Skip to main content

Cars moving along the Berbice River Bridge on Monday

November 7 2018

Source

Although saying government’s temporary takeover of the Berbice River Bridge is unlawful, the concessionaire Berbice Bridge Company Incorporated (BBCI) yesterday said it will comply with the decision and will consider whether it will mount a legal challenge based on a response from Public Infrastructure Minister David Patterson to a request for a justification of the move.

In a brief statement issued yesterday, BBCI indicated that based on legal advice received, it considers the Order through which government has assumed control of the bridge to be “unlawful and ultra-vires” under Section 11 of the Berbice River Bridge Act on which it is based.

Further, the company said it has written to the minister requesting, pursuant to Section 15 of the Judicial Review Act, that he supply a statement of the facts and reasons on which he based the order.

In the letter, which was also made public yesterday, BBCI Finance Controller and Corporate Secretary Stephan Rambajan invoked the Judicial Review Act and said that “as a body affected by the order” the company wishes to know “the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decisions.”

Rambajan said he looked forward to a response within 14 days.

“Subject to the Minister’s response, the BBCI will consider its options which do not exclude a legal challenge to the Order.

“In the meantime, the BBCI considers that it has no alternative but to comply with the Order issued by the Minister prohibiting the Company from implementing the Toll Order Adjustment announced on 16th October, 2018,” the company added.

The Judicial Review Act stipulates that it is the duty of any person or body making an administrative decision, if requested by any person adversely affected by the decision, to supply that person with a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

Government announced on Monday that Patterson had issued an order declaring that the functions of the BBCI “to maintain and operate the bridge shall be exercised by the Government of Guyana as of November 5th 2018 until the date the Minister specifies by notice on the cessation of the threat to public safety.”

It announcing that government was assuming the responsibility for maintaining and operating the bridge from Monday, the Ministry of Public Infrastruc-ture said the decision was in accordance with powers conferred upon the minister by sections 4 (1) and 11 of the Berbice River Bridge Act.

Section 11 states a function exercisable by the Concessionaire may be exercised by the Government –

(a) in the event of a national emergency declared by the President; or

(b) if the Minister determines that –

 (i)  its exercise is necessary or expedient in the interests of public safety; or

(ii) the Concessionaire has defaulted in the performance of its obligations under the  Concession Agreement (following the expiry of all applicable cure periods in the Concession Agreement and any direct agreement relating thereto with project lenders); save, that the Minister shall not be liable for anything done or omitted by the Concessionaire in the exercise or purported exercise of its authority under this section.

Stabroek News reached out to Patterson for a comment on the BBCI’s statement but the minister indicated that he would not be making a comment on the issue.

Government’s decision was made after the bridge company announced that there would be a huge increase in all tolls from November 12th.

The announcement had been met with opposition by Patterson, who had stated that the government would in no way allow “unconscionable increases” and would be seeking legal advice from the Attorney General’s chambers.

In a statement accompanying the order, the ministry indicated that too many citizens depend on the continuous operations and the use of the bridge, and as a result, “we should not allow anyone to unreasonably and capriciously endanger their livelihood and public order in one of our vital regions.”

Further, it noted that government will “be continuing our dialogue with BBCI in expectation of an amicable resolution to the dispute.”

In announcing the planned increases, Chairman of the Board of Directors of BBCI Dr Surendra Persaud said the decision was based on legal advice that the company had received, while also noting that no prior adjustments were ever made and no surpluses have been earned, resulting in the required hikes in the tolls being compounded.

The move also follows a BBCI proposal of 19-year extension of the contract as an alternative to raising the tolls.

Prior to the takeover, Patterson’s ministry said it was seeking legal advice on the matter and it could also not commit to a meeting with BBCI until the request was discussed with the APNU+AFC Cabinet at a meeting slated for today.

“…BBCI’s revised proposal will be shared at the next cabinet meeting slated for next Wednesday, after which a meeting will be scheduled with BBCI to communicate cabinet’s decision, and hopefully move this process forward. The Ministry wishes to note that this response to BBCI is by no means a refusal to meet; rather, it serves to ensure that the Government of Guyana continues to stand ready to advance the best possible option to all Guyanese in continuing dialogue,” it added.

