October 17, 2016

Granger’s constitutional heresy is grounds for “impeachment”−Nandlall

The ‘constitutional heresy’ being practised by the Head of State, President David Granger, is grounds for his removal from Office and even more worrying, is the silence of stakeholders such as the Guyana Bar Association (GBA) and the Guyana Human Rights Association (GHRA).

This is the view held by former Legal Affairs Minister and Attorney General Anil Nandlall.

Former Legal Affairs Minister and Attorney General Anil Nandlall

Former Legal Affairs Minister and Attorney General Anil Nandlall

The former legal advisor to the Donald Ramotar and Bharrat Jagdeo administrations was at the time making reference to the chronology of actions taken in relation to the Executive’s handling of the affair surrounding the Chairman of the Public Service Commission (PSC), Carvil Duncan.

President Granger recently sent Duncan on leave from his constitutionally appointed post, despite the fact that he had already appointed a Tribunal to investigate whether the PSC Chairman should remain in the post or be removed.

According to Nandlall, “the President has flagrantly violated the letter, spirit and intent of some of the most sacrosanct constitutional provisions and indeed his actions strike at the very heart of our constitutional democracy… Presidents (or Prime Ministers, as the case may be) have been impeached for far less in democratic countries. In Guyana, this is barely front page news. And life goes on. Not a murmur from the Associations representing lawyers in the country.”

Duncan charged

Duncan has been charged and placed before the courts over the alleged theft of some $20,000 per month—argued to be his fee as a Director while employed at the Guyana Power and Light (GPL) Company.

President David Granger

President David Granger

Nandlall, over the weekend, added his voice to the fray, to condemn the decision made by President David Granger, calling it unlawful and ‘constitutional heresy.’

The former AG, in laying a base for his arguments, contended that Duncan is a member and the Chairman of the PSC and by virtue of provisions of the constitution, the Chairman of the PSC is, ex officio, a member of the Police and Judicial Service Commissions.

According to the former Legal Affairs Minister, the PSC “like the other service commissions, are institutions created by the Constitution and endowed with the fundamental role and function of guarding against executive abuses.”

He argues that the commissions are “a significant component of the most critical array of constitutional mechanisms created to protect the citizenry against executive and other excesses.”

According to Nandlall, it is for this very reason that “those who constitute these Commissions are themselves clothed with even greater security of tenure and institutional independence. To these persons, the Constitution accords the highest regime of protection and functional independence.”

According to the provisions cited by the former AG, “Save as otherwise provided in this Constitution, in the exercise of its functions under this Constitution a Commission shall not be subject to the direction or control of any person or authority.”

Constitutional protection

Nandlall maintains that as Chairman of the PSC, Duncan enjoys all these constitutional protections.

He posits that, “Constitutional purists in Guyana and across the Region must have been deeply shocked about certain disclosures Mr Duncan made a few days ago,” when in a public statement, Duncan related that he was invited to meet with the head of the Executive, the President, and the President’s Chief Aide, Joseph Harmon, Minister of State, “where of the President requested Mr Duncan’s resignation and Mr Harmon offered him a suitable financial package for his exit.” According to Nandlall, by virtue of his actions, the President has simply shoved aside the sophisticated network of mechanisms of protection enshrined in the Constitution of Guyana.

“This constitutional heresy was compounded by ‘the blood on the carpet’ reference – whatever that means… In short, the President has flagrantly violated the letter, spirit, and intent of some of the most sacrosanct constitutional provisions, and indeed his actions strike at the very heart of our constitutional democracy,” said Nandlall.

Making his case for the impeachment of President Granger, Nandlall points to Article 94 of the Constitution of Guyana which provides that “The President may be removed from office if he or she commits any violation of this Constitution or any gross misconduct.”

Recounting the brouhaha surrounding Duncan, Nandlall observed that “While certain criminal charges are pending before a Magistrate at the Georgetown Magistrates’ Courts against Mr Duncan, the Government decides to trigger a constitutional process to remove him from office on the ground that the pendency of those charges can interfere with the discharge of his constitutional functions.”According to Nandlall, the engagement between Duncan and the President alone “renders this constitutional process farcical.”He points out that as provided for in the Constitution, the Prime Minister has already advised the President that Duncan’s removal from office should be investigated—As a result, the President has established a tribunal which has already begun its work. Nandlall said he has since already made an application for the tribunal not to proceed with its mandate “on the ground that the tribunal itself is legally defective and that it is about to embark upon a course which is manifestly unconstitutional, unlawful and illegal.”

