Vindicated by Guyana CJ

JAI LELADHARSINGH

I REMEMBER attending a Test cricket match between the West Indies and Australia. This was when veteran wicketkeeper Deryck Murray was dropped from the West Indies team and the Trinidad fans were furious.

When then West Indies captain Clive Lloyd came out to bat, the local crowd booed him. Lloyd did not like being booed, but then no one does. I was reminded by a very respectable elder that in Trinidad citizens are free to disagree. This was circa 1979.

In October I attended an energy conference in Georgetown, Guyana, and I made some comments, to the effect of:

“I do not agree with the legislation of local content. I do not believe that it encourages investment. In my opinion, it is a big deterrent to business.

"We are observing what’s happening with Ramps in Trinidad and I am seeing it clear here that if Ramps does not get its local content [certificate] approved, a lot of Trinidad companies will go to Suriname.

"I suggest that they have a rethink of that policy. It is not in keeping with the [Caricom Single Market and Economy] CSME spirit and it is not going to encourage investment.”

Firstly, never had I imagined that these words would have such far-reaching effects and I was even accused of causing an international incident and negatively affecting the relations between TT and Guyana.

I was bewildered. How can an ordinary citizen like me, making an intellectual comment, create such a flurry over the above comments? People even advised me that my comments went all over the internet and various social media platforms. But what was not quoted is that I declared that I am speaking in my personal capacity.

My simple response is that I do not regret my words and I stand by what I said. I am free to disagree.

Secondly, I wish to inform readers that I have no affiliation with Ramps Logistics. But I have known Shaun Rampersad when he was a student at the Lok Jack Global School of Business. I also wish to state that as a business strategist I have admired how Ramps has grown over the years owing to Shaun’s leadership.

Ramps has been operating in Guyana for several years and it is the present government that introduced this local content law in December 2021. One must be mindful that companies that are operating within the 40-plus categories in the oil and gas sectors in Guyana must obtain a local content certificate annually. This is certainly a red flag.

But the light at the end of the tunnel is the ruling by the Chief Justice of Guyana (Ramps Logistics vs Government of Guyana). Excerpts from the ruling are as follows:

1. The Minister of Natural Resources and/or the Local Content Secretariat breached section 6 of the act when Ramps Logistics was refused the Certificate of Registration.

2. The Minister of Natural Resources and/or the Local Content Secretariat have misconstrued and/or misapplied section 2 (a) (i) and 2 (a) (ii) of the act which define what constitutes a “Guyanese company.”

3. The Chief Justice ruled that based on the evidence produced to the court, Ramps is entitled to be issued a Certificate of Registration and to be entered into the local content register.

“There is no evidence submitted by the respondents to counter the information provided by the applicant, which I have considered and concluded, satisfied and satisfies the requirements of the Local Content Act,” the Chief Justice said.

4. She held that the decision of the Minister of Natural Resources and/or the Local Content Secretariat to refuse to grant Ramps the certificate is unlawful, illegal, null and void, and of no effect.

5. The director of the Local Content Secretariat, Martin Pertab, is ordered to issue the Certificate of Registration on or before November 14 or risk being held liable in contempt of court and imprisoned and/or fined.

6. The Chief Justice noted that the Minister of Natural Resources has no authority under the act to make a decision on whether to grant or refuse an application for a Certificate of Registration under the act.

7. The Chief Justice noted that the Local Content Act “clearly needs” regulations to prevent arbitrary decision-making.

In other words, a one-man institution.

I congratulate Ramps Logistics for exercising its right for judicial review to seek redress and I praise the Chief Justice for her considered ruling. I also note that the Local Content Board has not yet appealed the decision of the court, but in my humble view it has no grounds to appeal.

A ruling has been given and a legal precedent has been set. The time is now for businesses in TT, along with the Guyana Government and private sector, to press the reset button and find a new pathway to encourage respectful dialogue, collaboration, trust and good governance.

Asking an international or regional company that intends to operate within Guyana’s oil and gas sector to give up 51 per cent of its ownership to a Guyanese citizen is really a bridge too far.

Finally, I have a word for my business colleagues in Trinidad who indicated that my remarks were inappropriate and claimed that I did not speak on their behalf. On the latter part, I indicated that when I delivered my remarks, I clearly stated that I was speaking in my personal capacity.

On the former part, I took a stand on principle as it goes against my conscious to see the injustice being meted out to a Trinidad company at the hands of a Caricom government. When the moment came for my business colleagues to stand up and be counted, they all sat down.

The ruling by the Chief Justice only proved that I am vindicated.