On Tuesday evening, Attorney General Anil Nandlall issued a stern warning to Mayor Alfred Mentor and the Georgetown Mayor and City Council (M&CC) regarding their attempt to implement a controversial “financial regulation” that seeks to waive interest on outstanding property rates and taxes.
Nandlall emphasised that the M&CC lacked the legal authority to enact such a regulation, reaffirming that only the Minister of Local Government has the power to make financial regulations for local councils, as outlined in the Municipal and District Councils Act.
Addressing the issue, Nandlall stated, “The Municipal and District Councils Act does not give the Mayor or the City Council the authority to introduce such regulations. This authority resides solely with the Minister of Local Government.”
He explained that any such regulation would require approval from the National Assembly and publication in the Official Gazette to be valid, underlining that the Mayor’s actions were both unlawful and outside the scope of their legal powers.
The Attorney General also reminded those involved that any unlawful tax reductions or waivers would be subject to civil proceedings. He made it clear that individuals responsible for these actions, as well as the beneficiaries, would be held personally liable and could face legal repercussions.
Meanwhile, Minister of Local Government and Regional Development, Sonia Parag, issued a statement last week condemning Mayor Mentor and the APNU+AFC-aligned councillors for attempting to introduce the regulation.
In a letter addressed to Mentor, Parag pointed out that the Municipal and District Councils Act explicitly gives the authority to make financial regulations to the Minister, not the Mayor. She further noted that any such regulation must be published in the Official Gazette to be valid—a step that had not been followed by the Mayor.
Parag also warned that the M&CC’s actions were not only illegal but were being framed as public-interest measures despite lacking the necessary legal foundation. She cautioned that any attempt to enforce the regulation would result in legal action, including the recovery of any sums unlawfully waived through civil proceedings.
In her letter, Parag referenced a significant 2022 High Court ruling, which affirmed that local councils are not exempt from legal constraints and must adhere to the statutory limits outlined in the Municipal and District Councils Act and the Local Government Commission Act.
Both Nandlall and Parag have now called on Mayor Mentor and the Georgetown City Council to immediately cease and desist from attempting to implement the unlawful financial regulation. The matter, according to Parag’s statement, will be reported to the police if necessary for further action.
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