Acting Chief Justice Roxane George on Tuesday made several orders against the Guyana Geology and Mines Commission and the Minister of Natural Resources Vickram Bharrat, setting aside their directives against two small miners for 32 gold claims.

Justice George ruled that the miners Milton Brandford and Ayudhia Narine were the lawful owners of 32 gold claims at 14 Mile Issano, Karouni. The two small miners were represented by Attorney Siand Dhurjon.

In her ruling, she set aside an ‘order to remove from a claim area’ which was made by the GGMC against Brandford and Narine on 19th July, 2023.

At the time, the GGMC had ordered the miners to remove from the claim area on the grounds that they had no permission when, in fact, the miners had owned the rights over the area in question for several years.

The Chief Judge also quashed Ministerial order 56 of 2023 issued by Minister Bharrat to shut down the mining of the 32 claims by Brandford and Narine.

In delivering her ruling the Chief Justice noted that the Ministerial order cannot be retroactive to affect the established rights in the claims of the miners.

On 8th August, 2023, Minister Bharrat had ordered the stoppage of all mining activities in the claims’ areas owned by the miners save and except mining activities of State bodies and corporations as directed by him.

This triggered a lawsuit filed by the miners against Minister Bharrat and the GGMC in November 2023.

In their claim before the Court, the miners alleged that the Minister and the GGMC were trying to shut down their gold mining operations and distribute the same lands by lottery to other miners.

It was revealed in Court documents that shortly after Minister Bharrat issued order 56 shutting down the claims held by Brandford and Narine, the Minister and the GGMC started holding several lotteries between September and December 2023 where the lands were given out to other individuals.

Brandford and Narine were never invited to the lotteries held by the Minister and GGMC and the lotteries were never publicized in the newspapers or the Official Gazette.

The Chief Justice has also granted an injunction against Minister Bharrat and the GGMC from awarding any claim licenses in the areas to anyone except Narine and Brandford.

The Chief Justice has issued several additional orders including an order declaring that Brandford and Narine are the lawful owners of the 32 gold and precious mineral claims and that they have the right to work the land under the 32 claims in accordance with regulation 4(6) of the Mining Regulations.

The Chief Justice also ordered the GGMC and the Minister to take all steps necessary to favourably process the applications for 32 claims licences made by Brandford and Narine.

She further granted injunctions against the GGMC and Minister Bharrat to prevent them from damaging, moving or otherwise interfering with the operations of Brandford and Narine on the claims.

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