 

Ministry of the Presidency continues financial breaches

AG 2015 Report

AG bemoans non-implementation of prior recommendations

Breach of financial regulations, overpayments to contractors, late or non delivery of equipment and other supplies continue to plague the Ministry of the Presidency, were among some of the pertinent findings of Auditor General Deodat Sharma, during his examination of the Public Accounts of the A Partnership for National Unity/Alliance for Change (APNU/AFC) Government’s first year in office.

Auditor General Deodat Sharma

Auditor General
Deodat Sharma

Among some of the findings in Sharma’s Report, laid in the National Assembly last Thursday by House Speaker Dr Barton Scotland, is a $155 million allotment or the procurement of office equipment, of which $144.8 million was expended, including $19.108 million which was paid to an overseas supplier in December 2015 for the supply and installation of CCTV systems at the National Intelligence Centre.

However as of September 2016, the items were still not delivered.

Meanwhile, the remaining $125.8 million was used to procure security systems, computers and laptops, office furniture, air conditioning units and office equipment for the ministry.

According to the audit report, a physical verification was carried out to determine the receipt, marking and location of the items purchased and items totalling $14.905 million could not be located.

In face of this, Sharma recommended that the ministry implement measures that will ensure strict compliance with stores regulations.

Overpayments

Meanwhile, the report shows that the Ministry sole sourced a contractor to construct a perimeter fence and security lights at Building E Castellani Compound at a cost of $12 million. It said that at as December 2015, some $11.679 million was paid to the contractor, but based on a physical measurement taken on site and calculations; there was a $2.3 million overpayment.

The Auditor General has urged the Ministry take immediate actions to recover the overpayment and ensure that construction works are done in keeping with specifications.

Under the department of Public Service, it was revealed that the department’s records show that it expended $772.1 million on training, including $271 million for payment of tuition, airfare, accommodation, stipend, allowances, etc, for students studying overseas.

“Audit examination of the Register of Students revealed that pertinent information, such as benefits and allowances payable to the students, were not recorded. In addition, it was also observed that all the institutions to which the Ministry pays tuition fees were not recorded in the register. In the circumstance, reliance could not be placed on the accuracy of the information in the Register,” the report stated.

The Auditor General also stated that at the time of the audit, matters involving a $120.7 million expenditure for payments of Financial Assistance for Public Service Performance Evaluation in the ten Administrative Regions were attracting attention of the Courts; whilst, the Audit Office was also conducting an investigation into a $18.9 million payment for financial assistance for students studying in Cuba.

Misuse of Lotto funds

The Auditor General also revealed that the Ministry utilised millions of dollars in revenues garnered from the Lotto Fund for the construction of the controversial D’Urban Park, Georgetown, without Parliamentary approval.

Government earns 24 per cent of the proceeds from the Guyana Lottery Company, but this money is paid into an account controlled by the Ministry of the Presidency and spent with the approval of Cabinet.

The AG said that at the end of 2015, the deposits to the account amounted to some $1.8 billion. However, the Government transferred $1 billion of that money to the Consolidated Fund, while the Ministry of the Presidency held onto more than half a billion dollars, of which it spent some $305 million on various activities including $36.5 million on the rehabilitation of D’Urban Park; $63.7 million on Mashramani celebrations and another $51 million was utilised for ‘music’.

Other activities funded by the Ministry of the Presidency using the Lotto proceeds are related to Emancipation, Amerindian Heritage and Carifesta, among other celebrations.

Many of the issues highlighted in Sharma’s report are not new and recommendations were made in the past to address these, however, it seems that very little action has been taken in this regard.

“The Audit Office continues to view the lack of action towards the implementation of prior recommendations with serious concerns and suggest stringent action be taken to address these findings, especially those related to overpayments on construction works, lack of weak internal controls, including poor record keeping and breaches of relevant Legislation,” he stated in his summary of recommendations.

