It is inexcusable that President David Granger has not fully declared his assets and liabilities to the Integrity Commission, says Transparency Institute of Guyana Inc’s (TIGI) head, Dr Troy Thomas, who is questioning why the Head of State was not among the 87 names on the first list of errant public officials published in the Official Gazette last November.
“The president has to make a better effort to make sure [he complies]. He can’t say anything about his Cabinet. He can’t compel them to comply because he is not in compliance…the president must understand that he has a key role to play in that Integrity Commission Act and if he does that [doesn’t comply] the whole thing falls apart,” Thomas told the Sunday Stabroek recently.
A recent letter in the Stabroek News by public relations consultant Kit Nascimento drew renewed attention to the issue. Subsequently, Granger admitted that he has not yet submitted all his declarations to the commission but said that he is currently working to rectify this.
According to the Integrity Commission Act, every person who is a person in public life, not being a member of the commission, is required to file a declaration every year on or before 30th June and in cases where such persons cease to be a person in public life, within 30 days from the date on which the person ceases to be a person in public life.
Thomas said that he was surprised to learn that the president was not fully compliant and said he expected that Granger would be leading by example. “I didn’t expect that at all. I know when names were published I don’t recall seeing his name,” he said, adding that for him, this meant that the president was in compliance.
Heading the list of the specified offices published in Schedule 1 of the Act is the President of Guyana. Among the several dozen offices listed are Members of Parliament, the Director of Public Prosecutions (DPP) as well as the Deputy, presidential advisors, the Auditor General and the Deputy, the Commissioner of Police, the Chief of Staff of the Guyana Defence Force, the various service commissions, the Police Complaints Authority, Judges of the Supreme Court, Magistrates, the Vice Chancellor, Registrar and Deans of Faculties of the University of Guyana and members of the Integrity Commission.
The Integrity Commission published a full page notice of officials who had not complied with filing their declarations, in the November 10th, 2018 edition of the Guyana Chronicle. Heading that list of non-compliant officials was the then Foreign Affairs Minister Carl Greenidge. Among the other defaulters were 41 Members of Parliament (MPs), including senior government ministers, and opposition members.
When Stabroek News rechecked the list yesterday, Granger’s name was not listed. His name was also not on the other six lists subsequently published.
The commission’s chairman Kumar Doraisami was unavailable for comment yesterday.
Regardless
Thomas told the Sunday Stabroek that all those who are not in compliance should have their names published regardless of who they are. “I don’t think the Integrity Commission should look at who it is,” he said, emphasising that every errant official should be named.
He stressed that the only thing that will be sufficient for him is full compliance. Starting the process is not sufficient, he said. “He (the president) has to finish it,” he asserted.
Further, the transparency advocate said that if there is any particular issue with any asset or liability, the declaration form should be filled as best as possible and a memo attached with an explanation so as to alert the Integrity Commission that an adjustment may have to be made . A court case, for instance, he said, is not an excuse for not submitting one’s declaration form.
Granger last Wednesday informed the media of his non-compliance with the Act. “I have written to them. I have not submitted all of my declarations. They are taking some time but I am in touch with them and the commission has heard from me,” Granger told reporters when asked if he has filed a declaration. He would later say that he is concerned that some of his ministers have not complied even though it is the policy of the Cabinet.
Thomas told the Sunday Stabroek that he doesn’t accept any excuse from politicians for not bringing themselves in line with the law. He said that while it may be a case that someone is preparing the form for the president and he just has to sign it, he still doesn’t see that as an excuse why the president or any politician should not be in compliance.
“They can’t expect other people to take it seriously if they don’t intend to take it seriously,” he said, before reminding that the president and the DPP have roles to play in the Act. “If they are not complying, it doesn’t inspire anyone to take it seriously and politicians must subject themselves to the law. The law is not just for the man in the street. It’s for politicians and they have to step up and show that so I would say take whatever action needs to be taken against them,” he emphasised.
According to the Act, the president appoints the chairman and members of the commission after consultation with the minority leader (Leader of the Opposition in this case). The president also has the power to terminate those appointments. If any of the members resign, their letter is addressed to the president. Members of the commission have to declare their financial affairs to the president.
The Act also states that on conclusion of any inquiry into any breach of the Code of Conduct, the commission is to submit a report to the DPP if necessary. A copy of that report is also to be submitted to the president. The DPP is given the power to institute and undertake criminal proceedings against the person in public life for any breach of the code.
Thomas held firm to an earlier call for the legislation to be changed to allow for the President and Opposition Leader to have to make their declarations public. “I still stand by that,” he said before observing that this becomes even more necessary given the focus on a transparent government and coming from a situation where they wasn’t a functional commission which would have ensured the enforcement of the Act.
Thomas expressed the view that politicians have to continue to make steps in the direction of more transparency and accountability. “If our leaders can continue to demonstrate that everything is above board, people will get more confident in government and so that is why I think, starting with the heads of major political forces in the country…let them be open and transparent in that way and share their declarations so people can see and I think it will inspire a lot more confidence in our leaders, both from the opposition and government,” he added.
In response to calls for the errant ministers to demit office if they continue to be non-compliant, Thomas does not agree as he said the penalties outlined in the Act can be utilised.
“If they don’t submit, then the full provisions in the law must kick in. There is penalty in the Act for lack of compliance,” he said, before reiterating that Granger has to lead by example.
One minister so far has come forward admitting non-compliance. Communities Minister Ronald Bulkan, in a letter responding to Nascimento, explained that because he is unsure of his true liabilities to the sum of $82,068,617 and due to the fact that he is awaiting some information from his bank in this regard, he has not filed a declaration. Some observers, however, do not find this to be an acceptable excuse.