‘Spurious and inflammatory’

Meanwhile, though it has been noted that the temporary takeover will likely raise concerns in the investment community as it amounts to the compulsory acquisition of private property, Private Sector Commission head Desmond Sears has said that his organisation sees it as a contract dispute at this point. “It is a contract dispute and as such, the parties should be given the space to take actions as they seem fit. We will regroup sometime this week and have another discussion with the executives of the council,” he told Stabroek News in an invited comment.

On Monday, the ministry also sought to refute what it dubbed a “campaign of misinformation to spread propaganda” by a few individuals and the main parliamentary opposition about the temporary takeover.

In particular, it rejected “the spurious and inflammatory claims by the Opposition” that a private property has been expropriated in breach of Article 142 of the Constitution and emphasised that no property had been seized or otherwise taken by the government. “We also reject the opposition attempt at fear mongering and statics by exhuming buried legacies of a different era,” it added.

“The action taken by the Government of Guyana is in keeping with the responsibility to ensure public order and safety, and to guarantee the continuous operations of Berbice Bridg

Although saying government’s temporary takeover of the Berbice River Bridge is unlawful, the concessionaire Berbice Bridge Company Incorporated (BBCI) yesterday said it will comply with the decision and will consider whether it will mount a legal challenge based on a response from Public Infrastructure Minister David Patterson to a request for a justification of the move.

In a brief statement issued yesterday, BBCI indicated that based on legal advice received, it considers the Order through which government has assumed control of the bridge to be “unlawful and ultra-vires” under Section 11 of the Berbice River Bridge Act on which it is based.

 

Further, the company said it has written to the minister requesting, pursuant to Section 15 of the Judicial Review Act, that he supply a statement of the facts and reasons on which he based the order.

In the letter, which was also made public yesterday, BBCI Finance Controller and Corporate Secretary Stephan Rambajan invoked the Judicial Review Act and said that “as a body affected by the order” the company wishes to know “the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decisions.”

Rambajan said he looked forward to a response within 14 days.

“Subject to the Minister’s response, the BBCI will consider its options which do not exclude a legal challenge to the Order.

 

“In the meantime, the BBCI considers that it has no alternative but to comply with the Order issued by the Minister prohibiting the Company from implementing the Toll Order Adjustment announced on 16th October, 2018,” the company added.

The Judicial Review Act stipulates that it is the duty of any person or body making an administrative decision, if requested by any person adversely affected by the decision, to supply that person with a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

Government announced on Monday that Patterson had issued an order declaring that the functions of the BBCI “to maintain and operate the bridge shall be exercised by the Government of Guyana as of November 5th 2018 until the date the Minister specifies by notice on the cessation of the threat to public safety.”

It announcing that government was assuming the responsibility for maintaining and operating the bridge from Monday, the Ministry of Public Infrastruc-ture said the decision was in accordance with powers conferred upon the minister by sections 4 (1) and 11 of the Berbice River Bridge Act.

Section 11 states a function exercisable by the Concessionaire may be exercised by the Government –

(a) in the event of a national emergency declared by the President; or

(b) if the Minister determines that –

 (i)  its exercise is necessary or expedient in the interests of public safety; or

(ii) the Concessionaire has defaulted in the performance of its obligations under the  Concession Agreement (following the expiry of all applicable cure periods in the Concession Agreement and any direct agreement relating thereto with project lenders); save, that the Minister shall not be liable for anything done or omitted by the Concessionaire in the exercise or purported exercise of its authority under this section.

Stabroek News reached out to Patterson for a comment on the BBCI’s statement but the minister indicated that he would not be making a comment on the issue.

Government’s decision was made after the bridge company announced that there would be a huge increase in all tolls from November 12th.

The announcement had been met with opposition by Patterson, who had stated that the government would in no way allow “unconscionable increases” and would be seeking legal advice from the Attorney General’s chambers.

In a statement accompanying the order, the ministry indicated that too many citizens depend on the continuous operations and the use of the bridge, and as a result, “we should not allow anyone to unreasonably and capriciously endanger their livelihood and public order in one of our vital regions.”

Further, it noted that government will “be continuing our dialogue with BBCI in expectation of an amicable resolution to the dispute.”