 

Fire guts Sophia house

A fire of unknown origin destroyed the upper flat of a two-storey house in ‘A’ Field Sophia, Greater Georgetown, on Sunday, rendering the lone occupant homeless.

A Sunday blaze destroyed the upper flat of an A Field, Sophia house

A Sunday blaze destroyed the upper flat of an A Field, Sophia house

Based on reports reaching Guyana Times the fire started just before 12:00h and the owner of the concrete and wood house, Nandkishore Ragnauth, was not home.

According to neighbours, smoke was observed from the upper flat of the house and an alarm was raised. Neighbours immediately formed a bucket brigade but were unable to save the house since the intense inferno quickly consumed the house.

“After we realised that we couldn’t do anything to save the house, we start soaking the neighbours’ houses,” one woman said.

Another neighbour, a male, continued that “the heat was so much that de gutter pon the neighbour house start melting out so we come together as a community and help them wet the other house them… we couldn’t save that one, so we try to at least save de rest.”

Meanwhile, the residents related that the Fire Service was summoned and upon arrival, the entire upper flat was already engulfed.

After about an hour or so of rigorously battling the inferno, the blaze was doused but only after completely destroying the upper flat of the house.

This newspaper could not verify the extent of the damage in the bottom concrete flat.

Nevertheless, investigators from the Guyana Fire Service have launched an investigation to determine the origin of the blaze.

 

President donates $1M to Saraswati Vidya Niketan School

As the Saraswati Vidya Niketan (SVN) School on Sunday afternoon honoured the graduates of the institution for their outstanding performance at this year’s Caribbean Secondary Education Certificate (CSEC) and Caribbean Advanced Proficiency Examinations (CAPE), President David Granger announced that he would be donating $1 million to the school.

The top student of SVN Ramkumarie Ramdass receiving the President’s award from President David Granger

The top student of SVN Ramkumarie Ramdass receiving the President’s award from President David Granger

This, along with a gold plaque to feature the names of the school’s top student each year, beginning from 2016, was handed over by the President.

More than 80 students, along with family and relatives, attended the grand ceremony held at the school, on the West Coast of Demerara, Region Three (Essequibo Islands-West Demerara)

For 2016, SVN stands second in Guyana with regard to the number of students who graduated with 11 grades one at the examinations, with 24 of the students copping eight grade ones or more.

Ramkumarie Ramdass copped the top position at the institution, attaining 19 grade ones.

She was greatly honoured by President Granger for her outstanding performance, receiving the President’s Award, along with a cheque for $20,000 and a laptop computer. Both Ramdass and the second best graduating student, Kimberley Najab, were presented with US$500 also.

Najab was also presented with the Prime Minister’s Award of Excellence by Mrs Sita Nagamootoo, the wife of Prime Minister Moses Nagamootoo.

The Head of State, during his remarks, underscored the importance of values which are being instilled predominantly at the institution.

According to the President, education is about inculcating values, as the two go hand in hand.

“Education is never a matter of simply getting a job, its values cannot be measured in employment alone. Education is about inculcating values,” he said.

The Head of State, while reflecting on the roots of education in Guyana said, “It is from the families and the religious organisation that our poor foreparents build their children’s education after the end of indentureship and they did this with the values that they instilled.”

He noted that the SVN fully displayed what was learnt from our foreparents in terms of educating students.

“There is no better place than SVN to speak about those values. This very institution is a monument to our diversity. The name itself is not only indicative but also inspirational,” the President stated.

The name Saraswati Vidya Niketan is a merger of Saraswati, the goddess of knowledge, and Vidya Niketan which means house, thus meaning House of Knowledge.

The President then praised the school for its outstanding work, noting that it was an example to be followed.

“It is good for us to gather here at the SVN and it is an example not only to the Hindu community but to the entire Region Three and to the rest of the country. Education enhances skills and emancipates the mind from arrogance, from anger and from hatred. Education can achieve a lot, but only if it is accompanied by certain values and this school combines the values that which value education.”

Special invited guest speaker at the event and a former Professor of the University of the West Indies, Clement Sankat lauded the students for their accomplishments.

