May 22, 2013

Free at last?!

We’re so young. We can’t, we MUST not lose this sense of possibility because in the end, it’s all we have.” – Marina Keegan, ‘The Opposite of Loneliness’

Anu Dev

Whoooooooooooooo!!!! The holidays are here at last! Free at last! Free at last! Thank God Almighty school children are free at last! Never mind what your teachers say about hitting the books during the holidays (those can wait for a while more!) – go out:  catch a movie! The new Spiderman movie is out! Read all of those books you might have been staying away from while you were studying! Have fun!
The other day I was reading an essay (The Opposite of Loneliness) written by a young Yale graduate, Marina Keegan, who recently died in a car accident. The essay was published in the Yale Daily News. It was written for her commencement and the gist of what she was telling her fellow graduates was they still have so much time to achieve anything and that they should live life to the fullest. And yet, ironically, she died soon after, just before she was about to start her job at the New Yorker – yes, the New Yorker – before she could achieve any of the many things she wanted to.
So, not to be morbid but there’s no telling when it will all end, so seize the moment, don’t wait for tomorrow, do it today. Live in the moment. And no, I don’t mean you should go out partying wildly and getting wasted and emulating those people who justify it all by shouting ‘YOLO’.
What I mean is, children, don’t waste your entire holiday sitting at the computer glued to Reddit or 9GAG – there’s a whole world out there.
And when you decide to venture outside, don’t go out with your ears plugged up with earphones as you walk down the street, trapped in your own music-bubble, bobbing your head to whatever tune you’re listening to. I know I’m guilty of having my ears plugged up on the bus, in the car, wherever and never bothering to unplug even when someone is trying to speak to me – I just usually smile and nod to whatever they’re saying. And that’s not something that I’m proud of.
Basically what I’m saying is to form or intensify your relationships – with family, friends or neighbours – by doing things together.
And besides, when the holiday is over and it’s time to return to school in September, you’ll probably wish you had done something fun during the holiday. Plus, you’ll need something interesting to write about for those ‘How I spent my Summer Holidays’ essays you’re bound to be given by some incredibly imaginative teacher as soon as school reopens.
And parents, your children will be home for the next two months, take time off from work and take them out on holiday somewhere. The holiday doesn’t have to be the South of France, it could be around Guyana – just spend time as a family. How many of you guys have seen the interior of Guyana, or Kaieteur Falls, or scaled a Guyanese mountain? As I’ve written before, Guyana is a wonderful place to tour – you just need to give it a chance.
And most importantly for this holiday, JUST.HAVE.FUN!!!

Fundraiser held to support Arti Cameron’s participation

On Monday July 9th Guyanese gathered at an impromptu reception in New York to meet Miss Guyana World, Arti Cameron and to pledge support in whatever way to make her participation at the Miss World competition in China possible. This event was necessary after it was made clear that the current franchise holders are no longer on board.
The reception was sponsored by Dave Kadarnauth, owner of The Nest Restaurant, 125-17 101st Ave., Richmond Hill Queens, New York, and organized by Patricia Jordon-Langford, President of The Guyana Tri-State Alliance, Inc. and committee members who have since been engaged in various efforts to raise funds to assist Arti to get to China on time.
Celebrated designer Michele Cole will be designing the competition gown and the national costume. She assured everyone that even though late, Arti’s gown will be fabulous. Michele was the designer of the winning gown at the Miss Guyana world Competition that was worn by Arti. Renowned Guyanese designer Gem Fraser will also be contributing to Arti’s wardrobe. She designed and provided the dress that was worn by Arti at the reception. Mr. Reginald Daniels will sponsor the competition and national costumes and Ms. Audrey Doorn has agreed to sponsor the luggage.
The monetary contributions will also be used to purchase the airline ticket to Ordos, China, and other necessary items that are needed to make her participation at the event possible.  Mr. Rahaze Kone also made pledges.
Arti is being groomed by Guyanese Phillipe Marrish, President of Etiquette Training International who was also present at the reception.
The cuisine of The Nest contributed to a really beautiful Guyanese evening.

