Black Immigrant Daily News

Traffic congestion, believed to be caused by roads being blocked in George Town to accommodate Pirates Fest activities, resulted in delays for members of the public trying to make their way home or for an evening out on Friday.

While the police initially notified the public of the road closures (lasting from 17 to 20 November) by way of a press release published on their website on November 17, 2022, some members of the public are now asking why the police were allowed to close the roads in the first place.

Source of Authority

In order to explain the powers of the police and others to close roads and erect signs, it is useful to look at a number of areas, including the Public Order Act, the Traffic Act and the Roads Act.

Public Order Act

Under the Public Order Act, for example, any person desiring to organise a procession (which includes a public march or procession on a public place) shall, at least three days before such intended procession, make application to the Commissioner of Police for a permit.

Regarding this, the applicant must set out the names and addresses of the organisers of the procession, the proposed point of departure, route and point of termination of the proposed procession, the proposed date and times within which the procession will take place and an estimate of the number of people who are expected to take part.

If the Commissioner of Police grants permission, he may do so with conditions calculated to prevent obstruction of traffic and inconvenience to the public in general (the Commissioner of Police also has the power to re-route any procession if he has reasonable grounds for apprehending that a procession which is taking place may occasion public disorder, obstruct traffic or interfere unduly with the convenience of the public).

Traffic Act

In connection with this activity, the Traffic Act gives the power to the Traffic Management Panel to cause or permit traffic signs to be placed, erected or otherwise marked on or near any road.

The Traffic Act also gives a police constable the power to erect on a road, whether during the day or night a road block or barrier, at which all vehicles shall be required to stop.

Further, the Traffic Act states that where there are any road works, no person may carry out works under, in, over, along or across a road which may affect the normal circulation of traffic on that road, without having first given the Commissioner of Police two days’ notice in writing.

In connection with this, the Commissioner of Police may require a person carrying out works under, in, over, along or across any road to cause those works to be signed and indicated with such traffic signs and signals in such positions as that Commissioner of Police thinks fit.

Roads Act

The concentration of such powers with the Commissioner of Police leaves the National Roads Authority (NRA) with limited authority under the Roads Act to cause traffic to be diverted from any road for the purpose of altering or improving the same.

Since the Pirates Fest activities do not involve the altering or improvement of roadways, the NRA would not have been involved in diverting any traffic.

This position was further confirmed by Edward Howard, managing director of the NRA, who told Loop today that the NRA “had no involvement in the planning of the Pirates Festivities.”

To make matters more interestingly complex, the NRA has no authority to instruct the Commissioner of Police in relation to actions taken by the police in connection with the Pirates Fest activities. This is the case because, under the Cayman constitution, the responsibility for internal security, including the police, lies with the Governor.

Therefore, when it comes to the “simple” task of resolving the situation with public roads being blocked for the Pirates Fest activities, one has to walk a delicate line, always being careful not to overstep the Governor’s powers or reporting lines under the constitution.

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Black Immigrant Daily News

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Black Immigrant Daily News

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Black Immigrant Daily News

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Minister of Rural Development and Local Government Faris Al-Rawi – File photo

A legal challenge against the Government’s decision to have proclaimed parts of the recently passed Local Government Reform Act that could allow for local government elections to be delayed by a year will go to trial in January.

The date was set by Justice Jacqueline Wilson during a virtual chamber court hearing on Friday.

The lawsuit was filed earlier this week by attorneys for activist Ravi Balgobin-Maharaj, who says as a voter in the Maracas/Santa Margarita electoral district, he is aggrieved by the decision taken by Cabinet and announced recently by Rural Development and Local Government Minister Faris Al-Rawi.

The bill was passed on June 14 with a simple majority in Parliament. The Opposition UNC has called on President Paula-Mae Weekes not to proclaim the legislation, which will extend the terms of current local government representatives and likely delay the election.

The judge did not give the media permission by to cover Friday’s hearing, but Newsday was told she set dates for the filing of submissions and affidavits by December 28, with the hearing of oral submissions on January 9 and 10 at a virtual hearing.

At Friday’s hearing, attorneys for both sides agreed to have the matter heard as a rolled-up hearing, meaning the judge will hear the judicial review application and the substantive lawsuit as one.

Senior Counsel Douglas Mendes told the judge the State was objecting to leave being granted, but since the matter was an urgent one, the rolled-up hearing would be better.

Attorney Jayanti Lutchmedial, who appears for Balgobin-Maharaj, asked for an early hearing – before December 3 – since, she said, beyond that date, there might be people holding office without lawful authority and being paid out of the public purse.

She said it was hoped that a decision would be given before the end of the local government term on December 3.

However, Mendes said he did not think a catastrophe would take place if, beyond December 3, people continued in office, adding also that the outer limit by when the election could be called – without the change to the law – was March 3.

