Gov’t warns NDCs, RDCs not to sell or lease state lands

-following reports of illegalities at Mocha/Arcadia

The government is warning Regional Democratic Councils (RDC) and Neighbourhood Democratic Councils (NDC) to immediately cease and desist from any attempts to sell or lease state lands and anyone found doing so will face legal consequences.

The Ministry of Local Government & Regional Development (MoLGRD) yesterday issued a release where it noted with “grave concern,” reports of the illegal sale and leasing of plots of state land by operatives within the Mocha/Arcadia Neighbourhood Democratic Council (NDC) and “Opposition elements” within the area.

The release made it clear that such actions are illegal and in clear violation of the laws governing state-owned lands in the Co-operative Republic of Guyana. It also disclosed that on September 9, a Cease Order was issued to all NDCs and RDCs, explicitly prohibiting “the rental, sale, alienation, encumbrance, or lease of State/Government land, or any land where the Government has a controlling interest”, without the authorisation of the Minister of Local Government and Regional Development as stipulated in the Local Government Act Cap. 28:02 of the Laws of Guyana.

While sections 48 and 106 of the Local Government Act speak to the power to let lands by local authorities, MoLGRD explained that these sections are subject to the permission of the Minister of Local Government & Regional Development. Further, Section 103 of the Act provides that NDCs, “may, with the consent of the Minister, for the purpose and subject to this Act, purchase, accept as a gift, take on lease, sell, exchange, or mortgage any lands, whether situate within or without its district; and a local authority may also purchase any dam or watercourse which interferes with the proper drainage of, or the supply of water to, its district.” It stressed too that Section 47 of the Local Government Act does not grant to local authorities the power to lease or sell any state land.

MoLGRD categorically stated that at no point in time has permission been given, whether expressly or impliedly, by the subject Minister to the Mocha/Arcadia NDC or any other person to sell or lease state- owned land within the boundaries of the Mocha/Arcadia settlement. It warned that any such transactions were illegal and if entered into, will be declared void.

“The Ministry wishes to remind the public, and all NDCs and RDCs, that the unauthorized sale or lease of state land is ILLEGAL, and any such transactions will be deemed NULL, VOID, AND OF NO EFFECT. Those found engaging in or attempting to purchase lands through these illegal means are warned that they will be subject to legal consequences. Furthermore, the Ministry urges the Mocha/Arcadia NDC, and all NDCs and ‘RDCs’, to immediately cease and desist from any attempts to sell or lease state lands.”

The release assured that the ministry remains committed to ensuring the “proper and lawful” management of public lands in accordance with national regulations and urged members of the public to exercise vigilance, and to report any suspicious activities involving the sale of state lands by calling (592) 225-8619, (592) 223-0781, or (592) 652-3554 or email at ps@mlgrd.gov.gy or ministersecretariat@mlgrd.gov.gy