West Berbice rice farmers’ 50-year leases
– applicants get $300,000 in court costs
Six West Coast Berbice (WCB) rice farmers have mounted a successful legal challenge against the revocation of their leases for lands at Seafield and No. 40
Roxane George SC
Village, under control of the Mahaica/Mahaicony/Abary Agricultural Development Authority (MMA/ADA).
Acting Chief Justice Roxane George, SC, has ruled that their leases constitute property under Article 142 of the Constitution, and the President’s revocation of those leases amounts to depriving the applicants of property without compensating them, as noted in Article 142 of the Constitution.
The applicants — Brian George and Tiffany Hubbard; Vaughn Aaron; Joylyn, Gratien and Herman Nicholson – were, in November 2014, granted by former President Donald Ramotar fifty-year leases for State land located in the rear of No. 40 Village, West Coast Berbice. The MMA/ADA cancelled the state land leases last year, and these WCB farmers filed legal action challenging that cancellation.
The farmers claimed that as the leases were granted by the former President, only the Head of State could rightfully cancel the leases. After months of hearing, former Chief Justice Ian Chang had, in February, ruled in favour of the farmers and quashed the cancellation of their leases.
However, in a turn of events, the farmers had, on March 18, observed a
publication in the newspapers which stated: “Notice is hereby given that His Excellency, the President of the Cooperative Republic of Guyana, has cancelled all State land leases as described in the Schedules hereunder.”
On March 21, the farmers received official letters from MMA, reportedly ordering that “they must cease occupation and give up possession of the land to the MMA/ADA.”
According to Acting Chief Justice George in her ruling on Tuesday, cancellation of
the applicants’ leases amounted to compulsory acquisition of their leasehold interest without prompt payment of any, or adequate, compensation, as is guaranteed by Article 142 of the Constitution of Guyana.
The acting Chief Justice further ruled that “cancellation of the applicants’ leases was unlawful, null, void and of no effect.”
The court also granted to the applicants a conservatory order which prohibits the servants and/or agents of MMA/ADA, or any other officer of the State, from entering upon, remaining, occupying, or in any manner whatsoever interfering with the applicants’ quiet and peaceful possession, occupation, and enjoyment of the said lease unless compensation which is to be determined by the parties is paid.
The Court has, moreover, ordered that costs be paid to the applicants in the sum of three hundred thousand dollars ($300,000).
Attorney for the applicants, Anil Nandlall, in a statement, expressed that Chief Justice George “rejected the arguments” advanced by Attorney-General Basil Williams, to the effect that President Granger’s actions are immune from legal challenge, and that the applicants’ leases were invalid because they were not signed by President Donald Ramotar.
“The Court held that the applicants’ leases were properly executed, and were valid and binding,” Nandlall pointed out.
The former Attorney General stressed that at no time were the applicants afforded a hearing by any person or body or authority, thus they had not been offered opportunity to show justification why their leases should not have been cancelled.
He further explained that reasons for the cancellation were never given. As such, his clients were seeking damages in excess of ($5,000,000) five million dollars for breach of their fundamental rights and freedoms as guaranteed by Articles 142 and 153 of the Constitution of Guyana; besides exemplary damages and special damages. Johnson is asking for special damages in the sum of $692,500 and continuing for every rice crop; while Blackman is seeking $619,000 and continuing for every rice crop; and Miller is seeking $346,500 and continuing for every rice crop.