In announcing the planned increases, Chairman of the Board of Directors of BBCI Dr Surendra Persaud said the decision was based on legal advice that the company had received, while also noting that no prior adjustments were ever made and no surpluses have been earned, resulting in the required hikes in the tolls being compounded.

The move also follows a BBCI proposal of 19-year extension of the contract as an alternative to raising the tolls.

Prior to the takeover, Patterson’s ministry said it was seeking legal advice on the matter and it could also not commit to a meeting with BBCI until the request was discussed with the APNU+AFC Cabinet at a meeting slated for today.

“…BBCI’s revised proposal will be shared at the next cabinet meeting slated for next Wednesday, after which a meeting will be scheduled with BBCI to communicate cabinet’s decision, and hopefully move this process forward. The Ministry wishes to note that this response to BBCI is by no means a refusal to meet; rather, it serves to ensure that the Government of Guyana continues to stand ready to advance the best possible option to all Guyanese in continuing dialogue,” it added.

‘Spurious and inflammatory’

Meanwhile, though it has been noted that the temporary takeover will likely raise concerns in the investment community as it amounts to the compulsory acquisition of private property, Private Sector Commission head Desmond Sears has said that his organisation sees it as a contract dispute at this point. “It is a contract dispute and as such, the parties should be given the space to take actions as they seem fit. We will regroup sometime this week and have another discussion with the executives of the council,” he told Stabroek News in an invited comment.

On Monday, the ministry also sought to refute what it dubbed a “campaign of misinformation to spread propaganda” by a few individuals and the main parliamentary opposition about the temporary takeover.

In particular, it rejected “the spurious and inflammatory claims by the Opposition” that a private property has been expropriated in breach of Article 142 of the Constitution and emphasised that no property had been seized or otherwise taken by the government. “We also reject the opposition attempt at fear mongering and statics by exhuming buried legacies of a different era,” it added.

“The action taken by the Government of Guyana is in keeping with the responsibility to ensure public order and safety, and to guarantee the continuous operations of Berbice Bridge, which is a critical infrastructure asset to a very important region of our country. The social good provided by this bridge ranks similar to other important social services such as healthcare and education. Its value to the economic fortunes of many of our people is also well recognised. No responsible government could sit and wait for the stalemate, arising from the unreasonable unilateral action of one party, to continue which could lead to massive disruption and dislocations in people’s lives,” it said.

The ministry further noted that the government will not be accused of failure to act in the people’s interest or for dereliction of duty in protecting the vital economic region of the country, which is showing signs of economic recovery and growth.

It further noted that the claim by detractors that the government has nationalised the Berbice River Bridge is “appallingly incorrect and mischievous” and reminded the opposition PPP that the action that has been taken is under the provisions of a law passed when it formed the government.

“The Coalition Government has no policy to nationalize or take ownership control of any businesses operating legitimately in the territory of Guyana, and we will aggressively resist and push back against any such labelling of our administration. The Coalition Government would also like to assure the business sector that there is no policy or interest to interfere in or take over private businesses or enterprises,” it said.

“The Berbice River Bridge operates as an essential service, and like all other services in such category, it requires government action in times of national emergency. In the present dispute, we have taken management control of the operations of the Berbice River Bridge in the interest of public safety and this will remain in effect until an agreement can be reached with the other stakeholders in the dispute,” it added.

e, which is a critical infrastructure asset to a very important region of our country. The social good provided by this bridge ranks similar to other important social services such as healthcare and education. Its value to the economic fortunes of many of our people is also well recognised. No responsible government could sit and wait for the stalemate, arising from the unreasonable unilateral action of one party, to continue which could lead to massive disruption and dislocations in people’s lives,” it said.

The ministry further noted that the government will not be accused of failure to act in the people’s interest or for dereliction of duty in protecting the vital economic region of the country, which is showing signs of economic recovery and growth.

It further noted that the claim by detractors that the government has nationalised the Berbice River Bridge is “appallingly incorrect and mischievous” and reminded the opposition PPP that the action that has been taken is under the provisions of a law passed when it formed the government.

“The Coalition Government has no policy to nationalize or take ownership control of any businesses operating legitimately in the territory of Guyana, and we will aggressively resist and push back against any such labelling of our administration. The Coalition Government would also like to assure the business sector that there is no policy or interest to interfere in or take over private businesses or enterprises,” it said.

