The Hindu community has nominated Rabindranauth Persaud to replace Chandra Gajraj as a member of the Integrity Commission. Gajraj resigned her seat on the Commission in August citing personal reasons.
However, Persaud’s appointment may be delayed as section 3 (4) of the Integrity Commission Act requires the President to consult with the Leader of the Opposition, before appointing the chairman and the other members of the commission.
With the death Desmond Hoyte SC, the post of Leader of the Opposition is vacant and there is no indication when the parliamentary opposition will meet to elect a new leader.
If Persaud’s appointment is stalled the commission will be in no position to regularise the dismissal of its secretary Deonarine Shiwsankar whose services the Head of the Presidential Secretariat Dr Roger Luncheon purported to terminate with effect from February 1, 2003. Stabroek News understands too that Dr Luncheon also arranged the secondment of a Harinaraine Singh from another government agency to be appointed as secretary. Persaud was a former employee at the commission and had left to join the department from which he is now being seconded.
The commission also purported to regularise Shiwsankar’s dismissal by the Head of the Presidential Secretariat but the want of quorum prevents it from doing so as under section 9 (4) of the act, “Three members of the Commission shall constitute a quorum”.
Its Chairman Anglican Bishop Randolph George has told Stabroek News that Shiwsankar is free to return to his job but that he would have nothing to do as arrangements had been put in place for his work to be carried on. He added that the Commission had consulted the Attorney-General’s Chambers on the issue.
Stabroek News understands that Shiwsankar on the advice of his lawyer, Khemraj Ramjattan had returned to work but was told that the Police would be called to evict him from the premises if he did not leave voluntarily.
Ramjattan wrote Dr Luncheon pointing out that he had no authority to dismiss Shiwsankar as under the provision of section 7 (3) of the act “The Commission is a body corporate” and recommended a course of action that should be taken if the Commission wanted to terminate his client’s services.
Observers are also raising questions about the reappointment of the other members whose term would have ended in 2001, citing the consultation requirement of section 3 (4).
The observers also question the restriction of the pool from which the members are drawn as the act imposes no such restriction.
Neither section 3 (2) which deals with the appointment of the chairman nor 3 (3) which deals with the appointment of the other members say that the members should only be drawn from the religious communities.
When originally constituted the members were drawn from the Christian, Hindu and Muslim communities.