Guyanese crowned Miss UN 2012

By Bhisham Mohamed in Miami

Miss United Nations 2012 Soyini Fraser is flanked by Proprietor of the Sandhills Restaurant and Sports Bar Randy… and her national Director Carwyn Holland.

Twenty-two-old Soyini Fraser, a final-year theology student at the Life Christian University, was in the wee hours of Sunday crowned Miss United Nations 2012, outshining 17 other finalists at the Miccosukee Resort and Gaming Lounge, Miami, Florida.
After three days of intense preliminary competitions, a confident Fraser walked the catwalk with grace, poise, and charm – captivating the judges’ hearts.
A stunned Fraser could not have contained her reaction when she was bestowed with the title and burst into tears. As she took her first walk as Miss UN 2012, the audience cheered with appreciation.
She was later applauded by the panel of judges who have a vast knowledge of pageantry, designing, and chorography.
“I am shocked and elated at this time… I cannot say how appreciative I am to the people who have made me their representative to this pageant and more so, the generous people who have contributed to making my dreams a reality,” the newly-crowned queen said.
Among the prizes she has won are cash prizes, trips to Jamaica and Africa, and beauty hampers.
The journey to the crown was not a walk on the beach, as there was rather intense competition during the pageant. Fraser last Thursday evening worked the stage with her well-executed talent piece, in which her experience as a dancer attached to the Classique Dance Company was evident.
On Friday, there were the hectic photo shoots which saw all the delegates showcasing their national costumes, evening gowns, sportswear and high fashion outfits. Later on Friday, the contestants were grilled in a “cold room” for the interview segment which replaced the intelligence segment that was supposed to be done on the night of the pageant. Fraser again was one of the judges’ favourites.
For the sportswear segment, she was clad in yellow short pants and a black jersey with her hair firmly intact, definitely sending a message to the judges. Her national costume depicted Guyana’s rich flora and fauna and its diverse population. Her high fashion outfit was an all-black body-hugging dress with a matching hat. The outfit was designed by Guyanese designer Mwanza Glen.
Her evening gown was a yellow, shimmery closely fitted sheath, which was designed by another Guyanese designer, Roger Gary.

Caribbean triumph

Twenty-two-old Soyini Fraser, a final-year theology student at the Life Christian University, was in the wee hours of Sunday crowned
Miss United Nations 2012, outshining 17 other finalists at the Miccosukee Resort and Gaming Lounge, Miami, Florida

The first runner-up was Miss Trinidad and Tobago Shelissa Gomes and in the second runner-up spot was Miss Dominican Republic.
Miss Guadeloupe Elody Pradel was sashed Miss Congeniality;  Miss Australia Melissa Utvich was adjudged Miss Photogenic, while Miss Romania Delia Duca was given the title of Miss Supermodel.
In the Miss Teen category, Miss United States Marie Alvarez was crowned queen. Miss El Salvado Martha Aguirre copped the second place, and Miss Peru Christina Silva Santisteban was awarded the third spot.
In the Mrs UN category, the crown was awarded to Mrs Cuba Tania Gonzalez-Teran, with Mrs United States Erin J Morgart was first runner-up and Mrs Venezuela Ivonne Lopez secured the third runner-up position.
For the Ms UN, the only country that contested this category was the United States, with Monica R Tapia-Mularski. This is a new category which gives young women who are divorced the opportunity to express their confidence and self-esteem on the catwalk.
In the Mr United Nations category, Rudi Strydom of South Africa outshone his rivals to cop the title, while Mr Venezuela Junior Antonio Rosales Rivas came in second and Mr Mexico copped the third spot.
Mr Bahamas Marcos Ambrister walked away with the title of Mr Teen United Nations followed by Erick Trujillo, and Gustavo Rivas of Mexico respectively.