“I don’t know how you do it, but you students have all done such outstanding work: you are all winners,” he declared.

Sankat congratulated the school’s board for its outstanding performance over the years, noting that the SVN must be extremely proud of its achievements.

He focused his attention on the fact that SVN does not have a National Grade Six Assessment (NGSA) marks limit for admittance to the school. Students who gained low marks at the Assessment, such as 320 marks, are admitted. “They did not do well at previous examinations and through this institution, they are opening doors to future careers which they could not have done otherwise,” he stated and praised the SVN.

Principal Swami Aksharananda also praised the students, noting that the institution was proud of them and their accomplishments.

 

APNU/AFC Govt defaults on $20B debt in 2015

…a dangerous Burnham tactic that will burden

future generations – economist

Guyana last year defaulted on payments of in excess of $20 billion that was supposed to be utilised to pay off in part, sections of the nation’s Public Debt—a dangerous situation that has since grabbed the attention ofsase-singh economists.

The fact that $20 billion was not used by the coalition A Partnership for National Unity/Alliance for Change (APNU/AFC) Government is documented in the nation’s audited accounts for 2015 undertaken by the Auditor General’s Officethe first such for the coalition government since taking Office.

In that 2015 Report, it is highlighted that Central Government’s current (recurring) expenditure was under the 2015 budget allocation by $25.8 billion.

This shortfall, according to the Auditor General, was mainly due to $20.3 billion under Public Debt, for servicing of loans, which was not utilised.

The remaining amounts that were not utilised was $2 billion for the Guyana Elections Commissions (GECOM) hosting of Local Government Elections which was not held that year; $1.2 billion which was unspent by the Finance Ministry; $280 million not used by the Ministry of the Presidency; and another $658 million allocated to the Health Ministry for activities not fully executed.

On the matter of the Finance Ministry failing to honour or pay its public debt by in excess of $20 billion, the once AFC aligned economist Sasenarine Singh has since questioned whether President David Granger is even aware of this development.

“Does President Granger know that his Minister of Finance (Winston Jordan) under-paid the debt by G$20 billion… If not, who really is the Finance Minister accountable to?” Singh queries.

Dangerous Burnham tactic

According to the economist, “not paying the debt down as budgeted is a debased financial strategy especially when there is money to fund this promise.”

Calling the development dangerous and reminiscent of the practices of the Forbes Burnham Administration, Singh is adamant that “not paying one’s debt, as promised, is a bad thing since it translates to the future generation being saddled with these debts as a brought forward from the past.”

He posits, “This means more taxes for the primary and secondary school children of Guyana when they grow up… Is this the legacy of the Granger administration?”

According to economist Singh, “It is the children of Guyana who will have to bear this future burden because of this misstep under the Granger administration.”

According to the economist, “This is a dangerous development and it harks one back to what happened under the Burnham administration when that government refused to pay the debt leading to the debt burden climbing to 98 cents of every dollar earned by 1990.”

Singh has since laid the proverbial gauntlet at the feet of the Fourth Estate saying, “The local media should demand an explanation from the Minister of Finance as to why he did not liquidate the promised amount of the national debt, when there was enough cash to take care of business.”

Meanwhile, as was the case with the significant shortfall in expenditure with regards to government’s recurrent expenditure, Singh has observed too that 2015 Auditor General’s Report highlights that Central Government failed to achieve their anticipated levels of capital expenditure activities during 2015, resulting in a shortfall of G$8.5 billion.

This shortfall was attributed primarily to delays in the implementation of key infrastructure projects.

According to Singh, the appalling performance by Public Infrastructure Minister, David Patterson, comes as no surprise, “as I observed his performance as he struggled to compile a basic list of candidates in 2011.”

Singh also used the opportunity to take a swipe at the President’s address to Parliament on Thursday last calling it, “most uninspiring” and “illustrates he is definitely out to sea.”

Singh was also critical of the administration’s failure to garner its projected revenues for 2015 and points to the fact that even though revenue collection fell short, the administration was still on a spending spree.

Current revenue fell short in 2015 by $741 million and according to Singh, “when a nation cannot collect on its revenue but continues to spend on parades and marching parks like there is no tomorrow, then it means there will be less money for real Police services, real healthcare services, real services to the poor and the vulnerable and most importantly real educational services… Can you understand why President Granger cannot face the Teachers Union (GTU)?”

