Dear Editor,
Mr. Rajendra Jaigobin’s response to my letter on the proposed amendments to the Acquisition of Lands for Public Purposes Act, with its omissions and misrepresentations.
His reliance on selective judicial decisions and his suggestion that advance payments are a normative practice across CARICOM countries further weakens his position. In fact, only two of those countries have such provisions, including Trinidad and Tobago, from where the AG’s proposed amendment is introduced word for word in Guyana. Mr. Jaigobin’s reliance on the CCJ’s decision in Belmopan Land Development Corporation Ltd v AG Belize is misplaced. That case interpreted Belize’s 1947 law, which lacks the progressive elements of Guyana’s framework, particularly our 1990 amendment allowing additional compensation. His attempt to use this decision while ignoring Guyana’s more advanced legal framework further demonstrates selective citation of authorities to support a regressive position.
His defence of the Government’s practices ignores that since 1990, the CVO has no formal role in determining compensation. Yet, the Government continues to deploy the CVO, a government employee, at meetings with citizens whose property it intends to acquire. This practice undermines transparency and public confidence compared to other Caribbean jurisdictions using independent valuation boards or panels. Mr. Jaigobin selectively embraces a favourable High Court decision while advocating for legislation that overrides unfavourable ones. As an attorney, his willingness to support legislation that circumvents judicial decisions rather than pursuing proper appeals and his failure to acknowledge my concern about applying laws retroactively, if not an oversight, are highly troubling. This approach raises serious constitutional concerns about the separation of powers and undermines the rule of law principles that should be fundamental to any legal practitioner.
While Mr. Jaigobin defends the introduction of advance payments, he fails to address how the two-stage process aligns with the constitutional guarantee of “prompt and adequate” compensation. Protracted delays in determining the remaining compensation create uncertainty for landowners, a concern exacerbated by reports that some senior government functionaries have boasted that “time is on their side” and that they can “outlive property owners.”
Mr. Jaigobin neglects to mention the 1990 amendment to Section 19 of the Acquisition of Lands for Public Purposes Act, which grants the courts the discretion to award additional compensation beyond market value. This reflects a progressive approach to compulsory acquisition, ensuring that compensation is not limited to market value but considers the broader impacts of dispossession. If Mr. Jaigobin and the Government have their way, Guyana will revert to a much less progressive 1947 law of another jurisdiction. Guyana’s Constitution guarantees “adequate compensation” for compulsory acquisition, which inherently invites a broader interpretation to include non-financial losses. Mr. Jaigobin seems to support a scheme that narrows the scope of compensation and prioritises government expediency over fairness.
I have advocated modernising our laws on the compulsory acquisition of private property, which is now considered a human right. If Mr. Jaigobin is unhappy with a fixed percentage over market value, let him suggest a flexible range that recognises peculiar facts and circumstances. If I may be bold, Editor, I am quite astounded by the level of unfamiliarity among the legal profession with the provisions regarding the detailed processes in the Act, which are more often than not observed in breach to the detriment of property owners. Here, I might mention sections 7 and 8 and the specifics of sections 13 – 19.
I close by inviting Mr. Jaigobin, a valued past student in my company law class at UG, for us to make concrete recommendations, including perhaps a revised draft bill for submission to the Law Reform Commission via the Attorney General. A modern law that provides equitable compensation, respects public needs and individual rights, and supports national infrastructural development. This will place us at the forefront of CARICOM countries, more than just in line with.
Sincerely,
Christopher Ram