Guyana preparing for second Inter-Guiana Festival

Minister of Culture, Youth and Sport, Dr. Frank Anthony

Head of the Fashion Committee for the Inter-Guiana Cultural Festival, Carol Fraser promises to take fashion to new informative and educational heights when Guyana hosts the second Inter-Guiana Cultural Festival next month.
The festival, which is a fusion of the cultural diversity of the three Guianas, is slated to be held from August 23 to 26, with fashion, music, drama, food and dance on show.
Fraser said that expectations are very high and fashion will definitely be one of the highlights based on last year’s festival in Suriname.
“This is the second year of the Guiana Culture Fest. This is an initiative by the three governments of… Guyana, French Guiana and Suriname. Last year, Suriname was the host country and this year, it’s Guyana’s turn to host the event. Last year, Guyana created an impact in Suriname and it’s not going to be any different this year,” she said
Fraser described her team as a group of competent individuals who think outside the box. She anticipates that patrons will have a unique and unforgettable experience.
“We are going to tell a story from Christopher Columbus to present time. You are going to see the different races; you are going to see fashion from then to now and I know there wouldn’t be a moment when you are not smiling, clapping, or wishing you were part of the cast on stage,” Fraser said.
She promised a bevy of fresh faces on stage, including never-before seen models and persons least expected to walk a stage at a fashion event.
The fashion coordinator, who is the chief executive officer of Miracle Hands, is encouraging designers who work under ‘bottom houses’ and who are looking for an opportunity to unleash their potential and a platform to showcase their work, to sign up for the festival.
Auditions for designers and models began on Sunday.

Fashion coordinator Carol Fraser

“The Ministry of Culture, Youth and Sport has taken off the bulk of everything and they are working tediously from since last year. What we are doing right now is contacting the fashion sector in the two other participating countries to ensure that whatever they may need to make their presence felt and make them comfortable in the country and on stage, that those needs are met.”
Beginning with a gala welcome and launching celebration at the National Cultural Centre on the evening of August 23, the festival will be a three-day cultural explosion.
The Culture, Youth and Sport Ministry said the festival will showcase the best in the cultural traditions and contemporary artistic offerings of French Guiana, Suriname, and Guyana.
Venues range from the International Convention Centre, Liliendaal to the Main Street Avenue and the brand new Craft Association facility in Kingston, Georgetown.

Show of unity
At a meeting initiated by Suriname, it was decided by the three Guianas that the festival would contribute significantly to the strengthening of friendly relations among the people of the countries. Such a festival would also serve to promote the cooperative development agenda of the countries in the fields of arts and culture.

Ali to APNU’s Harmon: Stop dirty politics

Housing Minister Irfaan Ali

Housing Minister Irfaan Ali said it is time the A Partnership for National Unity (APNU) come clean and break the trend of playing gutter politics, after the opposition coalition accused the Housing Ministry of corruption and having a defective “One Stop Shop” system, which is frustrating the lives of Guyanese.
During the coalition’s press conference last Thursday, APNU parliamentarian Joseph Harmon said for the past three weeks the party has been inundated with reports from aggravated citizens who were complaining about the poor houselot distribution system as he made reference to the last exercise held at the Guyana National Stadium, Providence, on June 14. After receiving letters of allocation, in excess of 2000 persons had flocked the stadium in the hope of receiving their dream land, after hours of waiting they left empty-handed, Harmon alleged.
He claimed that on average, 400 persons were allocated house lots and in the case of some, the cost for these properties jumped significantly. “Persons who were allocated house lots in the Gy$300,000 range were thereafter told by ministry officials that they had to pay Gy900,000 or Gy$1.2 million per house lot. The result is that the hopes of many Guyanese citizens were dashed by the incompetence of the Ministry of Housing and Water officials,” he alleged
He contended that the ministry and the Central Housing and Planning Authority have been “seriously mismanaging this vital aspect of human development in Guyana”, stressing that an urgent and independent inquiry should be launched.

