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Regional Executive Officer to pay cost

Mar 29, 2011 News

… Dismissed Overseer saga

The Region Six Democratic Council and its Regional Executive Officer, Badase Poonai, have so far failed to respond to court proceedings instituted in the Berbice High Court by dismissed overseer of the Ordnance Fortlands No38 Neighbourhood Democratic Council, Godfrey Evans.
They were ordered to pay $10,000 cost when the matter came up for hearing for the third time in the Berbice High Court before Justice Roxanne George-Wiltshire.
Evans, of New Street, Cumberland Village, East Canje Berbice, through his lawyer, Murseline Bacchus, moved to the High Court after he was dismissed from his job, with immediate effect on December 12, 2010 upon instructions from Regional Chairman Zulfikar Mustapha.
The dismissal was later confirmed in a letter signed by Poonai.
Evans, who has been working at the said NDC since 1971 and being the overseer since 1987 was dismissed along with a sluice attendant with immediate effect after a sluice in Cumberland was left open and flooded the area.
When the matter was first called, Justice George Wilshire gave the respondents until February 4, last, to say why their decision to dismiss Evans or any other as may be necessary should not be quashed.
The Affidavit which was served on the Attorney General, the Region Six Democratic Council and the Minister of Local Government was not answered then nor were the defendants’ affidavit ready when it was called again last Friday.
The judge has now given the Respondents until April 15 to file their affidavit in response.
In the writ Evans, a father of two, is stating that neither the Region Six Democratic Council nor any of its officers has the jurisdiction and or power to dismiss or terminate his employment .He is also stating that his dismissal is illegal and/or unlawful.
He further stated that the purported delegation by the Minister of Local Government of his powers under section 43 of the Local Government act, chapter 28:02 is null and void, illegal, unlawful and ultra vires and that the Local Government Minister could not delegate such powers.
He can only be dismissed under section 43 of the Local Government act Section 28:02.
Mr. Bacchus is further claiming on behalf of his client that even if the Minister could have delegated his powers under section 43 of the said Act, his dismissal would still be without jurisdiction, void and unlawful since he could have only been dismissed by the Ordinance Fortlands No38 NDC and then only with the approval with the RDC of Region six.
He is also stating that he was not given an opportunity to be heard.
Since he was dismissed he has been barred from entering his office and has not received any salary nor has anyone or any statutory body informed him of any pension or Gratuity.

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