge was initially attempted murder, but was upgraded to murder following Griffith’s passing. The incident reportedly began when the mother of Griffith’s child accused Maison of inappropriately touching her breast. In response, she spat in Maison’s face, sparking an argument. During the confrontation, Maison allegedly soaked her with a bucket of water prompting Griffith, the deceased, to run a short distance to his home and return with a cutlass. Four prosecution witnesses testified that they saw Maison wielding a cutlass and attacking Griffith, who eventually fell to the ground. They claimed that Maison continued to strike Griffith while he lay defenseless. However, during cross-examination, defence attorney, Domnick Bess, highlighted discrepancies in their testimonies, arguing that the evidence was contradictory and insufficient to support a murder conviction. Bess contended that the key witnesses’ accounts were inconsistent and failed to clearly establish how Griffith sustained his injuries. After the judge’s summing up and a brief deliberation, the jury unanimously found Maison not guilty of murder, resulting in his acquittal.

Mining

Two killed in Mahdia mining pit collapse: Police last week said they were investigating the deaths of two miners who were killed when a mining pit at St Elizabeth Backdam, Potaro, Region 8 collapsed. A release from the police identified the two men as Sherwayne Joseph, a 26-year-old miner whose address is unknown and  Imran Blake, a 19-year-old miner of Kuru Kuru village, Soesdyke-Linden Highway. The incident occurred at around 2:30 yesterday and according to the release the men were at the time working with John Burrowes, a 38-year-old dredge owner of 111 Miles Mahdia, on his eight-inch land dredge mining operation. The two miners were among nine workers on the night shift and they were in the pit with three of their colleagues when a rumbling sound was heard and soil  broke away and started to fall into the mining pit. One of the workers said he raised an alarm alerting the workers in the pit. However, the land covered Joseph and Blake and buried them beneath, while the other three workers in the pit managed to escape.