Bill tabled to postpone elections of local councillors
Saturday, 14 December 2013, Source
MINISTER of Local Government and Regional Development Mr. Ganga Peraud, on Thursday, tabled in the National Assembly, the Local Authorities (Elections) (Amendment) Bill 2013, to amend the Local Authorities (Election) Act and allow for the postponement of elections of councillors of local democratic organs.
Minister of Local Government Ganga Persaud.
At the same sitting of the House, Speaker of the National Assembly, Mr. Raphael Trotman informed the House that he has been advised by Head of the Presidential Secretariat (HPS) Dr. Roger Luncheon, that the Local Government (Amendment) Bill will not be returned for consideration.
The Bill was one of four local government related bills, passed in the Assembly on August 7, three of which, the Fiscal Transfers Bill 2012, Municipal and District Councils (Amendment) Bill and the Local Government Commission Bill received Presidential Assent on November 6.
President Donald Ramotar had deemed the Local Government (Amendment) Bill unconstitutional, as it sought to vest control of local authorities in the Local Government Commission and remove ministerial authority over them.
Speaker Raphael Trotman
According the Attorney General (AG) and Minister of Legal Affairs, Mr. Anil Nandlall, in an earlier comment, the Constitution of Guyana establishes a Local Government Commission and stipulates its functions, responsibilities and powers and the amendments of the Bill went far beyond constitutional provisions.
FAR BEYOND
“The Bill was amended to increase the powers of the Commission far beyond the powers granted by the Constitution, rendering the Bill ultra vires the Constitution. Also, various provisions of the Bill were amended by deletion, without the insertion of any mechanism to fill the void created by the deletion,” he said.
The AG maintained that the Local Government (Amendment) Bill was not essential to have Local Government Elections held.
Local government elections have not been held in Guyana since 1994 and prior to then, in 1970.
Subsequent to 1994, the elections could not be conducted because of the coincidence with the general and regional elections of 1997.