Dear Editor,
Whilst the Local Government Commission is rooted in the bowels of the Constitution of Guyana (Refer Article 78A of the Constitution); and is specifically provided for under the Local Government Commission Act No. 18 of 2013; the Ministry of Communities via its Minister and Permanent Secretary seems bent on promoting an insidious parallel administration aimed at interfering with the work of the Commission by way of unauthorised interventions and directives which, not only interfere with the work of the Commission, but also denies Commission staff the benefits to which they are entitled and which are provided for in the Commission Act and other subsidiary legislation.
As at January 31, 2019, the staff of the Local Govern-ment Commission and its Commissioners have not been paid their salaries because the Permanent Secretary of the Ministry of Communities has either unilaterally decided, or has been directed not to sign on to the cheque to facilitate such payment.
While Sections 22, 23, 24 of the Local Government Commission Act 2013 allows the Commission to, inter alia, (a) employ necessary staff and to determine their remuneration and “other terms and conditions of employment”; (b) determine its “own annual budget” for submission to the Minister of Finance and approval of the National Assembly; and while the Commission has rigidly following those clearly set out procedures, the Minister and his Permanent Secretary continue to treat the Local Government Commission as a Subvention Agency and require, inter alia, that the Commission writes that Ministry for releases to meet approved expenditures.
It is our understanding that Constitutional Commissions like the Local Government Commission are required to function within their annual Budget approved in the National Assembly and subject to the same regulations as other Budget Agencies. This includes the independence to manage its affairs within the ambit of the Constitution and the Local Government Commission Act. In this regard also, we are aware and do appreciate the requirement of accountability to the National Assembly.
The Permanent Secretary’s refusal to sign the cheque to facilitate the payment of salaries of the Commission’s staff and its Commissioners for January 2019 must be a faux pas which we place in the public purview with the expectation that it be corrected by the Minister and his Permanent Secretary.
Yours faithfully,
Norman Whittaker
Commissioner – Local Government Commission