14 NEWS
SATURDAY, JULY 4, 2020 | GUYANATIMESGY.COM
Court awards $10M to WCB cash crop farmers …after Region 5 REO maliciously bulldozed farms
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he High Court has awarded over $10 million relief to three cash crop farmers of Region Five (Mahaica-Berbice) in a lawsuit they had filed back in September 2018 against Regional Executive Officer (REO), Ovid Morrison, who had maliciously bulldozed their farmlands and cut down their crops. The judgement was handed down by High Court Judge, Justice Simone Ramlall, last month. The three claimants – Krishna Sewlall, Kristopher Sewnarine and Kaleel Jameer – had retained Attorney-at-Law Anil Nandlall to approach the court seeking over $10 mil-
Attorney-at-Law Anil Nandlall
lion in damages for what they contended was the unlawful destruction of their
property. The farmers, along with dozens of others, are occupying land in the Tract 3 X of Block 1A and Tract Y portion of Plantation of Naarstigheid, being part of Bath, West Coast Berbice (WCB). They were granted a two-year lease for 1.4 acres in March 2000 under the Social Impact Amelioration Project (SIMAP) for largescale farming. Upon the expiration of the two-year lease, the claimants continued to cultivate the land with the permission of the Regional Democratic Council (RDC), which owned the lands. However, in October 2016, REO Morrison had demanded that some 50 farm-
Tourism Committee pledges to deliver strategy to revive industry
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he Tourism Recovery Action Committee (TRAC) has begun formal operations, after it was established for the purpose of implementing strategies for the recovery of the tourism industry - a sector that has been devastated by the COVID-19 pandemic. In recent months, most hotels, resorts and lodges have been at zero or near-zero occupancy for a number of months. Tour operators, tour guides, tourism providers and a whole range of support staff along the tourism supply chain are either out of work or working on a vastly reduced schedule. As such, the Committee issued a statement on Thursday, noting that several stakeholder agencies have come on board to restructure the industry to suit the times. Representatives from the health, civil aviation, communities, foreign affairs, public telecommunications, Indigenous peoples, ports and frontiers, small business and communications industries were invited to define a tourism recovery strategy. “Thousands of workers in hotels, guest houses, restaurants and the transportation sector now find themselves without income… Recognising the current crit-
Director of Tourism, Donald Sinclair
ical state of the industry, the Action Committee viewed as priority the pulling together of the right agencies to serve the entity,” the newly-established Committee said. Since its formation some three weeks ago, TRAC was able to define a structure and collect inputs from stakeholders involved. In approximately two weeks, these specialist inputs will be subjected to examination in order to put together and craft a workable tourism recovery strategy. Strategies to attract financial support to the sector are also a priority given the continuing hardships afflicting sector workers. “Priorities TRAC is of the
view that Guyana shares many similar recovery priorities with sister destinations in the Caribbean and Latin America. One key priority is the creation of a tourism experience that is safe for the visitor while not putting at risk any local populations. For this reason, special urgency attaches to recommendations that will be coming from the health, security and civil aviation entities and one of TRAC’s earliest public pronouncements will be the measures proposed to eliminate, as far as possible, any possible health risks associated with travel to and from Guyana.” It is expected that within a few weeks, a plan will be presented that is tailored to suit the local tourism sector and also one that has “strategic national tourism objectives”. “This Plan will seek to position the industry to maximise the competitive advantages Guyana possesses as it markets itself in a postCOVID travel environment that brings new sensitivities and priorities. Over the long term TRAC intends to return tourism in Guyana to its place of prominence as a major contributor to the national GDP,” the Committee pledged.
