Circus continues at Lot 95 Carmichael Street

first_imgDear Editor,Judicial review is that area of the law which allows for a citizen who is aggrieved by the act or omission of any public officer, including Government Ministers, any public authority or any statutory tribunal to challenge the said act or omission on the ground that the act or omission is unlawful, illegal, or contrary to some written law, including the Constitution, arbitrary, capricious, discriminatory, in breach of natural justice, ultra-vires, and in breach of one’s legitimate expectations.In short, it is that area of law which guards against the abuse of power. The High Court is resided with a special jurisdiction to review the act or omission complained against and to strike it down or to compel the performance of a public or statutory duty in the face of a refusal or neglect to do so.Expectedly, with the democratic breeze blowing across the free world, it has been the fastest growing area of the law in the English-speaking Commonwealth. It is pivotal to the attainment of good governance and public accountability. It is for this precise reason that a specialised Constitutional and Administrative Law Division was established in the High Court in 2011 to exclusively hear and determine these types of matters along with those in which Constitutional violations are alleged.In Guyana, the judicial review found expression over the last century through the medium of the ancient Prerogative Remedies of the Writs of Certiorari, Prohibition and Mandamus. In this regard, Guyana lagged behind most of the Commonwealth who have long abolished these anachronistic prerogative orders and replaced them with a statutory regime of more efficacious remedies. Although belatedly, Guyana followed suite in 2010, when Parliament, unanimously, enacted the Judicial Review Act, Number 23 of 2010. As a result of its late arrival, it is one of the more modern legislative expressions of judicial review in the Commonwealth. However, the Judicial Review Act provides that the rules of procedure in respect of how the Court is to be approached by a litigant to access remedies under the said Act are contained in the “rules of court”. Any person familiar with this area of the law will know that the “rules of court” referred to thereof is the new Civil Procedure Rules, since the “rules of court” which were extant at the time, made no provisions whatsoever for judicial review applications. Since the new Civil Procedure Rules were not in force in 2010 when the Judicial Review Act was passed and the then rules of Court were silent on the issue, a provision was inserted in the said Act to say that the Act shall come into operation on a date appointed by order of the Minister. This was specifically done to await the promulgation of the new Civil Procedure Rules, which as I said, contained the procedure for judicial review applications. The new Civil Procedure Rules only came into operation on February 6, 2017. This was not as a result of any fault of the Executive. However, to date, the Legal Affairs Minister has failed, refused or neglected to bring the Judicial Review Act into operation, despite being requested to do so.As a result, although the new Civil Procedure Rules provide for it, judicial review is not available to a litigant in Guyana. In the circumstances, lawyers have been forced to become creative by making applications for the old Prerogative Remedies under the new Civil Procedure Rules, since the old rules of court under which those remedies could have been applied for have been overtaken by the new Civil Procedure Rules. Legal proceedings filed under such dubious circumstances are fraught with unnecessary procedural hurdles and hiccups.Since February 6, 2017, I wrote to the Legal Affairs Minister calling upon him to rectify this anomaly by issuing the requisite order to bring the Judicial Review Act into operation. I have received no response to my letter. Subsequently, I drew this serious matter to the attention of the Chief Parliamentary Counsel and requested him to advise the Legal Affairs Minister to correct this lacuna, as is my responsibility as a Member of Parliament. Unfortunately, my efforts have been futile. I have done my part.In the meanwhile, the circus continues at Lot 95 Carmichael Street.Sincerely,Mohabir Anil NandlallAttorney-at-Law, MPlast_img read more

Man United should refund fans for woeful start to the season, talkSPORT told

first_imgOle Gunnar Solskjaer appears to have quickly lifted the gloom at Old Trafford since taking over from the surly Portuguese, who was axed last week after overseeing the club’s worst ever start to a Premier League season.United looked a completely different team on Saturday as they thumped Cardiff with a sparkling attacking performance, one which few would have thought possible given their dreadful form under Mourinho.MORE: Man United’s win at Cardiff proves players stopped playing for Mourinho, claims Ray ParlourAnd Jones believes loyal supporters should be refunded by the club after watching five months of dross.Speaking on the Alan Brazil Sports Breakfast on Christmas Eve, the FA Cup winner said: “What has gone on at that football club?“With the players obviously going against their manager, how about giving the supporters half of their money back? 2 A host of United fans took the trip to South Wales to witness the return of club legend Solskjaer Paul Pogba was back on form, playing a part in three of United’s five goals against Cardiff 2 Vinnie Jones has called for Manchester United to give season ticket holders half of their money back following the team’s woeful first half of the Premier League season.The footballer turned Hollywood hardman has accused the Red Devils players of deliberately downing tools under former boss Jose Mourinho, having watched them beat Cardiff 5-1 in their first game after the Special One’s sacking. “The players didn’t play for the first half of the season, so give the supporters half of their season ticket money back.“When you’re watching your team, you at least want the players to be roaring around with their hearts on their sleeves.“The supporters want to team to absolutely work their socks off and give 150 per cent, but that hasn’t happened for nearly half the season.“So I think Manchester United should be looking at refunding the supporters half of their season ticket money.”Listen to a clip of Vinnie Jones on the Alan Brazil Sports Breakfast above!last_img read more

