The main opposition PNCR is questioning the legality and wisdom behind Guyana Elections Commission (GECOM) Chairman Dr. Steve Surujbally’s acceptance of an appointment to head the new Guyana Livestock Development Authority (GLDA).
Surujbally, however, said yesterday that he had been advised by his lawyers that he had done nothing wrong and he added that the party could challenge the appointment in court.
With polls due later this year, PNCR Central Executive Committee member Amna Ally told a news conference yesterday that the party had noted with “dismay” Surujbally’s apparent acceptance of the chairmanship of GLDA. “No one can question the competence and qualification of Dr. Surujbally to perform as Chairman of this body, but it is known that the constitutional provisions require him to refrain from other employment. Whether or not a distinction can be made between paid and unpaid employment is a matter for judicial interpretation,” Ally said, while reading from a party statement.
Ally noted that a similar issue had recently attracted the attention of the Court in the matter of Justice Prem Persaud being Chairman of the Public Utilities Commission and also being Chairman of another constitutional body. “However, irrespective of the judicial interpretation, Mr. Surujbally ought to have known that 2011 is Election Year: a year fraught with challenges for GECOM. In such circumstances one must question the appropriateness of accepting such an appointment at this time in the charged political environment of Guyana, she added.
Further, Ally stated, the PNCR had noted inferences in the newspapers that political parties were consulted and agreed to his acceptance of this post.
The PNCR, she said, had given no such endorsement. “In any event, at the time the information was made known to the PNCR, the Letter of appointment, dated 16 August 2010 and signed by the Minister of Agriculture, Mr. Robert Persaud had already been issued to Mr. Surujbally indicating that Cabinet had previously approved his appointment. In these circumstances it is difficult to fathom that Cabinet would have made such an appointment before consultation with the proposed appointee,” she explained.
According to Ally, the PNCR sees the appointment as part of the president’s plan to create controversy to facilitate a crisis to prolong his stay in office. She concluded by saying that the party would be carefully monitoring the developments.
When contacted yesterday, Dr. Surujbally, who is currently overseas, stated that he had contacted his lawyers on the issue and was advised that he had done nothing wrong. “Let them go to the courts if they feel it’s illegal,” he declared. He said he had written and met the leaders of the parliamentary parties months ago advising them of his appointment and had sought feedback on whether they objected but to date he has received no response.
Addressing the issue of employment with the GLDA, he said that he was not receiving “a red cent” and had stated in a letter to the agriculture minister that he would not be “beholden” to him and that any “symbolic stipend” should go towards the Guyana Society for the Prevention of Cruelty to Animals. Dr. Surujbally said he would have to dedicate “one time per month for two hours” to the GLDA chairmanship duties. “Have I done something wrong that I should step down? Is it breaking the law? I think not!” he stated.
Surujbally also accused Stabroek News of provoking the issue with the publication of an anonymous letter on December 28, which among other things queried whether the appointment of a GLDA Chairman had been concluded. Stabroek News then carried a response from the Permanent Secretary of the Ministry of Labour Dindyal Permaul on December 30, in which he disclosed that Surujbally had been appointed as Chairman of the GLDA. Permaul has also argued that Surujbally’s appointment does not conflict with the constitution, which states that the GECOM chairman should be fulltime and hold no other employment. “For our part, there is no irregularity since the appointment as GLDA Chairman can by no stretch of the imagination be considered ‘employment,’” he said.
Article 161 of the constitution states: “There shall be an Elections Commission for Guyana consisting of a Chairman, who shall be a full-time Chairman and shall not engage in any other form of employment….”
The GECOM Chairman said he is preparing a response to the PNCR’s charge.
