Regional corporations are awaiting word from Government on their operations and councillors’ status following the recent Privy Council judgment—and Penal/Debe corporation head Dr Allen Sammy says his entity can’t do certain operations.
This after the Privy Council’s ruling that the one-year extension of the Local Government term beyond December 2022 was unlawful. The original deadline for end of the term was March 31, 2023.
The Opposition has since asked if salaries of councillors and aldermen were lawful after the March deadline, if they’d have to repay it, if their decisions were legal after March 31 and if the Government would have to return to Parliament to validate all of this.
Attorney General Reginald Armour said Thursday he’s seeking advice on the judgment for the Cabinet.
Yesterday, attorney Lennox Sankersingh, who was part of the national team on the LG reform law, said if councillors’ payments and other aspects became an issue, it could be easily resolved via passage of legislation. Sankersingh, a longstanding LG practitioner, also commented on the effects of the judgment on the LG reform law.
Yesterday Avocat/San Francique councillor Doodnath Mayrhoo wrote Local Government Minister Faris Al-Rawi seeking guidance based on the judgment.
Mayrhoo said, “I’m not sure I can legally represent my burgesses for which I was elected. It is clear the Government had not given a clear directive whether councillors and aldermen should continue to represent their electoral districts and various councils.”
Al-Rawi didn’t answer calls yesterday
Port-of-Spain Mayor Joel Martinez said the judgment was only given on Thursday and he’d heard the Attorney General say he was seeking advice from senior counsel on the matter.
“So, I’m awaiting further information before we make any decisions,” Martinez said.
Martinez said years ago when the Patrick Manning government extended the term, councillors remained in office, since the matter went to Parliament to seek the extension. At that time, it wasn’t challenged, but the UNC challenged it on this occasion, he noted.
Saying he was unaware of any queries, Martinez added, “But all staff are working, we have to cut the grass, get the drains cleaned and garbage collected, so we continue to work to provide the population with services.”
Penal/Debe corporation chairman Sammy said, “We’re in a state of ‘in betweenity’, so we’re unsure of several things until we receive ministry directive. The CEO will be liaising with them to ascertain the situation. Our council is waiting to be advised if it will be dissolved and when.”
Sammy admitted that some workers had asked if they have to return the salaries they received since March. Also in the situation, he added that the procurement of big items is out, but he was more concerned about the delay of procurement of small goods and services—including 10-day contracts.
Sangre Grande Regional Corporation chairman Anil Juteram said the corporation is functioning but had no word of queries about the situation. He said word was being awaited on from the ministry, as did Tunapuna chairman Kwesi Robinson.
San Fernando corporation officials said operations continue though some were wondering when the situation after March 31 would be regularised.
Salaries shouldn’t be an issue
Attorney Lennox Sankersingh said the matters of councillors’ salaries shouldn’t become an issue, though the Opposition may try to make it one. However, he said this really isn’t positive for the country, especially as things were bad.
Sankersingh said support was needed for good meaningful development, “and they should try to put their best foot forward for national interest.”
He said the issue of salaries and operations since March 31 may not be an issue, since those in LG office were operating based on actions taken by the Government, which Government thought to be lawful.
Sankersingh said the Privy Council judgment gave the LG reform process a “knockout punch.” He felt there were several scenarios on how LG elections may have to be held, including whether under the three-year term system or otherwise, but was awaiting word.
He also expressed concern over whether those who’d represented Government at the Privy Council had a picture of the entire LG framework and that the extension of the term was part of a wider scheme of things and whether that was all presented to the Privy Council.—Gail Alexander