Corporation reverses decision – Marabella market to reopen on Saturdays

TWO Marabella market vendors are now considering legal action against the San Fernando City Corporation for compensation after the market was ordered to be closed on Saturdays.

Attorneys for Agatha Sawh and Marina Ramlochan challenged the decision of the corporation in October, saying the decision to close the market on Saturdays was illegal and done without authority.

Attorneys Umesh Maharaj and Nerisa Bala wrote to the corporation on behalf of the two vendors when an order was given on June 9, to close the market because of the pandemic.

In response to the pre-action protocol letters, the corporation said it was reversing its decision and from this Saturday, the market will be open.

The attorneys argued that the Marabella market was governed by bye-laws under the Municipal Corporation Act which regulates the use of the market and the existing bye-laws prescribed that the market was to be opened and closed daily, including Saturdays.

The attorneys said there was no bye-law passed to overrule the pre-existing bye-law on the hours of opening for the Marabella market but if there was, they wanted it disclosed.

“It is clear from the express provisions of the Municipal Corporations Act and the Bye-Laws, that San Fernando City Corporation has no power or authority to determine when the market is to be opened and/or closed save as in the instance of public holidays when the corporation does in fact maintain that discretion.

The attorneys said the action of the corporation to order the closure of the market on Saturdays went against the Municipal Corporation Act and its bye-laws as”there exists no power to allow same to be done when the opening and closing times are fixed by the bye-laws.”

Both women have been selling at the market for decades and their attorneys said the decision by the corporation to close the facility on Saturdays had affected their clients’ livelihood for many months.