Whyte-Nedd’s non-appointment reaches High Court

Aug 13, 2010 News

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– Public Service Commission asked to give just cause

The controversial non-appointment of Ms Genevieve Whyte-Nedd to the position of Chief Education Officer is currently engaging the attention of the High Court, and will no doubt become a history-making case.
This newspaper understands that following an order by the Registrar, the Public Service Commission has been asked to give just cause why Whyte-Nedd has not been appointed to the position, despite the fact that she is suitably qualified and has applied repeatedly to the position.
The Motion was presented since July 9, last, and had warranted a response from the Commission last Monday (August 9).
According to reports reaching this newspaper, the Commission which is headed by Mr Ganga Persaud and has as its other members: Mr Carvil Duncan, Mr Cecil Seepersaud, Ms Vera Norton and Mr Desmond Hope, has since requested additional time to respond. The Commission has Mr Jaigobin Jaisingh as its secretary.

Attorney-at-law Nigel Hughes, acting on behalf of Whyte-Nedd, had on July 9 last moved  for an order directed to the Public Service Commission and its members to show cause why their decision not to appoint a Chief Education Officer should not be quashed and/or set aside as a decision made ultra vires, null and void and in breach of article 201 of the Constitution of the Cooperative Republic of Guyana.
Whyte-Nedd in a sworn affidavit revealed that she has acted in the position of Chief Education Officer in the Ministry of Education since September 2005 on a continuous basis. She commenced her professional career in the education field in 1971 as a pupil teacher at the Ann’s Grove Methodist School.
In 1974, she attained the status of a certificated teacher – Class 1 Grade 1 Trained Teacher and was appointed an Assistant Mistress of the same school.  However, in 1978, the educator was appointed acting headmistress in the Clonbrook Nursery School, and in 1981, commenced performing duties as District Education Supervisor. She would remain in this position until 1988 when she was appointed District Education Officer.
Committed to the education profession, Whyte-Nedd in 1992 was appointed Regional Education Officer, a position she held until 1994. In that very year she commenced acting in the capacity of Assistant Chief Education Officer (Nursery) and was subsequently appointed in 1996.
Whyte-Nedd in 1999 commenced acting as Deputy Chief Educational Officer (Development) and was appointed to that position in 2001, a position she held until she was appointed acting Chief Education Officer in October 2001.
“I acted in the position as Chief Education Officer for the period October 2001 to October 2002. In September 2005 I was again appointed acting Chief Education Officer, a position I have held since.”
The Ministry of Education had, in March and October 2006, advertised for the position of Chief Education Officer, and on both occasions Whyte-Nedd had duly applied. However it was not until 2007 that the current Public Service Commission was established, assuming the responsibility of dealing with appointments to the substantive position of Chief Education Officer.
Having been established, the commission had considered and filled several vacancies which were advertised subsequent to that for Chief Education Officer, including District Education Officers, and that of Assistant Chief Education Officer (Primary).
It was not until April 2008 that Whyte-Nedd, by way of letter to the Commission, decided to query about the delay in the Chief Education Officer appointment. In October of the same year, the General Secretary of the Guyana Public Service Union inked a letter to the Minister of Education, highlighting concerns about the non-appointment. The Minister responded in similar fashion the following month, but merely to acknowledge receipt of the GPSU’s letter.
The life of the Commission came to an end on the July 6, last, with the Commission maintaining the position not to fill the designation of Chief Education Officer, a move which characterised a breach of its constitutional obligations and mandate.
“I am advised by my Attorney At Law and verily that the position of Chief Education Officer is a public officer which is under the constitutional purview of the Public Service Commission…the decision of the Public Service Commission not to consider the vacancy and or appoint any person to the position of Chief Education Officer for a period of four years is a violation of the constitution and ultra vires…”
Having inked several letters to the Commission as it relates to the Whyte-Nedd’s non-appointment, the GPSU in a letter dated June 24, last, wrote the Chairman of the Commission stressing its protracted concern about the matter.
“It is disconcerting that the constitutionally established body, charged with the responsibility for protecting and safeguarding the interest and careers of public servants, including protecting them from political and other extraneous influences and considerations, would treat the Union, recognised as the legitimate representative of public servant, under the provision of the Trade Union Recognition Act 1997, with such contempt, discourtesy and disrespect.”
In the letter which was carbon copied to each member of the Commission, Minister of Labour Manzoor Nadir and Director General of the International Labour Organisation Mr Juan Somavia, the union outlined how Whyte-Nedd was routinely bypassed in favour of her Deputy, Mr Roopnarine Tiwari, who was generally invited to attend meetings in her place where the filling of vacancies by the Commission was considered.
According to the letter, the move served to suggest discrimination against Whyte-Nedd and also raised doubt about the much vaunted independence and impartiality of the Commission in dealing objectively and fairly with public servants. “…It serves to discredit and stigmatise the Commission and its membership,” the letter added.
Whyte-Nedd who is up for retirement this year was just last week sent off on leave. The leave, according to reports, will strategically tie into Whyte-Nedd’s date of retirement. In the meantime, reports suggest that another individual has been appointed to the acting position in Whyte-Nedd’s stead.

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Land Registry clerk sacked for malpractice, forgery

The Land Registry Clerk attached to the New Amsterdam High Court has been dismissed with immediate effect for malpractice.  The man, a resident of Belvedere, Corentyne, Berbice, was dismissed after numerous complaints were filed against him for various degrees of misconduct, including forgery (of people’s signatures) of documents and fraud among other issues.
His file has also been sent to Georgetown so that the authorities can probe the magnitude of the mismanagement that was allegedly perpetrated.
Kaieteur News has since been reliably informed that the authorities have uncovered numerous cases in which the clerk had forged the signature of the Land Registrar in Georgetown.
Members of the Berbice Bar Association had over the years complained about the attitude and disrespect of the official, the functioning of the office and the level of discrepancy and dishonesty that had been taking place at the New Amsterdam office by the clerk.
Complaints had also been made about the non-action to complaints made to the Land Registrar in Georgetown.
The Registry official had before been accused of forging a lawyer’s signature in New Amsterdam and the matter was reported to the police but nothing came out of it, since the man had reportedly boasted that he has ‘contacts in high places’.
Lawyers and concerned members of the public are asking that an audit be done of the New Amsterdam Land Registry Office, and that the police are called in to intensify the probe.
With the sacking of the Clerk, the work of the Land Registry will be affected even more as litigants are unsure when their matters will be attended to.

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