The legality of the Parking Meter Project in the capital city is now imminent as Justice Brassington Reynolds on Thursday ruled against an application made by Attorney Roger Yearwood on behalf of Town Clerk Royston King, which contested the High Court’s jurisdiction in the case against the parking meters in Georgetown. Defence Counsel Yearwood had argued earlier this week that Guyana’s court system inherited crown office rules from Britain in 1906 which state that court has no jurisdiction over prerogative writs. But in handing down his ruling on Thursday at the High Court, Justice Reynolds observed that the then acting Chief Justice, Yonnette Cummings-Edwards’ determination that a 1966 Independence order gave the Supreme Court of Judicature all the powers over jurisdiction in British Guiana.
“It has jurisdiction to maintain applications for prerogative writs in the courts,” the Judge noted.
As the court case proceeded with the challenge brought to it by Mohendra Arjune against the legality of the Parking Meter Project, a new application was then tendered by Arjune’s Attorney Komal Ramkarran to have the paid parking initiative placed on hold while the project is under judicial review. Ramkarran explained that the Order Nisi granted by the then acting Chief Justice stated that the project be halted until the Mayor or Town Clerk provided the requisite response.
As such, Counsel called for a ‘stay’ on the paid parking initiative, whereby a pause will be placed on the Parking Meter Contract so that motorists will not be charged or fined. However, Attorney Yearwood countered that the Order Nisi does not facilitate “interim or interlocutory relief,” while reiterating that the case followed crown-side proceedings and not civil proceedings.
Justice Reynolds then placed before the court the option for the two parties to have a discussion to provide relief to the citizens pending the outcome of the ruling by High Court or whether they would prefer to cancel the initiative.
City Town Clerk Royston King
In response, Attorney for Smart City Solutions, Stephen Fraser posited that the relief for the period would be allowed for Mohendra Arjune, only as he is the lone complainant. Justice Reynolds indicated that on Monday afternoon he will make a ruling on whether or not a ‘stay’ will be granted. Earlier this week, Justice Reynolds had refused a request to issue a temporary order which would have disallowed the Mexican company, Smart City Solutions from continuing the parking meter system in the Capital.
These preliminary challenges follow an order nisi of certiorari which was granted to quash the decision of the Mayor and Councillors of the City of Georgetown to enter the agreement with Smart City Solutions Inc by the former acting Chief Justice.
On February 16, the court temporarily halted the project but parking meter operatives continue to boot motor vehicles. The order had prohibited the respondents from making “any amendments thereto for the establishment of parking meters in Georgetown with (SCSI) and all acts and things thereafter which flowed from that decision.”
It had also revoked “the decision of the Mayor and Councillors and anyone acting by or through them or under their directions or instructions or on their behalf to exempt persons or categories of persons from paying fees for parking in the City of Georgetown and being subject to penalties for parking in Georgetown.”
Legal minds had noted that if the City continued to boot vehicles, this would be contempt of court. However, Attorney for City Council, Yearwood had argued that the City Council must not be given less than 30 days prior to the instituting of proceedings.
