The International Decade for People of African Descent Assembly-Guyana (IDPADA-G) yesterday called on the government to “promptly and fully” comply with last week’s High Court ruling ordering it to pay the remainder of the organisation’s 2022 subvention.
In a statement, IDPADA-G said the judgment should be viewed as “an opportunity for our nation to demonstrate something even more important—constitutional maturity.”
“The true measure of constitutional democracy is not whether citizens, institutions or governments agree with every aspect of a judicial decision. It is whether they respect the authority of the Court and faithfully implement its orders, even where they may hold principled and substantial disagreements with aspects of its reasoning,” the organisation said.
Last week, acting Chancellor, Justice Roxane George ruled that the government acted unlawfully when it discontinued IDPADA-G’s subvention in 2022 without first giving the organisation notice or an opportunity to be heard. The court ordered that the outstanding instalments of the 2022 subvention be paid and awarded costs to IDPADA-G. However, the judge declined to award constitutional damages, finding that while there had been a breach of procedural fairness, there was insufficient evidence to establish a violation of the organisation’s constitutional rights. The subvention was withdrawn after the government accused the organisation of straying from its mandate and engaging in political activities.
In a 30-page decision Justice George dismissed claims by (IDPADA-G) that it had a contractual entitlement and a legitimate expectation to receive annual state funding throughout the United Nations International Decade for People of African Descent (UNIDPAD).
IDPADA-G said it accepted the ruling while maintaining “principled and substantial disagreements with important aspects of its reasoning.”
“One of the hallmarks of constitutional maturity is the ability to distinguish between disagreement and disobedience,” the organisation stated.
“Not every disagreement with a judgment requires a protracted legal contest. Not every score must be settled in a single encounter.”
It added that constitutional democracy allows parties to disagree with judicial reasoning while respecting the authority of the court.
“Having chosen that course ourselves, we now invite the Government to demonstrate the same constitutional maturity by giving prompt and faithful effect to the Court’s order,” the statement said.
IDPADA-G argued that the judgment reaffirmed the principle that public authorities must act fairly when making decisions affecting citizens and organisations.
“At its core, the judgment affirms that the Government was wrong to discontinue IDPADA-G’s subvention in the manner it did. The Court concluded that fairness required the organization to be given notice and an opportunity to be heard before that decision was taken,” it said.
The organisation also said the case extended beyond the question of funding and raised broader issues of transparency, accountability and the relationship between the State and civil society.
“This case has never been solely about one organization. It concerns the confidence that citizens and civil society organizations may reasonably place in the commitments and conduct of the State,” the statement said.
IDPADA-G further noted that the litigation had affected former and current employees, community organisations, grant recipients, suppliers and service providers who had acted in good faith.
It also expressed appreciation to its legal team, Nigel Hughes of Hughes, Fields & Stoby and Dr Vivian Williams of VMW Law, as well as its staff, volunteers and supporters.
Calling for an end to the dispute, the organisation said: “Our expectation is simple. A wrong that began in 2022 should end in 2026—not because IDPADA-G demands it, but because the rule of law requires it.”
It added: “Respect for the rule of law is not measured when judicial decisions are convenient. It is measured when institutions faithfully implement judicial orders despite disagreement.”
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