Region Five REO Ovid Morrison
ers, including the three claimants, vacate the land and threatened to bulldoze their crops and forcibly eject them. The farmers complained to the Chairman of the RDC who, by letter dated March 21, 2018, instructed the REO to refrain from interfering with the farmers’ occupation of the land. Upon the claimants’ refusal to vacate, Morrison went ahead to enter the land and bulldozed their crops and structures in April and August 2018. During the trial held, the RDC Chairman, Vickchand Ramphal, had testified on behalf of the claimants, confirming their occupation and cultivation of the land. He further told the court that he had written the REO instructing him to desist from dispossessing the farmers or damaging their crops, and advising him that his actions were not grounded in any RDC decision. As such, in her decision, Justice Ramlall accepted the claimants’ evidence of the
history and circumstances surrounding their occupation and cultivation of the land in question. “Given this evidence and there being none to the contrary, the defendant had no authority to evict the claimants from the land. The defendant is merely the Chief Administrative Officer of the RDC. There is no evidence that he was acting pursuant to the specific or general direction of the RDC (Section 77 (3) of the Municipal and District Councils Act (“the Act”)) neither was he acting pursuant to any power or duty conferred upon or assigned to him by Part 1 of the Sixth Schedule of the Act or any other law. He was acting ultra vires his powers and as such his interference with the claimants’ occupation of land was unlawful. The defendant is therefore personally liable to the claimants for damages for trespass,” the High Court Judge ruled. According to Justice Ramlall, the claimants have been in occupation of, cultivating and developing the land with the RDC’s permission and their position is that of mere licensees who are entitled to remain on the land until their licence is validly terminated by the RDC. To this end, the Judge did note, however, that the farmers acquired no proprietary rights in the land. She further ruled given that a bare licence can be withdrawn at any time by the licensor without any prescribed notice (provided that the licensee is given reasonable time to leave) it is now for the RDC to determine whether it wishes to determine the claimants’ licence.
Nevertheless, in addition to the financial relief, she granted all four orders sought by the farmers. These include a declaration that the claimants are entitled to remain in possession and occupation of the portion of land at Plantation of Naarstigheid, Bath, WCB - with buildings and erections thereon unless and until their licence is terminated by the Mahaica-Berbice RDC. Another declaration was granted to state that the REO’s interference with the claimants’ possession and occupation of the said land in the months of April and August 2018 constitutes trespass by him. The third declaration states that the removal of the structures, fixtures, trees, crops and plants on the said land by the REO, his servants, representatives, officers and/or agents collectively and individually was illegal. And finally, the Judge also granted an injunction restraining the REO by himself, his servants, representatives, officers and/or agents collectively and individually and each and every one of them from entering or remaining, occupying, farming, bulldozing the land or in any manner whatsoever interfering with the claimants’ quiet and peaceful use, occupation and enjoyment of the said land. With regards to the relief, Justice Ramlall awarded special damages to the tune of $5,374,000 (the sum sought) to the three farmers. In addition, they were given general damages in the nominal sum of $100,000 each for trespass along with another $200,000 in costs.
T&T General Elections set for August 10
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rime Minister of Trinidad and Tobago, Dr Keith Rowley, has announced that General Elections will be held on August 10. After announcing that he had advised the President to dissolve Parliament as of midnight Friday, Dr Rowley said nomination day would be July 17. This gives political parties in the twin-island republic 38 days for campaigning. Meanwhile, General Elections in Suriname were held on May 25 and a new governance structure is already in place. The country’s President, Desi Bouterse, had conceded defeat for the sake of allowing his country to move forward, but it is the opposite for his counterpart in Guyana. President David Granger has tightened his grip on power even though the re-
Prime Minister of T&T, Dr Keith Rowley
sults of a National Recount have confirmed that his ruling party was massively defeated by over 15,000 votes. It is now close to four months since the electorate in Guyana voted but the results are yet to be declared even though they are widely known and certified by all stakeholders, including the parties themselves and local
and international observers. The National Recount results, which constitute data generated from the 2339 Statements of Recount (SoRs), show that the People’s Progressive Party/Civic (PPP/C) won the March 2 General and Regional Elections with 233,336 votes cast in its favour.