APNU MP Joseph Harmon

However, the housing minister debunked the claims. During an exclusive interview with Guyana Times International, Ali said: “Mr Harmon is just being mischievous and we are asking him to come clean, we are asking him to stop this football politics,” as he denied the allegations.  He said the “One Stop Shop” was strategically designed to ensure transparency, noting that the Housing Ministry and its staffers have been very effective in this regard.
“We distributed more than 1000 [house lots]… to say that only 400 house lots were allotted that is dishonest, distasteful and ridiculous,” Ali stressed, noting that “at 1:30h, we had finalised all our transactions”. The opposition had said that citizens were at the stadium from 06:00h on June 14 up until 02:00h the following day.
The housing minister said that it is quite shocking that Harmon would table these allegations, especially when he, as the shadow housing minister distanced, himself from the entire land distribution process; a system that is open to all. Minister Ali added that Harmon had consulted him on a number of issues, but never expressed concerns about the “One Stop Shop” exercise.
The minister has since promised to make available to the media the list of persons who benefited from the “One Stop Shop” since its initiation.
Head of the Presidential Secretariat Dr Roger Luncheon, while addressing the issue of corruption and the opposition’s recent attacks on the Housing Ministry, said, the Donald Ramotar administration has been trying to assess the rationale behind this “corruption crusade” driven by the opposition. He stressed that Guyanese should also try to ascertain why the opposition has been tagging all of the government’s developmental activities as corrupt, despite their tremendous benefits. “We are bringing to the attention of the Guyanese people… we are pointing to the major projects and asking what is the intent in crusading against these projects?”

‘Temporary hold’ on processing new river mining claims

The Guyana government has denied placing a ban on river mining even as gold and diamond miners Tuesday approved a vote of no-confidence in Natural Resources and the Environment Minister, Robert Persaud for his management of the mining sector.
“While we will not compromise the integrity of rivers and creeks, harm residents who depend on their waterways for drinking water and livelihood and damage marine life through mining pollution, we are committed to working with all stakeholders on ensuring the best river mining practices,” the Ministry of Natural Resources and the Environment said in a statement Tuesday night.
Persaud added that the authorities have “not stopped nor intend to stop river mining.”
“All what has happened is that there will be no processing of new application for river mining claims for one month to allow a review of river mining practices by the Environmental Protection Agency (EPA), Guyana Geology and Mines Commission (GGMC) and Guyana Gold and Diamond Miners Association (GGDMA) as agreed to by stakeholders,” Persaud said.
But the GGDMA said it was also seeking funds for a mobilisation campaign against the decision by authorities to cease processing new river claims.
GGDMA president Patrick Harding said that at a meeting earlier with Persaud an agreement was reached to establish a nine-member committee to review the situation.
In the statement, the government acknowledged that a quarterly meeting had been held with various stakeholders including the GGDMA at which they reviewed joint interventions as well as the process of regulating the mining sector.
“Among the issues discussed were environmental concerns relating to river mining, waste management at camp sites, security in mining districts, availability of mining lands and miners being displaced by extending village boundaries, etc.
In addition, the meeting agreed of the composition of a technical joint working group that included the GGDMA, EPA and the GGMC to carry out a review in one month of environmental issues and concerns pertaining river and tributary mining,” the release stated.
The statement said that there was also agreement on the issue of river mining where the ministry and the GGMC made it clear that there has been no decision to stop river and tributary mining, but rather a temporary hold on accepting new river and tributary claims, until all stakeholders would have met and review acceptable guidelines.
Last week, the government announced it had stopped granting new river mining claims.
“As a consequence of the reports, and a review of the far-reaching negative impacts of river mining, the Ministry of Natural Resources and the Environment, through the GGMC  took the position of not accepting any new applications for river claims until further notice and consultation, especially, with Amerindians and riverine communities,” the Ministry of Natural Resources and the Environment said in an earlier statement.
The decision followed overwhelming reports to the GGMC by a wide cross-section of stakeholders about “damage caused by increasingly irresponsible mining in Guyana’s rivers and tributaries.

