GTU strike/court injunction: Chief Education Officer was not held in contempt of court – AG

…explains ‘circular’ issued not worded in best possible language

Attorney General and Legal Affairs Minister Anil Nandlall has debunked claims that the Education Ministry’s Chief Education Officer Saddam Hussain was found guilty of contempt of court on Wednesday when he appeared before Justice Sandil Kissoon for a memorandum/circular which has been published advising Regional Education Officers and Principal Education Officers to continue collecting the names of teachers who are absent from work.
The Ministry intends to use the data collected to keep track of teachers who were both present and absent from classrooms during the four-week teachers’ strike spearheaded by the Guyana Teachers’ Union (GTU).
During a Facebook live, the Attorney General explained that the circular Hussain published was issued after he had informed the Ministry that the GTU is allegedly spreading misinformation about the case which is before the court.
According to Nandlall, teachers are being told that “no monies will be deducted from their salaries, and the case has concluded”; and to dispel the misinformation, he advised the Education Ministry to “continue to record the absences of teachers, clarifying that the order of the Judge is temporary, and teachers’ salaries will be deducted for the period they were absent from the classroom, because that is the law”.

Nandlall admitted that he did not review the circular prior to it being sent to REOs and PEOs; however, after careful consideration, he explained, the “circular was not worded in the best possible language”, and he understands why it can be interpreted in multiple ways.
“I will concede that it was not expressed in the best language possible, and it is capable of some unfortunate interpretations…and some of those interpretations can have an adverse impact on the administration of Justice, and even cast aspersions on the court itself,” Nandlall said.

Appearance in court
The Chief Education Officer was summoned to court on Wednesday by Justice Sandil Kissoon, to show cause why he should not be committed for contempt.
Hussain, who was represented by Attorney-at-Law Anil Nandlall, informed the judge that it is not the intention of the Ministry or any of its officers to disrespect the court system, or to disobey any court order.
According to Nandlall, Hussain offered to rescind the circular and to ensure it is worded properly, and as a result, was not held in contempt of court.
“Mr. Hussain was invited by the Judge to speak to explain his position, and he did so very eloquently and very clearly. I believe that he was able to persuade the Judge that whatever mistake that was made was not intentional. He reiterated his and Ministry’s intentions to never disobey any order of court…he acceded to the contention that the memorandum or the circular was not worded on the best possible language, and he offered to rescinded it,” Nandlall explained.

Mediator
Further, Nandlall disclosed that during his engagements with Justice Kissoon, he was asked to facilitate a meeting between the Government of Guyana and the Guyana Teachers’ Union.
He explained that Justice Kissoon would like to see all parties talking and the matter resolved amicably.
The Attorney General has said he would engage all Government stakeholders involved and provide the Justice with an answer on Thursday when the court reconvenes at 15:00h.
“I indicated to the court that the Government would like to see the teachers in the school. The judge also said that he wants to see the parties at a table talking… The Judge wanted me to give a commitment that this will take place. I respectfully informed the Judge that I act on behalf of a collective, and I need to get the collective’s opinion and guidance before I commit them to any course of action,” the Attorney General explained.

Court case
On February 22, the High Court granted Conservatory Orders blocking the Government from cutting the salaries of striking teachers, and also blocking the Government from moving ahead with a decision to discontinue the deduction of union dues from the salaries of teachers for the GTU.
The orders were handed down by Justice Sandil Kissoon, and are to remain in effect until the determination of the substantive case, with the hearing set to commence on March 20.
The State’s case is being led by Attorney General Anil Nandlall. (G1)