Following the continued stand-off between a seemingly majority citizenry and the Georgetown Mayor and City Council (M&CC) over the controversial Parking Meter Project, the Georgetown Chamber of Commerce and Industry (GCCI) has expressed concerns about the situation.
The body said in a statement on Friday that it is alarmed at the potentially escalating impasse between the M&CC and citizens regarding the implementation of parking meters, without appropriate consultation and transparent procurement.
“What is even more startling is the fact the M&CC is prepared to support the booting and impounding of vehicles without the enactment of the By-laws signed by the Minister of Communities. This is, in any jurisdiction, unlawful and unacceptable,” the GCCI asserted.
In light of this current state of affairs, the Chambers noted that it is compelled to call upon the Government to intervene and facilitate a solution that would be fair and acceptable to both the M&CC and citizens.
“The City’s economy is struggling long enough as it is, and therefore does not need any further disruptions as a result of poor planning, obstinacy and resultant push back,” GCCI highlighted.
The parking meter project is being implemented by Smart City Solutions (SCS) and the company has been meeting with stakeholders and various groupings in order to iron out concerns.
However, in a whole page advertisement published in a local newspaper on Friday, it was alleged that the Private Sector refused to meet with SCS.
This prompted an immediate response from the Private Sector Commission (PSC), the umbrella body for a broad swathe of businesses, as well as the members of the Business Support Organisations across the country.
According to the PSC, it met with SCS on two occasions. On the first occasion, the company requested, and was granted, a courtesy call during which the principal of the company gave a broad overview of its background.
During the second meeting, the Commission said that the company requested the opportunity to make a presentation to the Private Sector umbrella body. An appointment was subsequently made and communicated to the members of the Commission. However on that day, the members of the Private Sector exercised their democratic right and, with the exception of two persons, chose not to attend the presentation.
Also on Friday, the PSC said that the business community has recorded declining sales since the implementation of the parking meters.
In a statement to the press on Friday, the PSC noted that it has received impassioned pleas from businesses which have seen their sales decline by as much as 50 per cent since the introduction of metered parking in the city.
“The Mayor and City Council have displayed unmatched arrogance in their refusal to engage businesses in any attempt to compromise and mitigate the ill effects of this scheme. The citizens, on whom the full brunt of this new de facto tax would fall, have made clear their refusal to be further burdened,” the statement noted.
It added, “Our Government is aware that the failure of the retail sector would have a direct impact on the country’s Gross Domestic Product since the Wholesale/Retail Sector is an important contributor to growth. Is this local government organ now free to make policies which run counter to the national interest?”
While efforts are afoot to mend the appease the citizenry and get them to accept the parking meters, which have already been installed and are in operation across the Capital City, there have been renewed concerns following the disclosure by Government that the By-laws governing the operations of the parking meters are still be reviewed, despite the project having rolled out.
Minister of State Joseph Harmon on Thursday told reporters at the post-Cabinet press briefing that the By-laws are currently being reviewed by the Attorney General before Cabinet approves the documents for gazetting.
However, former Attorney General Anil Nandlall in an interview with <<<Guyana Times>>> on Friday explained that without the By-laws being gazetted, it is illegal to be soliciting monies from the public.
“The operation of the parking and the charging of monies by those parking meters or for those parking meters is unlawful because if the activating mechanism, which I understand to be the By-laws, have not yet been properly promulgated then on what basis are you extracting money and charging money. The State can only levy charges, monies, taxes, fees and anything of that description – they can only do so by the authority of a law or a By-law and based upon the Government’s own disclosure, those By-laws are not yet enforced,” he posited.
Furthermore according to Nandlall, By-laws get their legal validity only after they are published in the official gazette.
He pointed out too that the publication in the gazette needs to outline the date it takes effect and that date cannot be backdated when money is being charged.
“Once you are affecting the proprietary interests and rights of people, then you cannot do so retroactively or retrospectively; it becomes unlawful. Once it deprives anyone of their property or it takes away the liberty of the subject, a law or By-law that operates retroactively and has the impact of depriving people of their property, in this case money, it would be unlawful and unconstitutional,” Nandlall underscored.
He noted that Section 21 of the Interpretation and General Clauses Act Chapter 201, Laws of Guyana, provides that all By-laws must be published in the Gazette and shall come into operation on the date of publication, unless, it expressly provides that they shall come into operations on some other date.
Section 21 (3) also provides that while subsidiary legislation, of which By-laws are one, may be made to operate retrospectively, “… no person shall be made or shall become liable to any penalty whatsoever in respect of any act committed or the failure to do anything before the date on which the subsidiary legislation was published in the Gazette.”
Meanwhile, Minister Harmon previously told media operatives that nothing was wrong with the Communities Minister signing off on the By-laws for paid parking to be implemented, since the Mayor and City Council (M&CC) is authorised to implement the project regardless.
However, Nandlall posited that despite its independence, the City Council is nevertheless bound by the laws of the country, which requires for the By-laws to be gazetted in order for them to be enforced.