Say it again, Sam

Like it is
Sam Hinds is a national treasure. He’s been prime minister for almost 20 years – ever since free and fair elections returned to Guyana after a hard battle against the riggers in the PNC. But that’s not why he’s a national treasure. He’s earned that appellation because he’s willing to be his own man on one of the burning issues in Guyana –the question of African Guyanese empowerment.
On this question he was even willing to disagree with Cheddi Jagan, the man who chose him as his running mate in 1992. He’d been head of GUARD, the civil society grouping struggling for free and fair elections. Cheddi once stated his position on the African Guyanese condition: “they were at the bottom of the social ladder” and they should be assisted upwards. Even though this was the position of every African Guyanese activist –Cheddi was cussed out from the rooftops by those selfsame activists.
Sam on the other hand is the Guyanese answer to Bill Cosby. He believes that African Guyanese should take more responsibility for improving their own condition–social, economic, political or whatever. Just as Cosby wouldn’t take the easy cop-out and “blame whitey” in the U.S., Sam refuses to play the blame game in Guyana.
This came out clearly when he was accosted by a bunch of protesters–including Kissoon, Benschop and David Hinds–in front of his office. Every Guyanese knows of the humility and self-effacing attitude of Sam Hinds and it says a lot of the gauche and crass nature of Kissoon’s character to harangue Sam about an assistant holding an umbrella over his head while he stopped to talk to the protestors in the hot, blazing sun.
Firstly, Sam didn’t have to engage Kissoon and Company–he could have chosen to blithely proceed on his official rounds. The man is almost 70 years old: what’s wrong for the PM of a country to have protection from a heatstroke? Should he perchance not be given a vehicle to travel on official duties? Maybe he should walk? How come Kissoon kept his duty-free vehicle? Isn’t that too bourgeoisie? Maybe he can give it to a poor canecutter like he suggested he would give away Sam’s umbrella!
Kissoon complained that Sam was not being “intellectually straightforward”. How did Kissoon come to this conclusion? Sam didn’t agree with Kissoon on a host of issues! By this criterion, of course, this makes most of Guyana “intellectually deviant”.

Sam’s position
Sam Hinds firmly believes that there is too much “propaganda that suggests Blacks are depressed and dispossessed.” This he feels becomes a self-fulfilling prophecy. Ordinary African Guyanese become apathetic about their ‘dread’ condition and start believing they can never rise out of it. Sam Hinds is of the implacable view that this shouldn’t be so.
In the Muckraker, he is reported to have asserted simply: “… but I have lived as a black man for a long time too.” He said he made it as a Black man and he believes that “the Black communities should use their brains and arms and try to make a living”. The point is that Sam Hinds understands that there are structural features that operate to keep some people poor but he believes that if they focus on making progress – like he did, success can come their way.
Sam frequently points out to the success of African West Indians – including Guyanese – who become extremely successful in the U.S. even though African Americans complain they cannot move ahead. The latter spend all their time, as Cosby bemoaned, blaming “the man”. Say it again Sam!

Sam the man
Samuel Archibald Anthony Hinds was born in humble circumstances in Mahaicony. People forget that he won a county scholarship to Queens and then a scholarship from ALCAN to do chemical engineering. Totally self made and no whinging!

