A decision by government to take temporary control of the operation and maintenance of the Berbice River Bridge has been deemed lawful by Chief Justice Roxane George. In a highly anticipated judgment delivered this morning, the Chief Justice ruled that government’s decision was in keeping with certain sections of the Berbice River Bridge Act, particularly Sections 4 (1) and 11.
On November 05, 2018, the Government of Guyana announced that it will be taking control of the Berbice River Bridge in the interest of public safety. This was after the Board of Directors of the Berbice Bridge Company Incorporated (BBCI) unilaterally demanded a 360 percent increase in tolls to cross the bridge, which was slated to come into effect on November 12, 2018. As a result, BBCI filed High Court action in which it asked Minister of Public Infrastructure, David Patterson to justify the takeover.
The Chief Justice agreed with submissions by government. In the submissions, among other things, Government argued that it took control of the bridge as it served as a vital link between two counties, and that the new tolls were burdensome and would result in citizens using alternative means to cross the Berbice River which may result in the loss of lives.
In accordance with the Berbice River Bridge Act, the Chief Justice ruled that the Minister is charged with setting the maximum amount of tolls that can be charged, and that the BBCI, off its own cannot institute new tolls. She held that the BBCI has to consult with the Minister before doing so as this is the procedure stipulated in the Berbice River Bridge Act.
In this regard, she said that there was no basis upon which the court could intervene with the Minister’s decision, as there is no evidence to support he acted arbitrary as contended by BBCI. For the foregoing reason, the Chief Justice dismissed the action filed by BBCI, and ordered that it pays $50,000 in costs to the Attorney General and Minister who were listed as the Respondents in the filings.
In justifying the increase in tolls, BBCI, said it was up to $6B in debts, including dividends to shareholders, and could not profitably operate on the current rates. In any event, BBCI said that its arrangement with Government allowed for a toll increase. Government at the time said it cannot support the increase which was based on a flawed formula and computation. As such, Government said that the increases were unwarranted and will be burdensome to Guyanese who use the bridge daily.
Therefore, in accordance with the powers conferred upon the Minister by Sections 4 (1) and 11 of the Berbice River Bridge Act, in the interests of public safety, the Minister issued an Order declaring that the functions of the Concessionaire to maintain and operate the Bridge shall be exercised by the Government of Guyana as of 5th November, 2018, until the date the Minister specifies by notice on the cessation of the threat to public safety.
