Source: Kaieteur News

Over 80 operators from mining agencies across the country completed a two-day training course in Selective Explosive Blasting at the Guyana Forestry Commission (GFC) Multi Complex Building at Kingston, Georgetown.

The initiative which began on Tuesday, is a collaborative effort of the Guyana Geology and Mines Commission (GGMC) and Orica Mining Services.

Some 18 blasters are likely to become certified following a special third day assessment of their competence.

Local representative of Orica Mining Services, Devindra Kissoon noted that the event was the first public/private partnership venture in that sector where a private mining company is able to work with government in providing training.

He told this publication that, “within the last 50 years, many of the blasters in the field have matured.” He noted that new mining companies have entered the sector which is continuously growing.

“We recognize as part of our forward planning, that we did not want to be in a position where there was a demand for this expertise and it was not available. Currently, we have sufficient expertise in blasting, but that can quickly change,” he emphasized.

When asked the time span that could possibly see a deficiency in qualified blasters, Kissoon explained that a depletion of blasters could relate to life expectancy. Kissoon noted that localized training has been continuous.

Kissoon said the exercise is an anticipatory move by the government and Orica to ensure that the future of blasting in the mining sector is secured. The course dealt with mining aspects that relate to new techniques and technology, cost efficiency, safety and new products.

Kissoon said that the mining company which has been operating in Guyana for the last 46 years, is bent on providing training in safe blast operations in an environmentally friendly manner. The Latin American programme instructors, who have been practicing mining for some 15 to 20 years, are key employees of the mining company.

Kissoon said it was discovered that many persons were interested in this aspect of the mining process, especially since there was a 100 percent attendance, with over eight Guyana Defence Force (GDF) officers, police ranks, Guyana Geology and Mines staffers and several mining company representatives among others.

Orica is the largest established explosives company in the world and is based in some 50 countries, while they support over 100. The company is a multi-national corporation that provides commercial blasting, mining and tunneling support systems and various chemical products.

To be certified blasters, they must be deemed competent with no less than 80 to 120 blasts under their belt. With that requirement, Kissoon said the poll is very small, but is optimistic that, that will soon change with more training sessions for new blasters.

Selective Explosive Blasting uses the element of power and physics. Energy is put into a hole and is released through an explosive. The by-product of that energy will either be hard rock, which will be used for roads or ore which is used for gold mining.

That product is then processed to arrive at the end product.

The attached paper outlines the applicable provisions of the U.K. Bribery Act.  In so doing, it aims to provide the Caribbean/Guyanese Practitioner a better understanding of the applicable provisions, and in so doing, enable the reader to give practical advice to affected clients. It was presented at the 2013 Caribbean Commercial Law Workshop by its author, Dave Kissoon.

UK Bribery Act

Levans v. Roraima Airways: London House Chambers secures jurisdictional victory in Eastern District of New York.

Source: Guyana Chronicle

The Guyana Telephone & Telegraph Company (GT&T) has lost its request to stay the enforcement of a High Court Order which had directed the company to pay entrepreneur James Samuels $1,000,000 in damages, and declaring GT&T to be an unlawful monopoly. According to a press release received yesterday from International Attorney Dave Kissoon of Cozen O’Connor, GT&T has lost its request to stay the enforcement of the order of Justice Rishi Persaud, pending appeal.

Justice B.S. Roy, rendering a decision yesterday, February 22, refused to stay Justice Persaud’s June 19, 2012 Order, which directed GT&T to pay entrepreneur James Samuels $1,000,000 in damages and declaring GT&T to be an unlawful monopoly.

Mr. Samuels, who was previously represented by Charles Ramson, S.C., is currently represented by Attorneys-at-law, Mr. Parmanand Mohanlall and International Attorney, Dave Kissoon of Cozen O’Connor with Mr. Miles Fitzpatrick, S.C., with Mr. Timothy Jonas, is representing GT&T.

The release stated further that Samuels had applied for and was provided with DSL internet service by GT&T in 2006, which holds an exclusive licence for national and international voice and data transmission under the Telecommunications Act, 1990. After the internet service was installed on the plaintiff’s computer located at his residence in Georgetown, he subscribed to a Voice Over Internet Protocol Service (VOIP) provided by the Vonage Company of the USA. Vonage, according to the release, enables a subscriber to send and receive voice communication electronically over the internet by use of a personal computer.

The release said that Samuels had written GT&T to inform them of his intention to utilise the VOIP service in Guyana, to which GT&T replied advising him that under the terms of his contract with the defendant, he was prohibited from utilising the DSL service for international telephone activities or for international telephone bypass, and blocked Samuels’s internet access, thereby disrupting the DSL service which was provided to him.
GT&T contended that the disruption of the service was justified, since the plaintiff was unlawfully operating an unlicensed telecommunication service in contravention of the provisions of the Telecommunications Act , Act 27 of 1990, and of the defendant’s contract and licence with the Government of Guyana.

As a consequence, Samuels instituted these proceedings seeking, inter alia, a declaration that there is a breach of the contract executed between himself and GT&T for the provision of the DSL service for his premises at 292 Church Street, Queenstown, with respect to his use of VOIP equipment.

After a trial on the issues, Justice Persaud not only awarded Samuels damages, but stated that, “I accordingly uphold the plaintiff’s submission on this issue and find that the licence granting an exclusive right or monopoly to the defendant [GT&T] to provide telecommunications service or to control or regulate voice and data transmission on the internet is unlawful and void,” the release concluded.

When asked for comment, Samuels stated, “It is unfortunate that GT&T continues to expend time and resources on a position that I and the courts believe to be clearly without merit. Guyana’s telecommunications sector must be immediately liberalised and I will continue to fight for the good of my fellow citizens.”

According to the release, GT&T has indicated that they intend to approach the Full Court to revisit the issue of a stay.