“The Berbice River Bridge operates as an essential service, and like all other services in such category, it requires government action in times of national emergency. In the present dispute, we have taken management control of the operations of the Berbice River Bridge in the interest of public safety and this will remain in effect until an agreement can be reached with the other stakeholders in the dispute,” it added.

Replies sorted oldest to newest

Good Morning DJ

Bai, the minister is implying that this is not an expropriation. They are not in any way making the opposition going around in circles and as I correctly pointed out yesterday to the loudmouths that while the company will comply, it is asking that the minister to define what they meant regarding public safety before taking this matter to the courts. Looks like the government may not expropriate after all. Let this play out. 

In fact, the opposition played a master stroke by labelling this an expropriation. 

 

FM
Last edited by Former Member
yuji22 posted:

Bai, the minister is implying that this is not an expropriation. They are not in any way making the opposition going around in circles and as I correctly pointed out yesterday to the loudmouths that while the company will comply, it is asking that the minister define what the meant regarding public safety before making this matter to the courts. Looks like the government may not expropriate after all. Let this play out. 

Are you sure that was your point of view on the other threads ? The operative word  was "take control" of the Berbice River Bridge.

All ayuh jump up and down Nationalization, even Nanda baba blowed his horn.

Django
Last edited by Django
yuji22 posted:

Looks like the government may not expropriate after all. 

In fact, the opposition played a master stroke by labelling this an expropriation. 

???

pure jackassery on display by the ignorant posting here

FM
Last edited by Former Member

Bai, ress yourself this morning na. Deal worth the facts of this case as it goes along. In the end, the government will sit down with the bridge company and negotiate a settlement, it will be detrimental to future private sector investments if they expropriate the bridge. This is a sensible approach. As I said, let it play out. The big boys are playing with big toys behind the scene.

FM
Last edited by Former Member
ronan posted:
yuji22 posted:

Looks like the government may not expropriate after all. 

In fact, the opposition played a master stroke by labelling this an expropriation. 

???

pure jackassery on display by the ignorant posting here

You gat a big shaft this morning. Take it and staan easy. Did you take a few mins to read the article ?

FM
yuji22 posted:

Bai, ress yourself this morning na. Deal worth the facts of this case as it goes along. In the end, the government will sit down with the bridge company and negotiate a settlement, it will be detrimental to future private sector investments if they expropriate the bridge. This is a sensible approach. As I said, let it play out. The big boys are playing with big toys behind the scene.

I said that since yesterday,when the question you never answered, was put to you on the other thread.

Alyuh think Minister Patterson is stupidy, that Minister is wan smart fella,the man put all alyuh in the corner.

Django
Last edited by Django
yuji22 posted:

Bai, ress yourself this morning na. Deal worth the facts of this case as it goes along. In the end, the government will sit down with the bridge company and negotiate a settlement, it will be detrimental to future private sector investments if they expropriate the bridge. This is a sensible approach. As I said, let it play out. The big boys are playing with big toys behind the scene.

What happened to screams about "Nationalization" and dem can't even run a cake shop? Your PPP cronies placed profit before people lives. They have exposed the users to risks by not carrying out the required maintenance.

Mitwah

"Meanwhile, though it has been noted that the temporary takeover will likely raise concerns in the investment community as it amounts to the compulsory acquisition of private property, Private Sector Commission head Desmond Sears has said that his organisation sees it as a contract dispute at this point. “It is a contract dispute and as such, the parties should be given the space to take actions as they seem fit. We will regroup sometime this week and have another discussion with the executives of the council,” he told Stabroek News in an invited comment.

On Monday, the ministry also sought to refute what it dubbed a “campaign of misinformation to spread propaganda” by a few individuals and the main parliamentary opposition about the temporary takeover.

In particular, it rejected “the spurious and inflammatory claims by the Opposition” that a private property has been expropriated in breach of Article 142 of the Constitution and emphasised that no property had been seized or otherwise taken by the government. “We also reject the opposition attempt at fear mongering and statics by exhuming buried legacies of a different era,” it added."

 

FM
yuji22 posted:
ronan posted:
yuji22 posted:

Looks like the government may not expropriate after all. 

In fact, the opposition played a master stroke by labelling this an expropriation. 

