Chief Justice to hear Ramps Logistics case against Government over Local Content Certificate next month

Chief Justice to hear Ramps Logistics case against Government over Local Content Certificate next month

The Attorneys representing the State and Ramps Logistics (Guyana) are gearing up for a legal battle over the non-issuance of a Local Content Certificate to the company, months after its application was filed.

The Ramps Logistics’ case against the Minister of Natural Resources, the Director of the Local Content Secretariat and others, came up in the High Court today and Acting Chief Justice Roxane George set the 11th November 11, as the date for oral arguments.

The Chief Justice has also set strict timelines for written submissions, with all submissions expected to be handed in no later than Monday, October 31. Ramps Logistics is being represented by Senior Counsel Edward Luckhoo while the State is being represented by Solicitor General Nigel Hawke.

Earlier this year, the company was denied a local content certificate.

After weeks of seeking answers, it was provided with information regarding one of the reasons for its denial. The company applied for the certificate again and has not heard back from the secretariat.

The company started its operations in Guyana almost 10 years ago and is well known in the oil and gas supply sector.

In its application to the Court, the company wants the Court to rule that it has satisfied the statutory requirements necessary for the issuance of a Certificate of Registration under Section 6 (2) of the Local Content Act, and is therefore, entitled to be issued with a Certificate of Registration.

The company also wants the High Court to declare that the decision of the Local Content Secretariat not to grant Ramps Logistics with a Certificate of Registration is unlawful, illegal, null, void and of no legal effect.

 In defending the application, Senior Counsel Luckhoo told the Court that Ramps Logistics is a Guyanese company within the meaning of the Local Content Act, and an operator in the local Petroleum Sector.

He said the Local Content Secretariat by refusing to grant Ramps Logistics with a Certificate of Registration under the Local Content Act, has in effect breached the legislation.

The Senior Counsel told the Court that the decision of the Natural Resources Minister and or Secretariat has severely affected the operations of Ramps Logistics, with the company suffering significant losses.

In an Affidavit in support of the FDA, one of the Directors, Samantha Cole said the “company is beneficially owned by Guyanese nationals who ultimately exercise, individual or jointly voting rights representing at least 51% of the total issued shared of the company.”

It was noted too that Guyanese nationals also hold at least 75% of executive and senior management positions and at least 90% of non-managerial and other positions.  

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