Dear Editor,
Minister within the Ministry of Local Government and Regional Development Norman Whittaker has become politically unreasonable and a hindrance to local democracy. He is also interfering with the financial affairs of the Linden Town Council. From a candid assessment of Mr Whittaker’s statements published in the Stabroek News of Friday November 1, 2013, it is clear that he displayed the type of arrogance associated with the current culture of the PPP/C Government to retain power over the local government structure, despite the fact that the 1980 constitution decentralized such power by providing for elections to the Regional Democratic Councils – the highest local government authority in the regions.
Mr Whittaker cannot act as the government of Region 10. He is fully aware that the Town Council of Linden can crumble if it does not have the authority to raise its own finance to manage its affairs. Mr Whittaker is supposed to be highly educated, but his recent display of a lack of commonsense or blatant aggression against the people of Linden by seeking to prevent the Linden Town Council from earning revenue to develop the town is very offensive.
Threatening the Linden Town Council with extortionate charges is uncalled for. Mr Whittaker is increasingly sounding like a would-be dictator who does not remember his duty under section 5 of Act 12 of 1980 that provides for local democratic organs. He does not understand that the 1980 constitution removed such dictatorship power over local government authorities and his job is more one of a provider and helper, not a director over the organs.
In all the studies done to find a better system to manage local government, including State Paper 4 of 1980, it was established that the revenue derived from property owners in local government areas is insufficient to manage the areas. Other approaches to taxation such as tolls, parking meters, shop and store licences, among others options, had been recommended.
Who wants the council to provide labour to manage the town without collecting revenue to pay wages ‒ or for that matter better wages ‒ make and repair roads and provide good services?
If Mr Whittaker finds that the order re the toll was not gazetted, then it is his duty to see that it is done. Is paragraph (35) of Section 301 of 28:01, which recognizes the authority of the municipality to charge fees still applicable to the Linden Town Council, or was it amended? If not, then the council has the power to levy fees.
The power vested in the Minister that is outlined in the Local Government Act 28:02 does not apply to a City Council, a Town Council or Neighbourhood Democratic Council.
The Act addresses exclusively how the Minister deals with a Village Council which is outside of the boundary of a town or NDC area. Sections 13, 14, and section 30 of 28:02 which was enacted in 1972 have now become inconsistent with the Constitution of Guyana, which provides for a countrywide system of local democracy.
A court could pronounce that the Minister does not hold such authority any longer and that the National Assembly has a duty to provide for local government authority to be autonomous in accordance with article 75 of the constitution.
The President is correct about the need to amend Chapter 28:02 of the Local Government Bill.
It is indeed unconstitutional because assenting to it would mean that he would be transferring dictatorial powers, in a law which has become inconsistent with the provisions of the 1980 Constitution, to a Local Government Commission. Section 13 of 28:02 which the President cites as stating that it is unconstitutional to take away such power from the Minister, states that the Minister shall have and may exercise in any village or country district any or all of the powers of a local authority whenever it appears to the minister expedient so to do, and may exercise any or all of those powers in any of those districts, whether there is or is not a local authority there.
The Minister of Local Government also does not hold such dictatorial power under our constitution; he is bullying his way because no one in the local government system is moving to the courts against him.
We all need to work together to develop a better local government system so that we can establish the inclusionary democracy that is promulgated in Article 13 of the constitution.
Yours faithfully,
Michael Carrington
AFC Executive Member
