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FM
Former Member

Gov’t maintains legality in appointing Mabaruma Mayor, NDC Chairmen. Basil Williams is telling the judge how to do his job.

 
Attorney General Basil Williams and Communities Minister Ronald Bulkan

Attorney General Basil Williams and Communities Minister Ronald Bulkan

The APNU+AFC Administration is  maintaining that it acted within the confines of Guyana’s constitution when Communities Minister Ronald Bulkan moved to appoint the Mayor and Deputy Mayor of Mabaruma and the Chairmen of five Neighbhourhood Democratic Councils across the local government sphere.

This follows a ruling by Justice Diana Insanally; who on Wednesday quashed the appointment of a Mayor the new town of Mabaruma and ordered the holding of fresh elections in those local authority areas.

However at a press conference on Thursday, Government’s chief legal advisor – Attorney General Basil Williams made it clear that the Judge misinterpreted the law.

Williams stated that Chapter 28:01 of Guyana’s constitution explicitly states that the Minister has the right to appoint the Mayor, Deputy Mayor and NDC Chairpersons for Local Authority Areas if the Councilors cannot arrive at a consensus.

He pointed out that Insanally misconstrued the law and did not consider it in complete context given that voters as prescribed by 16:06 of the Local Government laws would refer to the elected councilors.

He stated that the very legislation explicitly states that the Mayor and Deputy Mayor cannot be elected by the electorate hence it would be illegal to return to the polls for fresh elections for the very purpose.

It was noted that if the council fails to arrive at consensus for a Mayor at the initial meeting, another r meeting is scheduled; Williams said that both of these steps were taken before the intervention by Bulkan.

The Communities Minister on the other hand made it clear that the Councilors were duly notified by the Town Clerk and Overseers. He pointed out that they were also given an agenda which stated the sole objective of the meeting as the election of Mayor and Deputy Mayor in the case of Mabaruma.

Rupert Henry Smith talking the Oath of office as Mayor of Mabauma before President David Granger on Wednesday, April 7, 2016.

Rupert Henry Smith talking the Oath of office as Mayor of Mabauma before President David Granger on Wednesday, April 7, 2016.

He emphasized that there is nothing in Guyana’s laws that would allow the electorate to directly elect a Mayor and Deputy Mayor.

Asked what the government would do going forward, it was indicated that the government intends to challenge the ruling while abiding with the law as prescribed.

This would mean that Henry Smith and Astrille Gamell are expected to resume their portfolios as Mayor and Deputy Mayor of Mabaruma in the near future.

The Bulkan appointed NDC Chairpersons are also expected to resume their portfolios at the respective NDC’s.

http://demerarawaves.com/2016/...-mayor-ndc-chairmen/

Replies sorted oldest to newest

"He pointed out that Insanally misconstrued the law and did not consider it in complete context given that voters as prescribed by 16:06 of the Local Government laws would refer to the elected councilors.

He stated that the very legislation explicitly states that the Mayor and Deputy Mayor cannot be elected by the electorate hence it would be illegal to return to the polls for fresh elections for the very purpose.'


This is on target,after reading the Constitution relating Local Government Elections i came to the same conclusion.

Councilors elect the mayor.

I aint no lawyer i can read and understand well,especially when you are in the technical field.

Django

This guy Django is quick to defend a hypocritical government that practice dictatorship, and cast doubts on the judicial system. Like the constitution was written for the PNC ONLY for bullyism purposes. Is their way or noway.  

FM
Django posted:

"He pointed out that Insanally misconstrued the law and did not consider it in complete context given that voters as prescribed by 16:06 of the Local Government laws would refer to the elected councilors.

He stated that the very legislation explicitly states that the Mayor and Deputy Mayor cannot be elected by the electorate hence it would be illegal to return to the polls for fresh elections for the very purpose.'


This is on target,after reading the Constitution relating Local Government Elections i came to the same conclusion.

Councilors elect the mayor.

I aint no lawyer i can read and understand well,especially when you are in the technical field.

