In court documents seen by Citizens Report, Ramson is contending that the appointment is illegal because the Communities Minister did not consult with Local Democratic Organs before making the appointment as he was required to do under the Laws of Guyana.
Minister Bulkan had told reporters that he consulted with an organisation called the Guyana Association of Municipalities (GAM) before he appointed the AFC General Secretary on the Commission.
But GAM does not represent all the Local Democratic Organs in the country.
A “Local Democratic Organ” is defined in the Local Democratic Organs Act CAP 28:09 in s.2 (1) as any “local government authority, and includes that of any city or town or of any division thereof established under section 4(1), and any Council established under the Amerindian Act.”
According to the court documents, “The purported consultation with the Guyana Association of Municipalities (GAM) is not consultation with “Local Democratic Organs” as prescribed and required by the aforementioned Laws of Guyana and the appointment is therefore illegal, ultra vires, capricious, contrary to and devoid of lawful authority and arbitrary.”
During a recent hearing, Chief Justice (ag) Roxane George-Wiltshire ordered that the Minister of Communities and the AFC General Secretary show cause why the appointment should not be quashed.
Ramson is asking that the court rule that the appointment was illegal and that it be terminated and that the minister appoint a commissioner after consulting with Local Democratic Organs.
The matter is expected to come up again on February 26, 2018.