The Integrity Commission is in legal limbo along with its secretary Deonarine Shiwsankar who was fired by Head of the Presidential Secretariat Dr Roger Luncheon on December 31 and his dismissal later formalised by the Commission.
Stabroek News on Friday called the Integrity Commis-sion’s offices to speak to the secretary but was told by the person to whom the call was referred that there was no secretary and that all inquiries should be directed to Chairman, Bishop Randolph George.
The statute establishing the commission requires all three members of the Commission to be present for decisions to be formally taken.
But since August there has only been two members following the resignation of Chandra Gajraj, for what she told Stabroek News on Friday were “personal reasons”. Gajraj is the wife of Home Affairs Minister Ronald Gajraj and there had been calls by several persons for her to step down from her position on the Commission because of the possible conflict of interest that was posed. There has, to date, been no official announcement of Chandra Gajraj’s resignation from the Commission. Besides Bishop George, the other member of the Commission is Central Islamic Organisation of Guyana President Fazeel Ferouz.
Bishop George said that he has been informed that another member is to be appointed.
An Office of the President official told Stabroek News that the Office of the President was awaiting the submission of a nominee by the Hindu community for Gajraj’s replacement.
The official said that it had submitted a name but that the Office of the President had felt that the person as a public officer could be among those who are answerable to the Commission and asked for the name of another nominee.
Bishop George told Stabroek News on Friday that the Commission couldn’t formally meet as there were only two members.
He said that as a consequence he was seeking the advice of the Attorney-General as it related to the dismissal of Shiwsankar and a statement would be issued later.
Shiwsankar’s attorney, Khemraj Ramjattan described his client’s situation as an “unhappy” one, which was the result of the Commission having received incorrect legal advice.
Bishop George said too as a result of his experience since the commission has been in existence, he would be recommending to the Office of the President that the number of members on the commission should be enlarged. He said the Integrity Commission in Belize has a chairman and six members.
The Head of the Presidential Secretariat, Dr Luncheon by letter dated December 31, informed Shiwsankar that his services were being terminated with effect from February 1 because “of an irreparable loss of confidence in (his) ability to discharge the responsibility of the Secretary to the Commis-sion” by the Office of the President.
Bishop George told Stabroek News that Dr Luncheon’s letter was based on a decision by the commission and Shiwsankar was spoken to on several occasions.
Ramjattan questioned the decision in a letter to Dr Luncheon pointing out that the legal requirements for dismissing his client had not been met and that for Shiwsankar’s services to be terminated it had to be done by the Commission in a proper manner.
Shiwsankar was later informed that this had been done but is yet to be formally advised of his dismissal by the Commission.
A report on Tuesday in this newspaper said the Bishop had confirmed that the commission had complied with the requirements as outlined in Ramjattan’s letter to Dr Luncheon. The letter to Dr Luncheon was copied to Bishop George.
Bishop George had also told Stabroek News that Shiwsankar’s job was on the line for several months because of “dereliction” of duties and confirmed that a matter of a personal nature was among the reasons for Shiwsankar’s services being terminated.
The commission was established in 1999 and the term of the commissioners was for three years, which ended on November 21. Ramjattan has questioned the legality of Shiwsankar’s dismissal since even if the commission had a quorum, the decision would have been taken after the commissioners’ tenure had expired.