Skip to main content

http://www.kaieteurnewsonline....stitution-of-guyana/

 

NICIL vs. Constitution of Guyana

MAY 3, 2012 | BY  | FILED UNDER LETTERS 

DEAR EDITOR,
National Industrial and Commercial Investments Limited (NICIL), to quote Matt Taibbi when referring to Goldman Sachs Inc. the Investment Bank, “is a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money.”
Replace face of humanity with Guyana and substitute money with assets owned by Government of Guyana and you have a sense of what NICIL is doing to the Guyanese people by shamelessly plundering assets out of Government coffers and into bank accounts controlled by agents of the People’s Progressive Party.
We have a Government corporation disenfranchising the people of Guyana and perverting the laws of Guyana.
The Minister of Finance Dr. Ashni Singh attempts to use the veil of incorporation to justify NICIL’s lack of accountability and malfeasance. The Minister essentially argues that abrogation of the constitution is acceptable since NICIL is governed by the Companies Act.
The subjugation of Article 216 of the Constitution to the Companies Act is of no consequence to our learned Minister of Finance. Article 216 of the Guyana Constitution clearly states: “All revenues or other  moneys raised or received  by Guyana shall be paid into and form one Consolidated Fund.”
The Minister of Finance and the People’s Progressive Party pre-eminent authority on matters financial noted in Guyana Chronicle of April 30, 2012: Several other state-owned companies that operate within the confines of the Companies Act and they carry out their functions “retain their revenue and costs… NICIL is no different….” The worthlessness of the comparison and illegality of it all seems to elude the Finance Minister as NICIL holds an estimated $50 billion of surplus funds raised from the sale of government assets that is held outside of the Consolidated Fund.
The Guyana Constitution requires that government funds be held in the Consolidated Fund. The Companies Act does not require that government monies received by NICIL be held in the Consolidated Fund – nothing to see here, move along, leave us with our slush fund. The fact that NICIL has not been audited for the past several years is also ignored.
Not to be outdone, the inimitable Cabinet Secretary Dr. Roger Luncheon is quoted via Kaieteur News of May 1, 2012: “There are 20-something articles that underpin the creation of NICIL and none of them says that money from NICIL has to be put into the Consolidated Fund.”
The twisted logic of the Cabinet Secretary is that you can create a government entity, omit references to the Consolidated Fund and hey presto, constitutional requirements are irrelevant. The fact that the majority opposition is unable to oversee how funds received from the sale of government property are expended is of no consequence to the Cabinet Secretary.
The existence of NICIL in its current form is revolting to everyone who believes the Constitution is the supreme law of Guyana and if any other law is inconsistent with Guyana’s Constitution that other law shall, to the extent of the inconsistency, be null and void.
The farcical squid of an entity called NICIL as it currently operates; undermines the Constitution as it relates to the purpose of the Consolidated Fund. Such blatant abuse of the law and disrespect to the Guyanese people should not be allowed to stand.
Until funds from the sale of government assets received by NICIL are properly accounted for in the Consolidated Fund; NICIL the vampire squid will keep jamming its blood funnel into the assets of the nation to the detriment of all patriotic Guyanese.
Nigel Hinds

Replies sorted oldest to newest

Originally Posted by Billy Ram Balgobin:

Blowing things out of proportion.

Why is it out of proportion ? What is disproportionate about a  cabal of gluttonous sticky fingers Indians who  are pillaging the coffers before your eyes and sticking their  thumbs in the nations face that ?  These bastards are brazen and yet they have support from you folks and that is the only thing that is more odious than their thievery... your lack of any moral moorings.

FM

They are stealing so much yet there is so much for everyone else. Just look at how much is spent on education, health, housing and other areas of the economy versus the bleak days of Forbes and Hoyte. Look at the economic statistics and the average man lifestyle in Guyana today - improvement without a doubt.

 

 

 

Billy Ram Balgobin
Originally Posted by Billy Ram Balgobin:

They are stealing so much yet there is so much for everyone else. Just look at how much is spent on education, health, housing and other areas of the economy versus the bleak days of Forbes and Hoyte. Look at the economic statistics and the average man lifestyle in Guyana today - improvement without a doubt.

