THAT MEETING TODAY

Jan 21, 2009 Features / Columnists, Peeping Tom

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I will urge those persons who still consider themselves bona fide members of the Integrity Commission not to attend the meeting that will be held today with the President of Guyana.

Their attendance will serve only undermine the independence of the Commission and further erode public confidence in its work.

It is highly unfortunate that the President of Guyana should publicly make statements that he will meet with the Commission and ask them to within two weeks publish the names of all those persons who have failed to file their returns with the Commission.

It is unfortunate because the manner of the President’s outburst suggests that the Commission comes under the supervision of the President.

In my estimation it does not. In respect to the filing and examination of declarations, the President has similar powers under the Act as the Commission itself. That is, it is my interpretation- that the President can request someone who is required to submit a declaration of his or her assets to do so, and the President can request further information, as can the Commission.

The President, as well as the Commission, has the powers to cause an inquiry or investigation into the accuracy of any declaration.

These powers, however, do not, in my estimation grant to the President of Guyana supervisory powers over the Commission. Neither does Section 8(3) of the Act which states:

“In the exercise and discharging of its function, the Commission shall not be subject to the direction or control of any other person or authority.”

If it were the intention of the Act to grant supervisory powers to the President over the work of the Commission, there would have been no need to replicate similar powers as is vested in the Commission to the President.

Integrity Commissions should ideally be independent of the executive arm of the State. For an Integrity Commission to be reporting to the executive arm undermines public confidence in its work.

The President, as outlined above, does not need the Integrity Commission in order to launch a forensic audit of the assets of his Ministers.

He has the powers under the Act to cause an inquiry into those assets. He should use those powers rather than seek to dictate to the Commission what it should do within two weeks.

He should also be mindful that there are serious questions over the legality of the Commission.

The opposition is claiming that it was not consulted in the appointment of the Chairman or its members and has filed a legal challenge against the Commission.

The Commission in my estimation also does not have a Chairman. The law does not provide for the President to accept the resignation of the Chairman before it becomes effective. The law simply states that the Chairman must indicate his resignation in writing to the President.

Therefore as long as the Chairman has done this, the Commission can be considered headless. It can however still function without a Chairman.

The present members of the Commission should however avoid becoming a political football.

They should politely indicate their intention not to attend the meeting at this time and should seek to safeguard their professionalism and the independence of the Commission against executive intrusion.

They should also be mindful that there is a legal challenge to their own appointments and therefore should avoid becoming embroiled in an unnecessary controversy.

The President does not need the Integrity Commission to act. He has the powers to cause to be launched, a forensic audit of his Ministers and other public officials. He may not have at his disposal the investigative capability.

But he can make an important political decision to demonstrate his commitment to integrity in public office and to openness and transparency.

I like the President. He is someone whose integrity cannot be impeached. He is an honest man and I respect his honesty. If he says that he will not tolerate dishonesty in his government, I will believe him.

I will urge him therefore to use the powers vested to him under the Integrity Commission Act to ensure that he has in his possession the declarations of all the assets of his Ministers and to cause forensic audits of these declaration so as to demonstrate that his government has nothing to hide and is committed to being clean.

I will then urge him to show that he is beyond reproach and to publicly declare his own assets. He should do so in the newspapers.

I am sure that Kaieteur News would be more than willing to publish, free of cost, his declaration of assets and liabilities.

If he takes up this offer, I believe that he would set the perfect example for leaders around the world. Once he does this, he will also be on much surer moral footing to demand that members of parliament comply with the provisions of the law.

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