Lawyer threatens legal action against public officials functioning as party agents

National Elections Recount

Attorney-at-Law Christopher Ram has threatened to file legal action against several Government officials – including several caretaker Ministers – who are functioning as party agents for the APNU/AFC coalition in the ongoing national elections recount.

In a letter dispatched on Friday, Ram warned these officials that they should not receive salaries for their posts in public offices.

The letter was sent to Alliance for Change (AFC) General Secretary and caretaker Public Infrastructure Minister David Patterson; caretaker Housing Minister Annette Ferguson; junior caretaker Minister at the Ministry of the Presidency Simona Broomes; Director of Sport Christopher Jones, and Ryan Belgrave from the Culture, Youth and Sport Ministry – all of whom are currently active in the ongoing recount exercise at the Arthur Chung

Conference Centre (ACCC).

However, Ram reminded them of their oath to “honour, uphold and preserve” the Constitution of Guyana.

According to Ram, while Article 219 (3) of the Constitution of Guyana proves for them to carry on in their public offices

and for the Finance Minister to access funds for their salaries, their current function as party agents in the recount exe

rcise is not catered for.
Article 219 (3) states: “Where at any time Parliament has been dissolved before any provision or any sufficient provision is made under this Title for the carrying on of the Government of Guyana, the Minister responsible for finance may authorise the withdrawal of s

uch sums from the Consolidated Fund as he or she may consider necessary for the purpose of meeting expenditure on the public services (emphasis added) until the expiry of a period of three months commencing with the date on which the National Assembly first meets after that dissolution, but a statement of the expenditure so authorised shall, as soon as practicable be laid before the Assembly by the Minister responsible for finance or any other Minister designated by the President and, when the statement has been approved by the Assembly, that expenditure shall be included, under the appropriate heads, in the next Appropriation Bill.”

“Public service” is defined in Article 232 of the Constitution to mean “subject to the provisions of paragraph (5), the service of the Government of Guyana in a civil capacity.”
Paragraph (5) thereof specifically excludes from public service as including, inter alia, the office of Minister and Members of the National Assembly.
To this end, Attorney Ram pointed out that these Government officials cannot function as party agents while still holding their public posts.

“I am satisfied that that

function does not constitute public services as contemplated and defined in the Constitution. Accordingly, any payment to you and any receipt by you would be a violation of the Constitution, the country’s supreme law, as well as the Fiscal Management and Accountability Act,” the political activist noted.
As such, Ram notified these officials in the letter on Wednesday that he will be bringing legal action against them, at the appropriate time, for the return of all public monies they improperly received and for other sanctions as the court thinks fit, as well as against persons making these payments.