Government continues to blatantly practice authoritative leadership to the extent that independent institutions are now under siege, according to former Attorney General Anil Nandlall.
PPP/C MP Anil Nandlall
He said there is an increasing proclivity of the coalition Government, supported by demonstrable evidence, to interfere with and/or usurp the functions of independent constitutional agencies, statutory bodies corporate and elected organs.
In a statement to the media, Nandlall outlined several instances where Government Ministers attempted and have succeeded in interfering in the affairs of independent bodies.
The parliamentarian alluded to the incident where Communities Minister Ronald Bulkan unlawfully attempted to select the Mayor of Mabaruma and the Chairpersons of the five tied Neighbourhood Democratic Councils (NDCs) in Region One (Barima-Waini).
Similarly, he observed that Cabinet “arrogated onto itself a power” to deliberate upon the controversial parking meter contract being executed by the Georgetown Mayor and City Council.
“Unappreciative of how erroneous and legally repugnant the process is, the AttorneyGeneral (Basil Williams) blissfully completes his “review’’ and rendered his opinion,” he stated.
Nandlall noted too that the Wales Estate closure, from all indications, was a Cabinet decision.
“We have learnt that the decision to close Wales Estate did not emanate from GuySuCo’s Board, nor was it a recommendation of the Commission of Inquiry established to chart a course forward for GuySuCo. One must presume that the said decision either came from Cabinet or from the President acting in his own deliberate judgment,” he said.
He said the public also witnessed the uninitiated attempts by the Attorney General to “torpedo the appointment of the Deputy Registrar of Deeds by the Judicial Service Commission, an independent constitutional body, vested by the Constitution with the power to make that appointment.”
This matter is now in the High Court.
According to Nandlall, rather than accept his error and concede that he was wrong, the Attorney General opted to defend the proceedings, thereby “exposing himself to greater public embarrassment when the court eventually rules against him.”
He added that the removal of Olato Sam as the Chief Education Officer of the Education Ministry is another example of the Government’s wrongdoings, since he was an officer appointed by the Public Service Commission.
Nandlall noted too that the premature establishment of a tribunal by President David Granger to investigate the removal of Carvil Duncan from the positions of Chairman and a member of the Public Service Commission, must also be added to this line-up.
He pointed out that a similar trend of abuse and quest for power is discernable in respect of appointments to State Boards.
“Section 6 of the Drainage and Irrigation Authority Act 2004, establishes a body corporate to be known as The National Drainage and Irrigation Authority. Section 7 establishes a Board of Directors for this Authority and provides how this Board should be constituted,” he outlined.
Nandlall posited also that the Government has deliberately rejected the nominees from the Rice Producers Association for the Guyana Rice Development Board.
Most recently, he observed that Prime Minister Moses Nagamootoo believes it is Government’s responsibility to establish a Secretariat for the Procurement Commission when the Constitution provides otherwise.
Nandlall said the most axiomatic exemplification of the lack of appreciation for the independence of these institutions is the belief by the Attorney General that he is the lawyer for them all.
“This is evident by the fact that lawyers attached to the Attorney General Chambers are now appearing in the High Court for GuySuCo, the Mahaica/Mahaicony/Abary Developmental Authority, the Regional Democratic Councils and the Georgetown Public Hospital Corporation, all of which are statutory corporations, which are separate and apart from Central Government,” he stated.
