Shipping Association takes M&CC to court over container fees

After demanding that shipping companies pay a new fee of ,000 for laden containers to leave their wharves, the Mayor and City Council (M&CC), after being challenged, haS disclosed that the policy of this implementation will be reviewed.
However, even before the announcement of the review, the Shipping Association of Guyana (SAG) moved to the High Court on Tuesday challenging the M&CC’s decision to impose the new fee. The SAG, in its court documents filled, emphasised that the Municipal and Municipal District Councils Act, Ch 28:01 and by-laws does not provide for the imposition of such a tax.

According to the Notice of Motion, the SAG through Attorneys Sase Gunraj and Christopher Ram, sought to have an Order or Rule Nisi of Certiorari directed to Royston King, the Town Clerk of the City of Georgetown, quashing the decision made on July 19, 2016 to block and/or impede access of motor vehicles transporting shipping containers on streets within the City of Georgetown unless a fee of $25,000 per container is paid. This application was made on the grounds that the decision is contrary to and in violation of Municipal and Municipal District Councils Act, Ch 28:01 and by-laws made there under, is biased, without jurisdiction, made in bad faith, is unreasonable, arbitrary, capricious, mala fide, malicious, vindictive, unlawful, ultra vires, null, void and of no legal effect. The SAG is seeking for Town Clerk Royston King to show some cause as to why the said Order or Rule Nisi of Certiorari should not be made absolute.
On Tuesday, the M&CC blocked several streets in Georgetown and its environs, demanding that a $25,000 fee be paid for each container to traverse the city streets.
The management staff of John Fernandes Terminal told Guyana Times that they were approached by the Deputy Town Clerk, Sherry Jerrick, on behalf of the M&CC on Tuesday and were informed that all laden container trucks must pay a fee of $25,000 to traverse the city streets or be blocked at the wharves.
M&CC officials were also present outside the Muneshwer’s Wharf, where they also prevented container trucks from entering or leaving the location unless the $25,000 fee was paid.
While there, Deputy Town Clerk, Sherry Jerrick told media operatives that the City Council was merely invoking Numbers 273 and 274 of its by-laws with respect to the use of its roads by vehicles of a “certain weight”.
Meanwhile, in an effort to pacify the situation, which was out rightly rejected by several prominent members of the business community, the M&CC in a statement late Tuesday evening claimed that it conducted a “road assessment” exercise that saw particular thoroughfares being closed to heavy-duty vehicles. (Ramona Luthi)