Legal compliance needed before any amnesty is granted by City Hall – Attorney General insists
Though an elected body with its own autonomy and governing statutes, the Georgetown Mayor and City Council (M&CC) must ensure there is legal compliance before it goes ahead with plans to grant an amnesty to raise funds for millions owed to the Guyana Revenue Authority (GRA).
This is according to Attorney General Anil Nandlall, SC, who has since instructed the Minister of Local Government and Regional Development, Anand Persaud to write the Town Clerk on the matter.
In the letter dispatched in October 2023, which Persaud said is in keeping with the Municipal and District Council Act, the Town Clerk has been asked to identify the financial regulation that allows the Council to make such a decision.
Since the letter was dispatched, Mayor Alfred Mentore rejected the call to halt the amnesty and said it could result in the Council becoming bankrupt. The move Mentore said would be challenged in the Court.
During his Tuesday night ‘Issues in the News’ commentary on his Facebook page, the AG said Mentore’s threat of legal action against the government is concerning.
He insisted that the Council must ensure that there is legal compliance, even with its own statutes, before it goes ahead with the amnesty and reasoned that any move to offer the amnesty without legal compliance will attract consequences.
In the letter, however, Minister Persaud says the amnesty must be halted “while the lawfulness of this purported amnesty is interrogated.”
City Hall offered many amnesties in the past, some dating back decades, but recent amnesties have been marred in controversy.
In September, the M&CC announced that it would be offering ratepayers amnesty on their accumulated interests.
“The City Council is an elected body that makes decisions by vote. It is not the government’s intention to interfere with the autonomy of the City Council.
“…But the council like every other agency is bound by the law,” Nandlall said.
He noted that the government only wants the Council to show that the legal requirements set out in its governing statute are being met and complied with by granting this planned amnesty.
“The Mayor decides to respond publicly and in his tirade accused the government of wanting to bankrupt the city.
“It is a ridiculous allegation that the government wants the City Council to go into bankruptcy so that city property can go up for sale.
“If he wishes he can go ahead and violate the law and grant the amnesty and then the law will have to take its course.
“Someone will be held responsible for all the monies waived,” Nandlall added.