Pensions won’t be nationalised: Manuel

first_img30 June 2008South Africa’s workforce need not cash in their provident fund savings out of fear that the government will nationalise the funds, says Finance Minister Trevor Manuel.Manuel’s statement comes after certain service providers warned their clients to cash in their savings, claiming that the government was threatening to seize them.“Since the announcement of the reform of retirement funds in the national budget in February, service providers have told people that government is going to nationalise pensions and is going to take away your savings, so you will only get the statutory state old age pension when you retire,” Manuel told reporters in Pretoria last week.“It would be reckless, impossible and unconstitutional that any one of us would agree with the confiscation of the savings of working people.”Manuel said he had heard that workers were withdrawing their savings, and that some were going so far as to resign from their jobs in order to cash in their pensions.He was accompanied by Social Development Minister Zola Skweyiya and several trade union leaders.Savings levels ‘too low’Skweyiya said he was concerned that these withdrawals would impact on the workers themselves and their families as they approach retirement, and that it would impact on the country, as savings levels are already too low.“The government and trade unions share a commitment to improve the living standards of our people and we want to collaborate in working towards this objective,” he said.“Part of this commitment is to ensure that all workers are able to live a better life when they retire than live in dire poverty in old age.”Report ‘unscrupulous individuals’Skweyiya called on all shop stewards and trustees of pension and provident funds to report these “unscrupulous individuals and service providers” to trade union offices, government and regulatory agencies.He said that some government departments and the trade unions would embark on road shows to visit factory floors around the country, and ensure that shop stewards and workers were prevented by being misled.Source: BuaNewslast_img read more

R100m AfDB boost for clean energy

first_imgGrowth-phase businesses “The Evolution One Fund will be the bank’s first investment in a fund with a specific focus on clean energy and technology investments,” the bank said in a statement last week. “The investment therefore supports an innovative vehicle that will boost economic activity in this emerging field, and contribute to the development of sustainable private sector enterprises.” The African Development Bank has approved a R100-million investment in the Evolution One Fund, the first specialised private equity fund focused on the acceleration and deployment of clean energy and sustainable technologies across southern Africa. Other areas include water quality and management, waste management, agribusiness and forestry, natural products, organics and natural health, and environmental real estate. South Africa will account for 60-75% of the fund’s overall investments, while up to 25-40% will be earmarked for other Southern African Development Community countries. The 10-year private equity fund, managed by Cape Town-based Inspired Evolution Investment Management, will make equity and equity-related investments in sustainable projects and companies with the aim of not only achieving carbon reductions, but also ensuring the sound environmental, social and economic performance of these investments. SAinfo reporter The fund will seek to invest predominantly in growth-phase businesses, particularly in eight high-growth sectors, namely clean energy/energy efficiency (up to 50% of its investments), efficient and clean manufacturing processes and technologies, air quality and emissions control. 3 June 2009 Would you like to use this article in your publication or on your website? See: Using SAinfo materiallast_img read more

Zoho’s ManageEngine Adds New VMware Monitoring

first_imgTop Reasons to Go With Managed WordPress Hosting Tags:#Announcements#cloud#Data Centers#Real Time Today, Zoho’s ManageEngine subsidiary announced the availability of v10 of its Applications Manager, an availability and performance monitoring software. They have added the ability to monitor vCenter and vFabrick to its list of dozens of application servers, spanning both physical and virtual infrastructures. The product will be demonstrated next week at VMworld in Vegas. Applications Manager provides IT teams the ability to discover the entire organization’s virtual infrastructure through the vCenter server and provide dependency mapping of its components. This helps track the health status of virtual resources and model them the same way they are configured in the vCenter server. You can see a sample screen capture below.The vCenter monitoring will include the ability to track VM movements and cluster configurations in a more graphical manner than previously, as well as do a better job of discovering VMs. VMware vFabric tcServer isn’t even out yet, but when it does become available, App Manager will include tracking its health and the health of the Spring apps that are deployed on these servers. Finally, ManageEngine has added support for monitoring LDAP, DNS, Ping, Mail Server RTT and Amazon S3 to this version. They are also working on supporting Citrix Xen hypervisors in an upcoming release.They have a complex but transparent page listing various pricing tiers, starting at $795 annual license for up to 25 monitors for a single user. There are numerous additional charges for specific server monitors, such as SAP, SharePoint and Hyper-V. The new VMware monitors will also carry additional charges that haven’t been set yet.All of the monitoring is agentless, with the exception of the Java transaction monitors. ManageEngine sells more than 30 different tools and offers many free ones for monitoring Hyper-V performance or VM configuration, among other tasks. Also announced this week are enhancements to ServiceDesk Plus with Active Directory integration and OpManager v9.0 to have runbook automation for physical, virtual, and cloud platforms and Hyper-V support. Serverless Backups: Viable Data Protection for … Related Posts center_img david strom How Intelligent Data Addresses the Chasm in Cloud Cloud Hosting for WordPress: Why Everyone is Mo…last_img read more