Farmers still awaiting compensation, court costs

West Berbice 50-year leases

BY SHEMUEL FANFAIR

Two weeks after the six West Coast Berbice (WCB) rice farmers mounted a successful legal challenge against the revocation of their leases for lands at Seafield and Number 40 Village, Berbice, they are yet to receive their payments as ordered by the court.
On August 8, acting Chief Justice Roxane George, SC, ruled that their leases constitute property under Article 142 of the Constitution, and the President’s revocation of those leases amounted to depriving the applicants of property without compensating them, as noted in Article 142 of the Constitution. The lands are under control of the Mahaica/Mahaicony/Abary Agricultural Development Authority (MMA/ADA).

While a conservatory order was granted until compensation is worked out by both parties, another order was granted whereby each of the applicants was to be paid court costs in the sum of $300,000. To date, the applicants – Brian George and Tiffany Hubbard; Vaughn Aaron; Joylyn, Gratien and Herman Nicholson – are still to be paid. Speaking with Guyana Times on Thursday, farmer Joylyn Nicholson indicated that she hasn’t received any word regarding the payments.
“We haven’t heard anything about that as yet,” she noted.
Similarly, Brian George indicated that he too has not been paid, saying that he is hopeful to have positive news on receiving the payments that the court has ordered.
“We haven’t received anything [for court costs] but in terms of compensation, we said that because of the fight they gave us, we’re looking for no less than about five million dollars,” George said.
Guyana Times contacted one of their attorneys, Raj Jaigobin, who also confirmed that based on information the law firm received, the farmers were not paid. This publication was told that the farmers are meant to be paid through the Attorney General’s office but Jaigobin clarified that the State has some six weeks to file an appeal against the payments.
“They haven’t been paid yet as far as I’m aware. I am waiting for the six weeks to expire to see if they (the State) will pay them or not. If not, I’ll write to them…” the Attorney said.
He recalled the case where single mother, Gaytri Singh, who won her case against the Central Housing and Planning Authority (CHPA) from interfering with her possession and occupation of her “core home” property was awarded $200,000 and much time had reportedly elapsed before she was paid.
“We were forced to file a matter to compel the Minister of Finance to pay,” Jiagobin claimed.
He further explained that the State is guided by the State Liabilities and Proceedings Act, further noting that the time for appeals is set out is the Court of Appeal Act.
According to Chapter 6:05 of the State Liabilities and Proceedings; “Any judgement or order in civil proceedings by or against the State shall be subject to appeal in the same manner as if it had been given or made in proceedings between private parties.”
The farmers are however hopeful that they will soon receive their payments. They had previously claimed that in November 2014, former President Donald Ramotar had granted the 50-year leases for State land located in the rear of Number 40 Village, West Coast Berbice. The MMA/ADA had cancelled the State land leases last year, and these West Coast Berbice farmers filed legal action challenging that cancellation. But after President Granger cancelled the leases, they again filed court action and were successful in their challenge against the revocation.