Attorney General and Minister of Legal Affairs, Anil Nandlall has announced that there will be no cancellation of the US$35.4M contract for the implementation of the Single Electronic Identification System.

The Attorney General continues to defend the project in face of mounting criticism from the main opposition parties and some civil society groups.

The Government has been accused of handpicking the German contractor for the project, based on the recommendation of Sheikh Ahmed Al Maktoum out of the United Arab Emirates, who was involved in the sale of the controversial Sputnik vaccines to Guyana.

The Attorney General said the signed contract cannot be cancelled unilaterally.

“The contract has been signed, and therefore, it cannot be unilaterally cancelled. That would amount to the government breaching the contract,” the Attorney General said on his ‘Issues In the News’ television programme.

Since the signing of the contract last month, the Government has received heavy criticism over its decision to sole source the e-Identification Card and Electronic Identification System.

 The Guyana Human Rights Association (GHRA) has called for a pause and full review, while former Auditor General, Anand Goolsarran believes the contract should be completely terminated.

But the Attorney General is maintaining that the contract cannot be simply terminated, noting that such a move would be unlawful.

“One cannot simply cancel a contract that has been executed, signed by two parties, who have the capacity to contract and is contracting about something that is lawful. Any attempt by one side to cancel such an instrument would amount a breach of that contract and that would attract liabilities, and will put the government in a terrible position legally, as well as internationally,” Minister Nandlall further explained.

Underscoring the importance of maintaining the sanctity of a contract, the Attorney General reasoned that a country with a track record of breaching contracts with its local and international trading partners will more than likely suffer.

In defending the contract last month, the Attorney General said the government had no other choice but to sole source due to the sensitivity of the project but Mr Goolsarran, in rubbishing that explanation, said the contract is in violation of the Procurement Act.

He reasoned that it is required under the law that the project be publicly advertised, and allow for submission of Expressions of Interest to the National Procurement and Tender Administration Board (NPTAB). Mr Goolsarran also expressed grave concern over the handing of biometric data, and the involvement of the UAE. He said there are many unanswered questions.

But the Attorney General shot down those concerns last evening.

“Significantly, the Procurement Act permits single sourcing, whenever, the goods or the services that is being procured involves matters of national security. It is the government’s view that this card, that will store important personal data of the citizenry of this country will contain information of national importance peculiar to each citizen, is a matter…of national security,” the Attorney General said.

He said both the former Auditor General and the Guyana Human Rights Association have spoken to the sensitivity of the project, and the importance of safeguarding citizens’ data. Minister Nandlall said it is for that reason the Government could not have engaged “any run of the mill company” to execute the project.

The Attorney General maintained that the contract was awarded in keeping with international best practices.

“What constitutes a matter of national importance is an issue for the Executive to determine because it is within the bosom of the Executive that lies the responsibility to protect national interest, national security, and the defence of Guyana and its citizens. And the Executive has a made a determination that this is a matter that qualifies to be accorded that cover,” the Attorney General said.

He has assured that the legislative framework will be put in place ahead of the implementation of the project. The project, which is scheduled to be completed within 12 months, will see citizens and residents of Guyana being issued with a single e-ID card to conduct various transactions in the both the public and private sector. The e-ID card will be issued in addition to the national identification card.

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