Minister’s Power to Revoke Linden Toll By-Laws Under Question

The Government is facing questions over the legal authority used to revoke the Linden Town Council’s 2016 toll by-laws, with former Local Government Minister Ronald Bulkan challenging whether the current Local Government Minister has the power to unilaterally cancel an already approved and gazetted municipal by-law.

The controversy follows the issuance of Order No. 172 of 2026, which purports to revoke the Linden Town Council (Toll) By-Laws 2016, published in the Official Gazette on August 20, 2016. The Order cites sections 304 and 305 of the Municipal and District Councils Act. But those provisions do not expressly confer a power on the Minister to revoke an approved by-law.

Section 304 gives a council the authority to make by-laws for the good rule and government of its area. Section 305 sets out the approval process. A council-made by-law must be submitted to the Minister, who may approve it, approve it with amendments, or reject it. The same section provides that a by-law has no force of law until it has received ministerial approval. What section 305 does not expressly say is that the Minister, after approving and gazetting a by-law, may subsequently revoke it. That omission is at the centre of Bulkan’s challenge.