According to Singh, a government is as good as its first 100 days and “if this was President Granger’s 100 days, then God help Guyana.”

 

DTL not going anywhere – Trotman

says industrial unrest to be resolved

Contrary to reports in the media that Demerara Timbers Limited (DTL) has been phasing out operations with the intention of ceasing operations in Guyana, Natural Resources Minister Raphael Trotman has disclosed that the company has no such plans.raphael-trotman

In fact, he explained at a press conference on Friday that the logging company has indicated to government its intention to continue operations here. However Trotman pointed out that because of the slowdown in the Asian markets, Demerara Timbers has scaled down operations.

“Following consultations between the ministry and the company, we have been assured that the company has every desire to continue in Guyana, but of course because of the slowdown in the Asian markets, they have slowed some operations and production but there is no intention to leave the country or to surrender their operations,” the Minister asserted, adding that a statement to this effect from the company is imminent.

DTL has attracted much criticism of recent over the sacking of 11 protesting workers, who were advocating for pay increases. It was reported that some 72 workers were on a retrenchment list, which would be effected by December.

The company reportedly disclosed its intended plans during a meeting held on Tuesday last with the Guyana Agricultural and General Workers Union (GAWU), after it was asked to defend its decision to fire the workers who protested at DTL’s headquarters in Kingston, Georgetown, the week before.

On October 3, workers took industrial action in their quest for a pay raise. However, the next day nine DTL employees were handed pink slips and the other two met the same fate over the next few days. A move vehemently condemned by GAWU.

In fact, the union on Wednesday issued a statement pointing out that this is the first time that a private or public entity has taken such an action despite the country’s labour laws, which prohibits workplaces from dismissing workers for taking industrial action. GAWU had pointed out that DTL’s actions are a violation of Section Eight of the Termination of Employment and Severance Pay Act.

These events raised concerns within the Natural Resources Ministry, which during the past week said that the Guyana Forestry Commission (GFC) has been mandated to investigate and provide a report on the situation with the company.

Nevertheless, Minister Trotman noted on Friday that the Social Protection Ministry is looking into the industrial unrests involving the company, its workers and the union, and is currently engaging the logging company.

“So we are thankful the Ministry of Social Protection has intervened and so we expect the matter will be resolved quickly to the best interest of both the company and the workers; and as a norm, hopefully the workers will regain their employment and not be punished,” the Natural Resources Minister posited.

Demerara Timber Limited has over 516,000 hectares in Timber Sales Agreement in areas at Mabura, Region 10 (Upper Demerara-Berbice), making it one of the largest concession holders in the country. The company is officially controlled by an investor, who is said to be from Malaysia.

 

Linden Police Officers charged

Two Police officers of Linden, Region 10 (Upper Demerara-Berbice) were jointly charged with simple larceny and made an appearance before a City Magistrate.

Troy Miller of Lot 844 South Amelias’ Ward, Linden, and Grey Simpson of Lot 27 Danjou Ville, Wismar, Linden, both pleaded not guilty to the charge which stated that on Friday 5 August 2016 at the Police Training Centre ground they stole 1 Blu cellular phone valued $19,000, property of Roger Bowen.

Police prosecutor Shellon Jupiter told the court that the cellular phone was not recovered.

The Police officers were both placed on $20,000 bail and ordered to return to court on October 27, 2016.

 

Dim rice prospects

 

The “second”, or “big crop” in the rice industry is at its harvesting peak, as users of our highways know to their cost as their vehicles are forced to a crawl behind “tractor trailers” filled with paddy on their way to rice mills. Last year, production reached an all-time high of 687,784 tonnes of rice as opposed to 635,238 tonnes in 2014, 535,555 tonnes in 2013 and, 422,000 tonnes in 2012. Guyana became one of the countries mentioned in world rice export tables after we crossed the historic 500,000 tonne line in 2014.

The sustained increase in rice production started with the Venezuelan PetroCaribe “oil-for-rice” deal struck by President Jagdeo and his Venezuelan counterpart President Hugo Chavez in late 2009. Starting from zero, exports to that country zoomed to over 230,000 tonnes of milled rice and paddy (rough rice) by the time the agreement ended last year.