 

 

 

The point is it is the nations money and stealing is unacceptable on every count.  Guyana is w here it is because of international benefaction not the PPP productive capacity. The have not created any tangible productive asset. All income has either been by begging or by sale of our assets. We have to pay back the loans so and to do that we have to reduce the thief. This government cannot  hide state funds from the public. They do not own anything of the state as their private largess.

FM
Originally Posted by Billy Ram Balgobin:

Please provide some facts to substantiate your claims. It has become a bad habit for you to make unsubstantiated charges incessantly.

As noted willful ignorance is never overcome by facts. The PPP has not released an accounting of their handling of the states money here for close to a decade. Why would anyone want to keep something this big off the books if not to loot it? Let them present it for scrutiny.

FM

http://www.demerarawaves.com/i...ing-nicil-funds.html

 

AFC says "PPP cabal" controlling NICIL fundsPDF | Print |
Written by Kwesi Isles   
Friday, 04 May 2012 17:57
AddThis Social Bookmark Button

khemrajThe Alliance For Change (AFC) has accused the ruling People’s Progressive Party/Civic (PPP/C) of directly controlling some GUY$50B in the coffers of the state holding company NICIL and pledges to soon push for an investigation of the entity’s assets.

This was relayed by AFC chairman Khemraj Ramjattan at a news briefing on Friday who said that they understand that a “cabal” of government officials was in control of NICIL’s purse strings.

“This money, which is being held in NICIL’s account, accrued from the sale of assets that were owned by the people of this country, as a result the money should have been placed in the people’s treasury. Instead the government which authorised NICIL to act as the sale agent has pocketed the money in account under their control.   

This has resulted in a situation where the elected representatives of the people cannot monitor or even question how the money is being used. Failure by the government to add this money to the national treasury has resulted in it being cut from the 2012 budget,” Ramjattan stated.

According to him, reputable sources have analysed that over $50B of the people’s money is supposed to be in the NICIL account and many more billions are being held in other accounts under the control of the PPP administration.

He pointed to sales such as the government’s shares in GT&T which should be US$30M, land sale to GBTI and other unspecified deals as proof of the holdings while adding that the last tabled NICIL report  in parliament in 2003 showed that there was some $33B in its account.

“What also is supporting evidence in a circumstantial way is the tight lip of the Ministry of Finance and also Winston Brassington (former head of NICIL). Silence we are also using here, this not being a criminal trial, as evidence indeed that they got huge sums there and that’s why they’re keeping it away from the public’s scrutiny and especially from the parliament’s scrutiny,” Ramjattan said.

Finance Minister Dr. Ahsni Singh had stated on Monday that NICIL was operating within the law and was governed by the Companies Act. He also noted that there were other state companies that the opposition has not been calling on to have their monies included in the Consolidated Fund.

“NICIL’s operations are completely consistent with what is provided for in the Companies Act and one cannot argue that NICIL’s funds should come into the Consolidated Fund and not argue the same for any other government entity,” Dr. Singh told reporters.          

Ramjattan said the AFC will be calling for an investigation of NICIL’s operations as soon as the parliamentary Economic Services Commission is reconfigured to reflect the combined opposition and government ratio in the House.

“This is the Alliance for Change approach to the question, APNU might very well say they have a different approach to it but we think that APNU is going to support our approach that thereafter we would have gotten the reconfiguration completed we then call the very first investigation under the Economic Services Sector Committee and it will be NICIL and we’re gonna order papers and documents and even the Minister of Finance to come and answer questions there and hopefully the cameras will be there.

“We could be found wrong you know … it is enlightened guesswork because the honesty is not forthcoming from the government so we’re going to pressure them and that is the function of a scrutinizing opposition,” the AFC chairman said.

The APNU already has a motion on the Order Paper for next week’s sitting of the National Assembly calling for the “urgent commissioning of an independent financial audit” of the operations of NICILand the Privatisation Unit.

The party is also calling for a detailed report on the disposal by sale or otherwise of all state assets entrusted to those two entities, their outstanding bi-annual reports and annual audited accounts.

It is seeking to have these all done on or before June 1.

Mars

Add Reply

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