Despite being “dismissed” by the government since March last year, retired judge Charles Ramson Sr says he has continued to perform the duties of Commissioner of Information and entities he has engaged with in the execution of his post have been complying with his requests for information.
These entities, Ramson told Sunday Stabroek on Wednesday from his East Street residence from where he works, includes the Magistrates’ Courts.
Last December, Prime Minister Moses Nagamootoo had told the National Assembly’s Committee of Supply that the Office of the Commissioner of Information has been vacant since March 2018, when Ramson was sacked. Nagamootoo told the committee that Ramson was dismissed for rendering his office dysfunctional since he has been unable to submit an account of what he has done since assuming the post in 2013.
Ramson was appointed by then president Donald Ramotar with effect from July 2nd, 2013 as Commissioner of Information under Section 5 of the Access to Information Act 2011, and he assumed office and continues to perform the functions of the post to date.
Ramson said that he has challenged his purported dismissal, and the matter is currently engaging the courts. He added that the State had filed an application to strike out his case on the ground that it was an abuse of process.
The court, he said, ruled on October 3rd, 2019, that his action was not an abuse of process, and awarded costs against the State in the amount of $30,000.
“They are very robotic in how they operate. They do not understand what an abuse of process is,” Ramson, a former Attorney General and Minister of Legal Affairs, said. He said that the State was also ordered to file a defence, which was done, and he filed a reply to the State’s defence on November 12th.
Ramson, who has several claims against the State before the court, including claims for outstanding wages and benefits, said that he will also be claiming wages and benefits for the period January 2019 to whenever his claim against government concerning his purported dismissal is determined, as he has not been paid any wages or benefits for the work he has been doing since then.
Strong case
In relation to his purported dismissal, Ramson is convinced that he has a strong case based on provisions of the Act, and the decision of Chief Justice (ag) Roxane George in a different legal dispute he commenced against the State.
Nagamootoo had said that Ramson’s contract with government was terminated. Ramson, however, said that he has no contract with government, as he was appointed under an instrument of appointment under the Act.
As a result, Ramson said, there are specific procedures and considerations which must be satisfied if he is to be removed from his post.
This newspaper had previously reported that the Access to Information Act does not provide for the Commissioner of Information to be fired for the offence cited by Nagamootoo.
According to the Act, the President may remove the commissioner only if he is found to be bankrupt, has been convicted of an offence which involves immorality; is unfit to continue in office by reason of infirmity of mind or body or had, or has, acquired such financial or other interest as is likely to prejudicially affect his functions as Commissioner of Information.
Additionally, the Act provides for the commissioner to make representation on his own behalf before being removed. There was no indication that any of this was the case. Ramson was purportedly dismissed by way of a letter signed by then Minister of State Joseph Harmon.
Meanwhile, on January 11th this year, the Chief Justice ruled that the failure by government to provide the Office of the Commissioner of Information with the implements needed for it to operate properly violated section 5 of the Act, and ordered that the office be given staff, and furniture to allow it to execute its mandate.
Specifically, the Chief Justice had said “…the Government of Guyana is to provide such furniture and staff as feasible within the budget of the Government of Guyana up to the termination of employment of Ramson when said termination is finally determined, either by the parties, or by a court of law.”
The natural implication of the Chief Justice’s words, Ramson said, is that he remains the Commissioner of Information.
Ramson disclosed that currently, the dismissal case is going through the case management process. The judge it has been assigned to was slated to make a decision as to what the real issues in the case are. This decision was said to be made on Thursday.