Back scratching

Pay off

Raphael Trotman is Speaker of the Parliament courtesy of David Granger – make no bones about that! Trotman knows it and Granger knows it: the only person who’s not in the know seems to be Moses “Shut yuh-so-and-so mouth” Nagamootoo. You on the other hand, dear reader, would remember how the AFC and the APNU ganged up and denied the Speaker’s chair to Ralph Ramkarran – which centuries of tradition demanded was his to refuse.
The AFC proposed Nagamootoo and the APNU, Debbie Backer, to fill the critical spot. It was Granger who nixed Nagamootoo’s chances – he adamantly insisted that Nagamootoo was too recently PPP! The stain hadn’t washed off yet. And Granger agreed to Trotman – who, let it not be forgotten, was once so ensconsced in the bosom of the PNC that he ran for its leadership. Presumably that association doesn’t leave quite the stain as the PPP. Well, it is now time for Trotman to pay back the favour: you know that nothing in politics is free.
Granger is competing against Carl “Barry” Greenidge for the leadership of the PNC this month-end. Visibility and prominence is now the name of the game. So what does old Raphael do? Purely by coincidence and happenstance (wink, wink), he arranges for an “independence lecture series” in Parliament. And guess who gets to deliver the first lecture? No prizes for picking Granger: we all know it was time for the Speaker to scratch Granger’s back.
Not surprisingly, Barry’s quit teed off. Firstly, there’s the matter that Granger is a historian. How come the lecture couldn’t be on economics which is Carl’s baby? Then to rub salt into the wound, the lecture, supposed to be in early June is mysteriously delayed to July – the month of the PNC internal elections. Barry doesn’t have to be a conspiracy theorist to know which way the breeze is blowing from the Speaker’s chair.
But Trotman is not just paying back his debt: he’s also feathering his own nest. As we’ve said time and again in this column, the Speakership is just a way  – station for Trotman. Further political elevation is not going to come through the perennial also – ran AFC. Raphael is rehabilitating his credentials and positioning himself for the PNC’s leadership. He knows that Granger and Carl are both transition figures. Trotman knows time’s on his side; it’ll be Granger’s turn for back – scratching then. What a schemer!!

Dirty politics
Granger didn’t miss his chance to woo the PNC delegates for their leadership votes. His first salvo was to declare that Cheddi Jagan could never be the “Father of the nation”. This, of course, is the bone that is stuck in the craw of the PNC. They can’t get over the fact it was Cheddi Jagan who formed the PAC – which became the PPP, the first nationalist party – while Burnham was sill in law school. Not being able to build a case for Burnham as the “Father of the nation”, Granger pulled the stunt of saying there is no “Father of the nation”. If it can’t be Burnham, it can’t be anyone else!

Foregone conclusion
We are witnessing PNC “democracy” in action. One of its major victims, Vincent Alexander, recently warned that the rigging machinery is still in place. So what else is new?

CHEC agrees to meeting with APNU on CJIA project

The A Partnership for National Unity (APNU) said it will soon be meeting the principals of China Harbour Engineering Company (CHEC) as the coalition seeks more clarifications about the US$138 million airport expansion project.

CHEC Regional Director Zhongdong Tang

At a news conference last Thursday, APNU Member of Parliament Joseph Harmon said the party had received a favourable response from CHEC for a meeting regarding the mega project. Harmon explained that in a letter to the Chinese firm, the APNU had expressed disappointment at the company’s failure to hold consultations with the joint parliamentary opposition on the expansion of the Cheddi Jagan International Airport (CJIA), during its recent visit to Guyana. CHEC inked an apology on Wednesday, noting that the purpose of the visit was merely to consult with the Public Works Ministry on the expansion of the airport.
Nevertheless, the two parties have agreed to meet, and according to the APNU parliamentarian, key questions will be raised in the interest of all Guyanese.
“China Harbour is not giving us a grant, it is a loan and what we need to understand are the terms and conditions of this loan… now this is money that has to be repaid. At what interest rate are we repaying this money? When are we going to start doing payments? Would we be able to sustain payment of that sum of money from the project itself ?” Harmon lamented.
He said while the party welcomes development and China’s assistance, all major political parties and citizens alike must be consulted with on the initiation of micro and macro projects that would affect their livelihoods.
“We appreciate the developmental help from the Chinese; I believe that every citizen would like to have a better airport, better roads, better schools, better conditions, but we need to know what we are getting into.”
In explaining the rationale behind the party’s argument, the parliamentarian said Guyana is among the poorest countries in the southern hemisphere, and as such, the country’s finances and resources must be effectively utilised as it initiates steps towards further development and progression.
“We are a poor country and, therefore, every cent that we spend that commits monies that would affect the lives of our citizens for not only this year and the following year but for many years to come, that we have to be very careful about – how that money is spent.” Harmon said Guyana cannot afford to “mortgage” the future generation. The party also expressed its disappointment over the proposal of the expansion of the CJIA.
“We want to make it clear that Guyana is an independent country… and that where as China or any country around the world would have our best interest at heart, they would be concerned about the development of this country, that ultimately whatever development takes place here must be our initiatives.”
The CJIA expansion project which was signed in November 2011 includes extension of the main runway by another 1000 metres, a larger terminal building, passenger bridges, and increased security.