???

pure jackassery on display by the ignorant posting here

You gat a big shaft this morning. 

alyuh reduced to deploying wan straw man called "nationalization"

that's what weak people in a corner do

now dummy, if that is over your head, ask anybody who has actually read a book

like Drugb, you seem to be obsessed with "big shaft" . . . interesting

FM
Mitwah posted:
yuji22 posted:

Bai, ress yourself this morning na. Deal worth the facts of this case as it goes along. In the end, the government will sit down with the bridge company and negotiate a settlement, it will be detrimental to future private sector investments if they expropriate the bridge. This is a sensible approach. As I said, let it play out. The big boys are playing with big toys behind the scene.

What happened to screams about "Nationalization" and dem can't even run a cake shop? Your PPP cronies placed profit before people lives. They have exposed the users to risks by not carrying out the required maintenance.

All you AFC/PNC cronies will have to come back to the table and negotiate a settlement, failing that, only then is expropriation is an option.

All you shut all you loud mouths and staan easy until all of this is resolved. This is not about politics but in the interest of the investment community and Berbicians.

The Big Boys are playing with big toys behind the scene. The investors are no small bais.

FM
Last edited by Former Member
Mitwah posted:

Yugi, please show the investors and how much they have sunk into the building of the bridge.

I am not an investor in that bridge. Ask all you dunce and corrupt minister.

FM
Last edited by Former Member
yuji22 posted:

All you AFC/PNC cronies will have to come back to the table and negotiate a settlement, failing that, only then is expropriation is an option.

All you shut all you loud mouths and staan easy until all of this is resolved. This is not about politics but in the interest of the investment community and Berbicians.

your vicious beat down of IMAGININGS is hilarious

poor education is a baad thing

FM
yuji22 posted:
Mitwah posted:
yuji22 posted:

Bai, ress yourself this morning na. Deal worth the facts of this case as it goes along. In the end, the government will sit down with the bridge company and negotiate a settlement, it will be detrimental to future private sector investments if they expropriate the bridge. This is a sensible approach. As I said, let it play out. The big boys are playing with big toys behind the scene.

What happened to screams about "Nationalization" and dem can't even run a cake shop? Your PPP cronies placed profit before people lives. They have exposed the users to risks by not carrying out the required maintenance.

All you AFC/PNC cronies will have to come back to the table and negotiate a settlement, failing that, only then is expropriation is an option.

All you shut all you loud mouths and staan easy until all of this is resolved. This is not about politics but in the interest of the investment community and Berbicians.

The Big Boys are playing with big toys behind the scene. The investors are no small bais.

Lots of nonsensical prattling.

Django

It funny to watch all you walking around with a big stick in all you rear this morning.

The monster minister overplayed his hand. The company is getting excellent legal advice. Comply, ask him to provide a report to his conclusion that the bride is not safe while traffic is still flowing. Give him 14 days to respond and them take it the courts.

This is NOT an expropriation so the govt cannot act recklessly because the courts will intervene.

In the meanwhile, the Minster will come back to the table. The investors will Ask for 30 years on the Bridge, set 10 percent annual increases as stated in the contract and they win. This is the most likely scenario.

Other than this, the government has to expropriate and they will be reluctant to do so as a result of investors backlash.

Ha Ha !!!!!!!!!! All you fraff !!!!!!

FM
Last edited by Former Member
yuji22 posted:

It funny to watch all you walking around with a big stick in all you rear this morning.

The monster minister overplayed his hand. The company is getting excellent legal advice. Comply, ask him to provide a report to his conclusion that the bride is not safe while traffic is still flowing. Give him 14 days to respond and them take it the courts.

This is NOT an expropriation so the govt cannot act recklessly because the courts will intervene.

In the meanwhile, the Minster will come back to the table. The investors will Ask for 30 years on the Bridge, set 10 percent annual increases as stated in the contract and they win. This is the most likely scenario.

Other than this, the government has to expropriate and they will be reluctant to do so as a result of investors backlash.

Ha Ha !!!!!!!!!! All you fraff !!!!!!

Banna  lighten up on  the fraaf, coming up short added with digging the hole deeper.

Django
Last edited by Django

Add Reply

×
×
×
×
×
Link copied to your clipboard.
×
×