You and I have a different reading of the law

V
Cobra posted:

This guy Django is quick to defend a hypocritical government that practice dictatorship, and cast doubts on the judicial system. Like the constitution was written for the PNC ONLY for bullyism purposes. Is their way or noway.  

I think he is basically a good person.  He only has a bad habit of smoking the wrong weed from time to time!

Bibi Haniffa
VishMahabir posted:
Django posted:

"He pointed out that Insanally misconstrued the law and did not consider it in complete context given that voters as prescribed by 16:06 of the Local Government laws would refer to the elected councilors.

He stated that the very legislation explicitly states that the Mayor and Deputy Mayor cannot be elected by the electorate hence it would be illegal to return to the polls for fresh elections for the very purpose.'


This is on target,after reading the Constitution relating Local Government Elections i came to the same conclusion.

Councilors elect the mayor.

I aint no lawyer i can read and understand well,especially when you are in the technical field.

You and I have a different reading of the law

http://www.guyaneselawyer.com/...ana/Laws/cap2801.pdf

Vish,click on link and check who elects the Mayor.

Django
Bibi Haniffa posted:
Cobra posted:

This guy Django is quick to defend a hypocritical government that practice dictatorship, and cast doubts on the judicial system. Like the constitution was written for the PNC ONLY for bullyism purposes. Is their way or noway.  

I think he is basically a good person.  He only has a bad habit of smoking the wrong weed from time to time!

Bibi that kind of stuff not for me,i like my cigars.

Django

I hope they wait for the appeal. It appears the judge erred. No elections is required for the Mayor per the laws. It does them no harm to wait and request an expeditious hearing from the high court.

What is alarming here is the case of   Orealla where the PPP completely ignored the amerindians and placed their candidate for elections. Then there was the willful implantation of IMCs across the country not appointing everyone by diktat and having no qualms about it. The PPP are toxic. They cannot be allowed to govern again until they have recycled the poison from their ranks. Meanwhile, the APNU need not follow their hypocritical habit. Follow the law and wait the appeals.

FM

Once again one of the crooked PPP judges ignoring the law and handing down a judgement in favour of the PPP. The cheek of the PPP drugs barons to then come and accuse the government of dictatorship.

Mr.T
Mr.T posted:

Once again one of the crooked PPP judges ignoring the law and handing down a judgement in favour of the PPP. The cheek of the PPP drugs barons to then come and accuse the government of dictatorship.

Because the name of the Judge sounds East Indian, and ruled in favour of the appellant, you call her a PPP Judge. Judges are independent and interpret the laws as they are written. If their decision is wrong in the eyes of others, they have right to appeal. Let them do that. So Mr. T I would suggest that you stop injecting the cancer that is racism on this board.  You make me sick whemn I read your posts.

FM
Django posted:
VishMahabir posted:
Django posted:

"He pointed out that Insanally misconstrued the law and did not consider it in complete context given that voters as prescribed by 16:06 of the Local Government laws would refer to the elected councilors.

He stated that the very legislation explicitly states that the Mayor and Deputy Mayor cannot be elected by the electorate hence it would be illegal to return to the polls for fresh elections for the very purpose.'


This is on target,after reading the Constitution relating Local Government Elections i came to the same conclusion.

Councilors elect the mayor.

I aint no lawyer i can read and understand well,especially when you are in the technical field.

You and I have a different reading of the law

http://www.guyaneselawyer.com/...ana/Laws/cap2801.pdf

Vish,click on link and check who elects the Mayor.

Django, I agree with you. I hope they await the appeal.

Mitwah

LAWS OF GUYANA

Municipal and District Councils

Cap. 28:01

12.(l) The Town Clerk shall in each year which is a year of election

of City Councillors call, after the declaration under section 101 of the

Local Authorities (Elections) Act of the results of that election, a

meeting, to be held not later than the tenth day after such declaration, of

the persons elected thereat to be City Councillors and shall in any other

year, not later than the date of expiration of the term of office of the

Mayor and the Deputy Mayor then in office, call a meeting of the City

Councillors, for the purpose of electing the Mayor and the Deputy

Mayor for the ensuing year.