Losing almost 40 per cent of its market was an extreme shock to the industry since the Venezuelans had been paying a premium price for our rice – US$760/tonne compared to the average world market price of US$540/tonne.

In 2015, then even though we exported some 537,334 tonnes of rice compared to 501,208 tonnes for 2014, the revenues generated were US$29M less even though more than 36,000 tonnes of rice were shipped. Millers and other exporters ended up having to accept prices as low as US$340/tonne of rice as they scrambled for new markets.

The prices paid to farmers dropped precipitously from the $3000-$3500/bag of paddy which is their breakeven level towards the end of 2015 and remained there during the “first” crop earlier this year. It was clear to everyone, excepting the government that the rice industry was now in a crisis of almost the same proportions as sugar. In the normal course of the demand/supply market paradigm, it would be “rational” for farmers to move out of rice if it is not profitable. But in Guyana, with rice being basically a peasant industry providing a subsistence living for over 70,000 rural persons, there are no alternative marketable cash crops that the farmers can quickly move into to sustain their families.

As such, this year, the total production will certainly match last years’ but the prices will keep falling through the floor since overall world production continues to outpace demand and this serves to keep prices depressed. Domestically paddy prices in Region 2 and the Essequibo Islands have already plunged below $2000/bag so that farmers will not even be able to recoup their cost of production.

Over in Berbice, while the prices are somewhat higher, it is still at best breakeven. This will have a ripple effect in the economy as the farmers will have little or no discretionary income to spend and will even have to defer loan payments to banks.

Since the ending of the Venezuelan barter arrangement, there have been several suggestions to deal with the crisis in rice: Firstly farmers have to lower their costs of production and government can remove taxes on their farming inputs. Secondly, Guyana still owes at least $20B to Venezuela for petroleum shipped. Negotiations can be opened up by our government to restart the rice-for-oil arrangement. Venezuela continues to suffer from severe food shortages and it will be in their government’s interest to consider our offer favourably.

Opening other markets is obviously necessary but the government has to be clear that it has a responsibility to seek those markets in conjunction with the GRDB which receives US$6/tonne for rice exported.

The Mexican market for paddy supposedly “secured” by PM Nagamootoo last year is unlikely to materialise since the US has a large surplus and with its NAFTA tariff advantage, prices will hit rock bottom.

The most likely scenario is that less land will be planted next crop and more farmers will sink into poverty.

 

Sophia man charged

A man of Sophia, Georgetown, appeared before Magistrate Faith Mcgusty at the Georgetown Magistrates’ Courts charged with unlawful assault.

It was alleged that on Tuesday 11 October 2016 at Sophia he unlawfully and maliciously wounded Funder Luke with intent to maim, disfigure and disable.

Lennox Toppin, 49, pleaded not guilty to the charge.

Toppin who was unrepresented, pleaded with the Magistrate for bail since he is unemployed.

The Magistrate granted the defendant bail in the sum of $25,000, however the defendant made it known to the Court that he is unable to pay the bail. He further requested reduced bail amount, which was denied as the Magistrate stated that bail is maintained, considering the offence.

Toppin is scheduled to make his next court appearance on 20 October 2016.

 

EBD man charged with assault

A 20-year-old of Lot 15 Rahaman Park, Georgetown, appeared before a City Magistrate on a charge of unlawful assault.

It was alleged that on Wednesday, October 12, 2016 at Rahaman Park, Samuel Azees unlawfully and maliciously assaulted Errol Dualon to cause actual bodily harm.

Azees pleaded not guilty to the charge. The virtual complainant, Dualon, was a no-show at court.

Representing the defendant was attorney Dexter Todd who told the court that his client has never had any interactions with the law. He added that his client “may have stolen a mango from somebody’s tree but nothing more”.

He further made an application for bail, stating that his client is young and engaged, while also noting the VC’s absence.

Prosecutor Shellon Jupiter indicated to the court had no objection to the accused being granted bail.

As such, bail was granted in the sum of $15,000 and Azees will make his next court appearance on October 27, 2016.