Nandlall meets stakeholders on Common-Law Bill

Attorney General and Legal Affairs Minister Anil Nandlall last Friday convened a meeting with relevant stakeholders and representatives to discuss issues relating to the civil law (Rights of Persons in Common-Law Union) Bill 2012, which was recently laid in the National Assembly.
Stakeholders were drawn from the Red Thread Association, political parties, the Women and Gender Equality Commission and members of the legal fraternity. The meeting, held at the minister’s Carmichael Street Office was also attended by Human Services and Social Security Minister Jenifer Webster.
Nandlall explained that the session should have been held before the actual tabling of the bill since he did not anticipate that it would have been fully supported. The bill seeks to address a lacuna (missing section) in the law that has caused many miscarriages of justice.
In 1990, a series of legislation was passed in Parliament with the objective of equating the status of common-law unions with that of legal marriages. This came in light of the proliferation of common-law unions and the law then did not accord to spouses and the products (children) of these unions the rights that marriage confers.
Parliament then enacted two pieces of legislation, the Married Person Property (Amendment) Act and the Family Dependents Provision Act. Persons living in a common-law union who decide to go their separate ways are dealt with in the former.  In this instance, it was left up to judges to devise all types of mechanisms to address what was an injustice, especially to women of those common-law unions.
The Family Dependents Provision Act on the other hand, allows for a woman, whose common-law spouse has died, to make an application to the court for provisions out of the estate of the deceased, in the event that she feels that a will or the rules of intestacy or both, do not make adequate provisions.
Minister Nandlall explained however, that a gaping hole was left, relating to the non-availability of a right given to a spouse of a common-law union to approach the court in the absence of a will that would have appointed him/her executrix or executor; given that person the right to apply for letters (a legal mechanism that allows for a person to assume control of the estate of the deceased) of administration in court.
“Not being equipped with the ability to do so, a common-law spouse was really left in the cold… this was raised by the Bar Association with then Chancellor Desiree Bernard, who accepted that it was an oversight. This bill is intended to correct that oversight,” he said.
Clause Two of the bill deals with the conferment of the right of the spouse to access the law in relation to intestate succession, same as a married spouse; while Clause Three is seeking to amend the Family Dependents Provision Act to reduce seven years to five. Over the past few weeks, articles have surfaced in the press that the bill is confined to a single woman and a single man living in a common-law union for less than five years and does not address instances where parties of a legal marriage have physically separated for a long time, and have developed common-law unions with third parties.
“In the crafting of the amendment, we addressed our minds to that, but the reason why the bill is crafted in the manner in which it is, is because we would have had to deal with a different problem, one which the religious organisations would have raised their arms at; we would have, in a sense, been legitimising adultery and bigamy as we would have been condoning two unions,” Minister Nandlall said.
In essence, unless a marriage is lawfully dissolved by a court, a man and woman still remain legally married and to ask for the law to recognise another union in the face of an extant marriage, there would have been serious implications in relation to the laws of bigamy and would have legitimised an adulterous relationship.
He said that, this piece of legislation must be looked at against the background of the recommencement of discussions and consultations. Stakeholders were given the opportunity to discuss their concerns and seek clarifications with regards to the provisions of the bill, which is set to be debated in Parliament shortly.   The bill was tabled on June 27.