6 APNU/AFC-appointed REOs move to High Court to challenge dismissals

Six APNU/AFC Regional Executive Officers (REOs), who were recently dismissed by the People’s Progressive Party/Civic (PPP/C) Government for non-performance have moved to the High Court to challenge their dismissals. They are arguing that the termination of their services was unfair and as a result of their political affiliation.
Those challenging their dismissals are the former REOs from Region One (Barima-Waini) – Randolph Storm; Region Two (Pomeroon-Supeenaam) – Denis Jaikarran; Region Three (Essequibo Islands-West Demerara) – Jennifer Ferreira-Dougall; Region Five (Mahaica-Berbice) – Ovid Morrison; Region Six (East Berbice-Corentyne) – Kim Stephen-Williams and Region 10 (Upper Demerara Berbice) – Orrin Gordon.
Last month, the Local Government and Regional Development Ministry informed the REOs that their services were no longer needed. Termination letters were later dispatched to them.
Commenting on the matter, subject Minister Nigel Dharamlall had said “the Ministry lost confidence in their ability to perform. Their deportment was inimical to the effective and efficient functioning of the regions they managed. Moreover, they practiced heavy partisan politics…They were void of professionalism and impartiality.”
In court documents seen by this publication, their attorney argued that by firing his clients, the Local Government and Regional Development Minister infringed on their constitutional rights to protection from discrimination on the ground of political opinion provided for in Article 149 of the Constitution of Guyana.
The former REOs have submitted that they were advised by their lawyer, and verily believe that their dismissal contravened the spirit of Article 6 of the International Covenant on Economic, Social and Cultural Rights.
Also, they are complaining that the Executive branch of Government acted in contravention of Sections 4 and 5 of the Prevention of Discrimination Act, by terminating their contracts on the basis of their purported political affiliation. Against this backdrop, they maintain that their contracts cannot be terminated on such grounds, but in accordance with the laws of Guyana. They have advanced several other grounds in support of their applications.
As a consequence, they are seeking various remedies, including damages, court costs and any such further or other orders the court deems just.

Political appointees
Parliamentary Affairs and Governance Minister Gail Teixeira had already made it clear that while the new People’s Progressive Party/Civic (PPP/C) Administration will not engage in witch-hunting; it will seek to rid the public sector of political appointees whose services are no longer required.
Time and again, various regional chairpersons have complained over the unwillingness of the various REOs to cooperate in order to advance regional development. In the case of Region One, Regional Chair Brentnol Ashley in July 2019 had explained that there is a holdup of crucial projects in the region, through no fault of the Regional Democratic Council, but rather, the REO.
In Region Two, the REO was charged for assaulting Regional Vice Chair Nandranie Coonjah. The REO, in 2019, had also reportedly taken away the vehicles belonging to the Regional Chair and Vice Chair, and had closed the door to the Vice Chair’s Office.
In Region Five, the RDC had not been able to properly meet for months due to constant disruptions by the REO who usually leads a walkout, forcing the meeting to be adjourned. The REO’s walkouts stemmed from an incident where Regional Chairman, Vickchand Ramphal had asked two controversial Councillors to leave the horseshoe table while their legality was being discussed.
However, the Chairman’s request was met with pushback from the coalition Government’s Councillors. Morrison swore in three persons as Councillors unbeknown to the Chairman and the full Council. Ever since, there have been issues at every statutory meeting in relation to the legality of the Councillors which ultimately led to walkouts by Government Councillors and the REO.
The Region Six REO has had her fair share of controversies as well. In July 2018, she refused to write the then Minister of State Joseph Harmon on the wishes of the RDC. The RDC had passed a motion for Central Government to finance transportation of children whose parents were out of a job due to the closure of the sugar estates, but the REO refused to make the request.
Meanwhile, Region Nine’s REO was, in 2017, charged with sexual assault.