Dear Editor,
The Fiscal Management and Accountability Act 2003 is “An Act to provide for the regulation of the preparation and execution of the annual budget; the receipt, control and disbursement of public moneys; the accounting for public moneys; and such other matters connected with or incidental to the transparent and efficient management of the finances of Guyana.”
In Section 2 – Interpretation – it is stated that ‘budget agency’ means a public entity for which one or more appropriations are made and which is named in the Schedule. There are 39 Budget agencies listed.
SN of January 15 reported that “following discussions with various stakeholders, including senior management of the GGMC and the Guyana Public Service Union (GPSU) …Minister of Natural Resources and the Environment… in accordance with the Guyana Geology and Mines Commission Act… has named a Commissioner and two Deputy Commissioners” – a process described as “the initial phase of the GGMC’s reorganization.”
Reference to the GGMC Act Cap 65:09 Section 5 (1) states as follows:
“5 (1) The Commission may employ at such remuneration and on such other terms and conditions it thinks fit (including the payment of pensions, gratuities or other like benefits by reference to the service of its officers and other employees) a Commissioner, a Secretary and such other officers and other employees as the Commission considers necessary for the purpose of carrying out its functions.”
Section 5 (2) reads as follows:
“5 (2) The Commissioner shall be the chief executive officer of the Commission and, subject to any general or special directions of the Commission, shall be responsible for the execution of the policy of the Commission and answerable therefor to the Commission.”
Amongst the powers of the Minister the following provision may be relevant:
“31 (1) The Minister may give to the Commission directions of a general character as to the policy to be followed by the Commission in the performance of its functions and the Commission shall give effect to those directions.
(2) In carrying out such measures of reorganisation or such works of development as involve a substantial outlay on capital account, the Commission shall act in accordance with a general programme approved, from time to time, by the Minister.
(3) In the exercise of its functions in relation to training, education and research, the Commission shall act in accordance with a general programme approved by the Minister.”
The Schedule to the Act describes the composition of the Commission and the mode of appointment of members – whose names must be gazetted. It would be reassuring to have confirmed that the Commission is in situ, and that it is functioning as set out in relevant sections of the Schedule.
Research does not reveal where according to the GGMC Act the Minister is authorised to bypass the Commission and not only make appointments, but create new positions.
In this connection in the last observed organisation structure there is only one position of Deputy Commissioner. The next highest management tier consists of six Managers (of whom four are technical) and a Legal Adviser.
The hitherto acting Commissioner would have been a Manager, whose elevation will presumably create a vacancy. One other ‘resident’ Manager was elevated to position of Deputy Commissioner, thus creating a second vacancy of Manager. (Incidentally both of these promotees are retireable in the not too distant future.) Presumably the reorganisation will involve a re-distribution of portfolios. SN’s report omitted to indicate the respective responsibilities to be assigned to the Deputies, the creation of one of which positions would possibly have raised queries amongst unidentified stakeholders (amongst whom the Commission was not counted) and a non-plussed GPSU.
That the latter should acquiesce to an ‘outsider,’ however qualified, superseding its own member candidates for promotion, takes some swallowing. In any case how was the preferment amongst equal Managers effected?
Hopefully, one bargaining chip would have been for the union to be advised (if not assured) of the next round of promotions by the relevant authorities.
The exercise so far must have created some tremors in the mining community, the more perceptive of whom may ponder the validity of the process:
1. Is the new ministry yet an official Budget Agency as defined by the Fiscal Management and Accountability Act?
2. Which provision of the GGMC Act empowers the Minister directly to make appointments and create new positions?
Yours faithfully,
E B John