 

The JUDGE erred,did not read the laws in it's  entirety.

 

 

Django
Dondadda posted:
Mr.T posted:

Once again one of the crooked PPP judges ignoring the law and handing down a judgement in favour of the PPP. The cheek of the PPP drugs barons to then come and accuse the government of dictatorship.

Because the name of the Judge sounds East Indian, and ruled in favour of the appellant, you call her a PPP Judge. Judges are independent and interpret the laws as they are written. If their decision is wrong in the eyes of others, they have right to appeal. Let them do that. So Mr. T I would suggest that you stop injecting the cancer that is racism on this board.  You make me sick whemn I read your posts.

Don,the Judge erred,constitutional matters before the court should not be be rushed especially in Guyana where the racial divide is thin.

Django
Last edited by Django
Dondadda posted:
Mr.T posted:

Once again one of the crooked PPP judges ignoring the law and handing down a judgement in favour of the PPP. The cheek of the PPP drugs barons to then come and accuse the government of dictatorship.

Because the name of the Judge sounds East Indian, and ruled in favour of the appellant, you call her a PPP Judge. Judges are independent and interpret the laws as they are written. If their decision is wrong in the eyes of others, they have right to appeal. Let them do that. So Mr. T I would suggest that you stop injecting the cancer that is racism on this board.  You make me sick whemn I read your posts.

Don't type nonsense. Playing the race card on me won't wash. I am no less Indian than you would want to claim to be. As for the judge interpreting the law: that has since been proven to not be the case. Only a bribe from the PPP could have secured such an illegal judgement.

Mr.T
Bibi Haniffa posted:
Cobra posted:

This guy Django is quick to defend a hypocritical government that practice dictatorship, and cast doubts on the judicial system. Like the constitution was written for the PNC ONLY for bullyism purposes. Is their way or noway.  

I think he is basically a good person.  He only has a bad habit of smoking the wrong weed from time to time!

I think you are a good person too, except that you are a bit slow.

Mitwah
Mr.T posted:
Dondadda posted:
Mr.T posted:

Once again one of the crooked PPP judges ignoring the law and handing down a judgement in favour of the PPP. The cheek of the PPP drugs barons to then come and accuse the government of dictatorship.

Because the name of the Judge sounds East Indian, and ruled in favour of the appellant, you call her a PPP Judge. Judges are independent and interpret the laws as they are written. If their decision is wrong in the eyes of others, they have right to appeal. Let them do that. So Mr. T I would suggest that you stop injecting the cancer that is racism on this board.  You make me sick whemn I read your posts.

Don't type nonsense. Playing the race card on me won't wash. I am no less Indian than you would want to claim to be. As for the judge interpreting the law: that has since been proven to not be the case. Only a bribe from the PPP could have secured such an illegal judgement.

I was hoping that the racism that runs in all your veins would not wash with you BUT stick with you. I don't care if you are Indian. You are a disgrace on this Board.

FM
Django posted:
.

http://www.guyaneselawyer.com/...ana/Laws/cap2801.pdf

Vish,click on link and check who elects the Mayor.

Don't worry with him.  Had the PPP won and then selected the mayor, he would be jumping up and down and screaming that APNU needs to accept the law and allow the mayor to govern.  This will be followed by the usual insinuations of black savagery.

Different standards now that the PPP has lost.

FM
Stormborn posted:

I hope they wait for the appeal. It appears the judge erred. No elections is required for the Mayor per the laws. It does them no harm to wait and request an expeditious hearing from the high court.

What is alarming here is the case of   Orealla where the PPP completely ignored the amerindians and placed their candidate for elections. Then there was the willful implantation of IMCs across the country not appointing everyone by diktat and having no qualms about it. The PPP are toxic. They cannot be allowed to govern again until they have recycled the poison from their ranks. Meanwhile, the APNU need not follow their hypocritical habit. Follow the law and wait the appeals.

I eagerly await Vish Mahabir's justification for that.

FM

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