The government will appeal acting Chief Justice Ian Chang’s ruling that it has a constitutional duty to efficiently deal with applications for broadcast licences.
“The answer is yes,” President Bharrat Jagdeo said at a news conference yesterday at the Office of the President, responding to a question about the government’s intended course of action on the matter. Jagdeo had previously indicated that the government was considering its options on the ruling, but he left no doubt yesterday.
Last month, Justice of Appeal Chang ruled on a constitutional case brought by Region 10 residents Norman Chapman and Mortimer Yearwood against the Guy-ana Elections Commission (GECOM), declaring that while no applicant has an absolute right to a licence to operate a radio or TV station, or residents the absolute right to receive information, government has a constitutional duty to deal with applications efficiently.
He also held that that Region 10 residents had been hindered in their enjoyment of freedom of expression under Article 146 and that upon the furnishing of the relevant information by the applicants in the instant case for licences the government should “forthwith” consider their applications under the current law.
The case had its genesis in an application by Yearwood on October 5, 2001 to the National Frequency Manage-ment Unit (NFMU) for a radio broadcasting licence by his company Lanmac Investments Holdings Co. Ltd. Yearwood applied five days later to the Prime Minister for a television broadcasting network licence in the same region.
He was later informed by the CEO of the NFMU, Valmikki Singh, that in light of ongoing deliberations on proposals for broadcast legislation and the fact that government was developing a strategy for the reform and modernising of the telecommunications sector, the applications would be placed on file and would come up for consideration after sufficient progress. However, there was no advance on any of the issues.
