West Berbice rice land leases, Red House cases continue before CJ

Timelines and dates for submissions for two court case involving the current Attorney General, Basil Williams SC, and his predecessor, Anil Nandlall have been set by acting Chief Justice Roxane George, SC. The cases which garnered much attention are the Cheddi Jagan Research Centre Inc (CJRC), challenging the State’s decision to revoke the Red House lease and three more West Coast Berbice (WCB) rice farmers who are challenging President David Granger’s

revocation of their Mahaica-Mahaicony-Abary Agricultural Development Authority- Agricultural Development Authority (MMA-ADA) rice lands.
Guyana Times understands that for the Red House matter, both sides are expected to submit written submissions by May 7 after which, they will meet in court on May 16 for clarifications. For the MMA-ADA matter, this newspaper was told that AG Williams was granted leave to file an affidavit in defence to the challenge, after which Nandall will be able to reply, if necessary. This matter is expected to continue in May.
It was following the successful challenges of six sets of applicants against the MMA-ADA revocations that three more farmers mounted similar action in the High Court. Fariel Johnson, Doreen Monah and Sharon Solomon, through their attorney, Nandlall, are challenging the compulsorily acquisition of their lease “without the prompt payment of any or adequate compensation”. The applicants are further seeking the court to declare that the cancellation of the said Lease is “contrary to and in violation of Article 142 of the Constitution of the Cooperative Republic of Guyana, is unlawful, null, void and of no effect.”
Apart from seeking court costs, the farmers are also asking for damages in excess of one million dollars ($1,000,000) for “breach of the Applicant’s fundamental rights and freedoms as guaranteed to her by Articles 142 and 153 of Guyana’s Constitution.
It was in August 2017 that the acting Chief Justice had ruled in favour of Joylyn, Gratien and Herman Nicholson; Tiffany Hubbard and Vaughn Aaron and Brian George 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. Justice George in December 2017 ruled similarly for three additional farmers: Phillip Johnson, Rupert Blackman and Rawle Miller. The six sets of farmers were each awarded $300,000 in court costs by Justice George.
Meanwhile, it was December 2016 that President David Granger gave the occupants of the CJRC 48 hours to clear the premises but the move was halted via court action. Opposition Leader Bharrat Jagdeo had labelled the President’s decision to revoke the lease as “unconscionable and vindictive”.