Chief Justice unaware Jagdeo granted radio licences
- case for “quashing” Jagdeo’s decision starts July 15
The case of new radio stations became a bit more curious yesterday when Chief Justice (ag) Ian Chang said he was unaware that any licences were granted by former President Bharrat Jagdeo. At least one of those persons touted as receiving a licence has said he has none, but rather what he has is document from the Office of the President.
Chief Justice (ag) Ian Chang
Chang will on July 15, begin hearing arguments in the legal challenge filed by the publisher of Kaieteur News Glenn Lall and the Guyana Media Proprietors Association (GMPA). The parties want the court to quash the decision by former President Bharrat Jagdeo to hand out 11 radio and two cable licences. When the matter came up before the Chief Justice yesterday, Attorney General Anil Nandlall begged the court for a month to file an affidavit in response to the challenge filed by Kaieteur News and the private media houses which make up the GMPA. The respondents in the case asked for a further 14 days to reply, if this is needed, putting the case to July 15. One of the Attorneys for the applicants, Roysdale Forde, was seeking interim relief by way of an order that the National Frequency Management Unit (NFMU) be prevented from issuing any new licences until the determination of the case. It was at this point that the Chief Justice said he was unaware if indeed any licences were granted. One of the persons listed by the Prime Minister as having received a licence said he in fact did not receive a licence, but what he received was a document from the Office of the President allowing him to broadcast. This document, he said, included the frequency on which he could broadcast. However, he said he is yet to receive a licence. Jagdeo issued permission for 11 new radio stations the very month he left office – November 2011. That permission was granted under the Postal and Telegraphy Act. The Chief Justice said that under that Act no one should have operated without a licence. Forde however proceeded with his request for interim relief, mainly that the NFMU be prohibited from issuing new licences. The Attorney General argued that under the current Broadcasting Act, which replaced the Post Telegraphy Act, the NFMU does not grant licences, but it is the Broadcasting Authority which does so. However, Forde argued that the ultimate power still resides in the NFMU, since the Broadcasting Authority would not be able to issue a licence to broadcast if the NFMU does not assign a frequency. After some amount of back and forth, Forde withdrew his application for temporary relief and begged that the court proceed on the main case. Jagdeo had signed an agreement with then Opposition Leader Robert Corbin in May 2003, saying that no broadcast licences would be issued until the new broadcasting legislation comes into effect. However, Jagdeo went ahead and granted permission for those new radio stations to be set up almost one year before the Broadcasting Act came into being at the end of August, 2012.
Bharrat Jagdeo
The parties are asking the High Court to declare that Jagdeo’s granting of radio licences was “arbitrary, unconstitutional, unlawful, unfair, unreasonable, capricious, irrational, procedurally improper, ultra vires, null, void and of no legal effect.” Respondents in the case are the Attorney General, the Minister of Broadcasting, National Frequency Management Unit (NFMU), Guyana National Broadcasting Authority (GNBA) and the twelve recipients that were granted permission to broadcast. All of the respondents, except Hits and Jams, were represented in court yesterday. Among the companies granted permission to broadcast were TVG, which is owned by Jagdeo’s best friend Dr. Ranjisinghi Ramroop, Telcor and Cultural Broadcasting which has links to Jagdeo’s niece Kamini Persaud and her husband Mr. Robert Persaud, the Minister of Natural Resources and the Environment and Mirror newspaper, which is owned by the ruling PPP. All of these companies were granted five radio frequencies each.