Court action filed to dissolve municipalities, NDCs
October 15, 2014, By KNews, Filed Under News , Source -Kaieteur News
Weeks after filing court actions calling for Local Government Elections to be held by December. Leader of the National Independent Party of Guyana, and attorney-at-law, has asked the courts to rule that all municipalities be dissolved and interim management committees established.
Attorney-at-law, Saphier Husain-Subedar
In a constitutional motion filed yesterday, Saphier Husain-Subedar, in court documents said that he is using the Constitution of Guyana and its amendments to back his case, as the laws are being contravened.
He named the Attorney General of Guyana Anil Nandlall and Minister of Local Government and Regional Development, Norman Whittaker, as the respondents.
According to the lawyer, who said he will be using his party to contest the long overdue local government elections, which was last held in the 1990s, he wants a declaration that the current Local Authorities (Elections) Act Cap 28:03 Section 36 A (1) is unconstitutional, inconsistent and repugnant to Article 21 and 71 of the Constitution of Guyana, Universal Declaration of Human Rights Sec (21), and United Nation Declaration on Criteria for free and fair elections (1994) Article (1).
As such, he wanted the High Court to declare that the delay of Local Government to hold elections in excess of 20 years has violated his constitutional rights. He said that the delays would mean that from December 2nd, 2013, the Local Democratic Organs and Municipalities of Guyana would have been illegal.
The lawyer is also asking for a declaration that all acts done; contracts made, taxes collected, wages paid, etc… as from December 2nd, 2013 by all the persons who are in positions in the Local Authorities organs, municipalities and Neighborhood Democratic Council have been operating illegally.
The lawyer also wanted a court declaration “that the Municipalities and Local Democratic Organs be dissolved and all persons – Mayor, Deputy Mayor, Chairman, Deputy Chairman, Counselors vacate their position and deposit their travelling documents to the Chief Immigration Officer and deliver all accounting records to an auditor or auditors appointed by the Court and further ordered that no such person leave the jurisdiction without prior approval of the Court or until satisfactory audit report be tendered.”
Husain-Subedar is also asking for an order that will see an interim management “Controlling Committee” be set up, consisting of professionals, members of the religious organizations, civil society, Chambers of Commerce, businessmen, and members of the Guyana Defence Force in each of the Municipalities and Local Democratic Organs, until a regular and periodic election be held in accordance with law.
The lawyer has been challenging Government on various constitutional issues over the years.
Recently, he won a court case after challenging a Ministry of Home Affairs measure in which new applicants for passports have to tender a birth certificate that was issued within six months prior to the application. Government later retracted its position on this measure.
With local government elections pending and not held for 20 years, he has now set his sights on another vexing issue.
The international community and the Opposition have both been calling for local government elections to be held early, but the ruling People’s Progressive Party/Civic has found problems with the list of voters, which is being updated.
Source - http://www.kaieteurnewsonline....municipalities-ndcs/