Strong legal grounds exist for quashing of contract – lobby group

Parking meter burden

…says no to reduction in prices

Govement Against Parking Meters (MAPM), the recently-formed lobby group planning a legal challenge against the controversial parking meters implemented in the city, firmly believes that they have the law on their side.

It expressed this view during an interview on the Television Guyana (TVG) programme, the Factor, on Friday. According to MAPM member and legal counsel Pauline Chase, these grounds can be divided into two categories.

Chase observed that the first category was the contract, which was signed before

the new City Council was sworn in last year; and the City’s By-laws, which were recently signed by Communities Minister Ronald Bulkan, just days after he received it.

“The first issue is the contract, whether it’s a legal document or not. We have not seen the document. But there are serious issues regarding legality of the contract,” Chase stated.

“First, the Council has not seen the contract that has been signed (in its entirety). Chapter 28:01, Section 230 (of the Municipal and District Council Act) gives the Council the authority to enter into contracts for the execution of its duties. And it’s exactly as it says, the Council.”

She queried the logic in the presumption that if the contract was signed by just the Town Clerk and/or the Mayor, then the Council had entered into a legally binding contract. The Attorney-at-Law made it clear that that, in itself, can render the contract illegal.

“If you did not have the legal capacity to enter into a contract, you cannot bind. Secondly, (there is) the issue of tendering. The Municipal and District Council’s Act Chapter 28:01, Section 231 provides that for any contract over and above $250,000 must be tendered.”

“We heard quite an alarming statement from the Town Clerk (Royston King) on a TV program, that there was no tendering or need to tender. We would disagree with the Town Clerk, because the Act says you need to tender.”

Chase said that besides the statutes, common sense and good business practice would dictate that a project of that magnitude would need to be tendered.

“No one builds a fence without getting more than one estimate. No one buys any goods without shopping around. So how do we know that we got the best deal if there was no tendering?”

Section 234 of the Municipal and District Council’s Act Chapter 28:01 speaks of contracts exceeding the value of $250,000 being entered into without publication of tenders or invitations. This provision, the Act states, is only for emergencies and must be taken with the authorisation of the Council.

No reductions

Meanwhile, consultations are underway to broker a reduction in the rates for using parking meters. This followed a pronouncement by Government after President David Granger met with Georgetown Mayor Patricia Chase-Green and Town Clerk Royston King.

When asked if it would stop lobbying if there is a reduction in the fees, MAPM was adamant that it would not. According to Don Singh, a representative of the group, MAPM was not opposed to the city earning. He made it clear that the group recognised the need for the M&CC to make money, but he pointed to the shady manner in which the project was implemented and the arbitrary power SCSI has to determine fees.

“We’re saying stop; let’s have a look at it. We have not seen the contract. But the Ministry of Finance review of the contract is so damning. They speak to the fact that SCSI can change fees arbitrarily. So whilst we are on the topic of the President seeking a reduction in fees, they can drop it to $10 tomorrow and raise it back again to $10,000. There are no caps.”

Outgoing Deputy Mayor Sherod Duncan was also present on the panel. He said that the Council has never gotten the chance to debate on the contract, nor was it even asked if it wanted parking meters. Noting that under these conditions, a contract could not have been approved by the Council, he challenged proponents of the project to prove otherwise.

“If that was done, bring the minutes. Chapter 28:01 which governs the City Council says that the minutes of our meetings are our legal documents for any issue spoken of at the Council level. So if this contract was approved by the Council, bring those minutes and let us see it.”

Joining the panel was People’s Progressive Party (PPP) representative on the City Council, Bishram Kuppen. He noted that the Council was handed a contract that was already signed.

“This is a major issue and you can’t bring it to a new Council and tell us that this is the issue here and we’re going to have a discussion and hand us a little brochure. But there were things even in that brochure that raised alarms right away.”

During the first of two recent protests in front of City Hall, the Town Clerk had been asked about the legality of the contract and the rates and penalties prescribed in the By-laws.

King had been adamant that there was no need to tender at the national level. He had also expressed the belief that the penalties were just.