CJ rules former President Granger acted improperly by revoking lease

Red House fiasco

Attorney General Anil Nandlall has once again triumphed against his predecessor Basil Williams in the case of the Red House lease, with Chief Justice Roxane George ruling against Williams and the Guyana Lands and Surveys Commission (GL&SC) and in favour of the applicants.

The acting Chief Justice would have ruled on the matter on Friday last. Not only did she rule in favour of the applicant, but she also awarded costs. In her ruling, the CJ upheld the 99-year lease granted by former President Donald Ramotar for the Cheddi Jagan Research Centre (CJRC), the occupants of Red House.
She also ruled that former President David Granger acted improperly when he revoked the said lease on December 29, 2016. According to Justice George, the lease could only have been revoked if there was a breach of the lease by the occupants. No evidence was produced of such.

In her ruling, Justice George found that there was no malfeasance on the part of former GL&SC Commissioner Doorga Persaud. The Judge found that Red House could not be categorised as a national monument since it was not registered in accordance with Section 15 of the National Trust Act.
According to Section 15, it is only after a notice is published in the Gazette and a national newspaper that a monument can be classified as a national monument. Section 15 (2) states that “upon publication of a notice… such a monument, without further assurance, becomes the property of and vests in, the National Trust. And where immovable property has, by virtue of this Section, vested in the National Trust the Registrar of Deeds shall take due notice thereof and shall make such annotations on the records as may be necessary.”

Far from a national monument, the Chief Justice ruled that the lease created Red House into a property and as such could not be “easily terminated” since it derives protection under the Constitution of Guyana.
Justice George issued a permanent order preventing the defendants from removing anything from Red House and awarded $150,000 in costs to the applicants. No constitutional relief was granted since Justice George felt the conservatory orders were adequate.
The Research Centre was established in 1999 to promote research into and publish materials on the life, work and ideas of Dr Jagan. The prime land on which Red House sits was leased to the CJRC for 99 years for $12,000 per year.
Former President Ramotar had approved the lease for the premises. After coming to power in 2015, however, the former A Partnership for National Unity/Alliance For Change (APNU/AFC) Government challenged the lease.

As a result of Granger’s revocation of the lease, supposedly on the advice of then Attorney General Basil Williams, staff from the then Ministry of the Presidency were emboldened enough to arrive at the location and start ripping down signs despite a court order.
After their arrival, members of the People’s Progressive Party (PPP) had rushed to the scene to defend the legacy of former President Dr Cheddi Jagan. A standoff had ensued between the two sides and Police had to be summoned to the scene.
The Ministry of the Presidency’s workmen even attempted to make off with the wooden sign bearing the words “Cheddi Jagan Research Centre” but fierce opposition from the PPP members and stewards of the Red House prevented them from completing the task they were ordered to do by the then Government.
The men eventually drove off in a canter and the PPP members worked together with others at the scene to return the sign to its original position. The incident was denounced as being politically motivated.