Even while Government is seeking to keep itself clear of the work of the Mayor and City Council (M&CC), the contract of the controversial parking meter system could see a “force majeure” (unforeseeable circumstances that prevent someone from fulfilling a contract) intervention by central government and see either a suspension or total revocation of the legal agreement.
Minister of State Joseph Harmon
Minister of State Joseph Harmon on Friday reminded that Government has asked that the City Council put a three-month hold on the agreement with Smart City Solutions (SCS), to enable another bout of negotiations between the parties; a move the Council at this time seems to be finding difficult to undertake. Harmon at his weekly post-Cabinet meeting said the contract provides for the intervention of another party, noting that Government expects that the advice given to the Council be heeded.
“My understanding of the process is that if the parties do not agree with the position, then they go to arbitration. And in the arbitration, these issues are dealt with. But I think that the signal sent by Government is a strong enough one that the parties to the contract understand that this is something that must be done,” the Minister of State told journalists.
Following Government’s call for suspension on Wednesday, Town Clerk Royston King penned a letter to subject Minister Ronald Bulkan explaining to him that the call by Government would more or less see a “breach of contract” and that the municipality would have to compensate the company.
King said too that there was no provision in the contract for suspension and noted that there were dire implications should that be done.
Asked about the compensation for SCS, Harmon said that is a legal issue which will be dealt with. However, he said Government has made its concerns clear and whether there is “compensation or not”, he said that is a matter to be addressed during the process.
“That is the process because it is a contract between the two entities and Government’s intervention is to ensure that the contract between the parties is renegotiated on different terms”. While he could not say exactly when this will be done, he assured that with the urgings of Government, it would be at the soonest.
“Of course there are two options; of course one is suspension, the other is revocation, and if the intervention of a party under what might be termed “force majeure” exists, then, certainly the parties to the contract can understand what needs to be done and of course the contract spells out in clear terms what force majeure is, and what needs to be done.”.
Minister Harmon maintains the Council is an independent body and noted that the matter will move ahead after the Council meets. The City Council will hold a meeting where the advice from Cabinet will be considered and ratified after which it will meet with Smart City Solutions.
Meanwhile, in a statement issued late Thursday, the Public Infrastructure Ministry cited the Roads Act, Chapter 51:01 of the Laws of Guyana, reminding several roads are under its remit.
The roads under the Ministry’s purview include: Clive Lloyd Drive, Rupert Craig Highway, University of Guyana access road, Water Street, Battery Road, Sea Wall Road, Young Street, Barrack Street, Camp Road, Fort Street, Vlissengen Road, Irving Street, Station Street, Duncan Street, Thomas Road, Sheriff Street/Kitty Avenue, Ruimveldt Avenue, Houston Bypass and Eastern Highway.
The Public Infrastructure Ministry stated clearly that Smart City Solutions was not given permission to place parking meters in those zones.
Since its rollout in late January, the project has attracted widespread criticism and protests; so much so, that Cabinet reportedly recommended a three-month suspension pending a review. However, Smart City Solutions, with City Hall’s permission, has continued to implement fees and clamp motor vehicles throughout this week.
At Thursday’s demonstration in front of City Hall, several protesters were mute, as their mouths were clamped, symbolic of the clamps that city operatives place on motor vehicles. Since the Movement Against Parking Meters started its organised protests, several political parties which form part of the coalition Government have since come out and condemned the project. This was done despite the very parties refusing to support the parliamentary Opposition when it brought a motion to debate the contentious project in the National Assembly.
