By Devina Samaroo
Attorney Charles Ramson Jr, representing a regional councillor, has moved to the High Court to challenge the appointment of Alliance For Change (AFC) General Secretary, Marlon Williams on the Local Government Commission (LGC).
Williams was appointed by Minister of Communities, Ronald Bulkan after consultation with an organisation called the ‘Guyana Association of Municipalities’ even though the law required that the Commissioner is appointed following consultations with local democratic organs.
Minister Bulkan had told the News Room on the day of the swearing in of the commissioners that the appointment of the AFC General Secretary was based on consultations.
“The institution that I am aware of that governs local government organs, the Guyana Association of Municipalities and hence my discussion took place with the [Association] in the selection of my nominee,” the Minister had stated.
But Ramson is contending that the organisation is not widely recognised and that it cannot be legally used to substitute real consultations with representatives of the local democratic organs.
In court documents seen by the News Room, Ramson asserted that the appointment is “illegal” and contrary to and devoid of lawful authority “as the said minister failed, refused and/or neglected to consult with local democratic organs before the appointment was made”.
The matter came up before Chief Justice (ag) Roxane George-Wiltshire on Thursday (January 25, 2018) and an order was given for the defendants, who are listed as Minister Bulkan and Mr Williams to give reasons why the appointment should not be quashed.
In his arguments before the court, Ramson pointed out that the Local Government Commission Act 2013 states that the Local Government Commission shall consist of eight (8) members and S.4 (1)(d) empowers the Minister to appoint a member to the Local Government Commission but requires the Minister as a condition precedent to consult with Local Democratic Organs before he so appoints.
He also contended a “Local Democratic Organ” is defined in the Local Democratic Organs Act CAP 28:09 in s.2 (1) as any “local government authority, and includes that of any city or town or of any division thereof established under section 4(1), and any Council established under the Amerindian Act.”
Ramson told the News Room that consultations must be widespread and that the Minister, in keeping with the law, must ensure he consults with every single local democratic organ and not just an organisation that perhaps merely represents just a few local democratic organs.
The application was filed in the name of Mohan Singh – a councillor of the Little Diamond/Herstelling Neighbourhood Democratic Council (NDC).
The country’s first Local Government Commission was finally set up late last year, following the swearing-in of the commissioners. They are Joan Ann Ramascindo, Mortimer Mingo, and Clement Corlette.
Three were nominated by the parliamentary opposition.; they are Carol Sooba, Norman Whittaker, and Clinton Collymore.
Andrew Garnett was nominated through a parliamentary process and the AFC General Secretary was nominated by the Communities Minister.