Mendes urged the judge not to sacrifice accuracy for speed.

After hearing submissions by both attorneys, Wilson set the dates for the hearing of Balgobin-Maharaj’s challenge.

Lutchmedial also raised the issue of the injunction which Balgobin-Maharaj has asked for to restrain all councillors and aldermen from holding office beyond December 3.

However, the judge said she may have to grant leave first before she can grant interim orders and that will change the way the matter will progress.

In his lawsuit, Balgobin-Maharaj wants the court’s permission to have the government’s decision reviewed. His lawsuit contends the decision of the Cabinet was unauthorised, contrary to law and an abuse of power to “retrospectively apply an amendment to the law to increase the terms of councillors which ultimately delays the local government elections.”

The activist also wants declarations to put a stop to the alleged government plan to postpone the local election, saying any attempt to delay it by retrospectively applying the amendments to the Municipal Corporations Act would be a fraud committed on the electorate, in bad faith, and would amount to improper use of the legislation.

Balgobin-Maharaj is also asking to court to quash the declaration that local government elections are now due between December 4, 2023, and March 4, 2024, and the decision to extend the term of office of all councillors and aldermen.

It also said it was “inherently wrong” for the Government to amend the law “under the guise of local government reform, only to attempt to apply those amendments implicitly in a piecemeal and retrospective manner to alter the terms of the council which was elected in 2019 under and by virtue of the law that existed at the material time.”

The lawsuit alleged the action of the minister and Cabinet “has given rise to the understandable perception that the Government is abusing its power to avoid and/or delay the local government elections in light of its poor ratings.”

Balgobin-Maharaj is also represented by Anand Ramlogan, SC, Renuka Rambhajan, Robert Abdool-Mitchell, Natasha Bisram and Vishaal Siewsaran.

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Black Immigrant Daily News

A three-year-old child has been out of school for almost two weeks and is now being forced to relocate. This is after the little girl alleged that she and her friends were beaten by her teacher, resulting in officials at the Ankerville Nursery School refusing to allow her back at the public institution.

The three-year-old has not attended school since last week Monday. The school is situated at Port Mourant, Corentyne, Region Six (East Berbice-Corentyne).

According to the child’s mother, the toddler was at home playing when she suddenly uttered that she does not like her teacher.

This was a bit surprising coming from a child who always had something exciting to say about school and her teacher, the mother said and when she further enquired, she was told that the teacher had reportedly hit the little girl and her friend.

While a bit disturbed, the mother said she tried to ignore the report by her daughter and took her to school the next day but the child did not want to get off the motorbike to go to her class and when her mother insisted, she started to cry. However, the mother managed to take her into the building.

Upon seeing the teacher, the girl ran out of the school crying, saying that it was the same teacher that had hit her. According to the mother, she never hits the child and so she become concerned about reported the matter to the Head Teacher at the school.

But she was told by the Head Teacher, “That particular teacher does not beat.”

According to the parent, she was told that the child’s allegations were untrue.

Not satisfied with the response she received; the mother went to the Department of Education, which is situated in New Amsterdam.

A meeting was subsequently held with the Education Officer with responsibility for nursery schools, the teacher, the Head Teacher and the parent. During that meeting, the child reportedly said that the teacher used a ruler to hit her and her friend.

Moreover, in the absence of the parent, the child reportedly told the same story.

The Education Officer made a decision to have the child placed into another class, which was done.

Child put out of school

However, the following morning when the mother went to drop off her daughter, she was greeted at the door by the Head Teacher, who allegedly told her that the teachers had a meeting and decided that they no longer want the child to attend the school and as such the mother would be given a transfer letter for her to relocate the child.

Armed with this new development, the mother revisited the Department of Education where she was told that this new claim will have to be investigated. She has been waiting until now as the three-year-old remains at home.

There have been an increasing number of reports of violence against children perpetrated by teachers reaching this publication coming out of Region Six.

Only recently one parent told this publication that a teacher attached to Friends Primary on the East Bank of Berbice hit his daughter, causing injuries to the child’s hand.

The child did not say anything about the incident when she got home until she was questioned about the marks and swelling to the forearm.

When one of the child’s parents called the Head Teacher, they were told that they had to go to the school and make a report so that the Head Teacher can make an entry in the complaints book.

Not satisfied with that response, the parent contacted a regional official who made contact with the Department of Education. A meeting was arranged between the child, Education Officer, parent, teacher and Head Teacher where the teacher initially denied hitting the child. However, after other evidence was put forward, the teacher admitted to hitting the child and reportedly promised not to repeat her action.

With an increase in violence by students on students, the Regional Education Committee has not addressed the issue to come up with recommendations.

Additionally, according to sources close to the Department, they have not implemented any programme to deal with the issue of violence against students by teachers.

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