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Edghill, Willems and Duncan to stop posing as ERC Commissioners

Jun 02, 2011 News

After years of holding forth against the Ethnic Relations Commission (ERC), leader of the People’s National Congress Reform (PNC/R) Robert Corbin has taken decisive action against what he calls the “unconstitutionality” of the current ERC.
Corbin, at a press briefing late yesterday afternoon at Congress Place, announced that the High Court issued an injunction and a Conservatory Order, yesterday, “directing and ordering” three men from “holding themselves out as Chairman and members” of the ERC.
The court order also moved to stop the three defendants – Juan Anthony Edghill, John P. Willems and Carvil Duncan – from taking any decisions, making any recommendations or issuing any directions in the name of the Commission.
The injunction and order stand at least until the final determination of the action.
The defending parties are to return to court on Monday, June 6, 2011 when their response will be heard by the Chamber Judge, the Honourable James Bovell Drakes.
According to Corbin, the party has long been in support of the ERC but when the proceedings of the body became unconstitutional it felt that it was time to speak up. As such, their objections to the constitutionality were brought to the people at length and now that the case has been presented to the public they have brought it to the courts.
Corbin and his lawyers on May 23 last compiled a long list of ways in which the ERC has violated the constitution. These are contained in the legal action.
Among the issues raised were the expired term of office of the commissioners, unconstitutional decisions taken by the defendants, lack of quorum, interference in elections and with the constitutional rights of citizens as well as issues with use of tax-payers money.
Corbin pointed out that the term of office of the three defendants expired in August 2007 and the National Assembly failed to follow procedures for the reconstitution of the ERC. He noted that as a consequence “anyone holding himself out to be a member of the ERC and purporting to carry on the functions of Commissioner … is without lawful authority and in breach of the provisions of the Constitution of Guyana.”
He added that he was advised by his attorneys that all actions and decisions made or taken by the three defendants are “unconstitutional, null, void and of no legal effect.”
The lack of quorum claim arose out of the fact that Commissioner Edghill, and Willems and Duncan who are both substitute commissioners are the only remaining members of the first appointed Commission.
The Constitution however requires that a quorum shall consist of the Chairman and not less than four members. He noted that even if the three defendants were “duly appointed, which is not admitted” they could not constitute a quorum and therefore make decisions on behalf of the commission.
He went further to state that under these conditions any decisions made after their stint as commissioners expired would be null, void and of “no legal effect”.
The leader of the Opposition noted that Edghill holding himself out as Chairman of the ERC also met with the Guyana Elections Commission (GECOM) seeking to play a role in the upcoming General and Regional Elections.
He said that this forced the party to protest the matter of the Commission’s status to GECOM.
Among the injunctions and orders filed were three that pertained to monies used by the three defendants since the expiration of their lawful tenure as Commissioners. The first was a declaration stating that the defendants were not entitled to any “remuneration, allowances and/or monies” from the State Treasury or any other source that was intended for use by the Commission.
There is also an injunction against the defendants or any representatives from collecting further monies in the name of the ERC as well as an order directing the refund of all monies obtained since August 2007 to the Treasury.
Corbin went on to note that as late as Monday, May 30, 2011 two of the defendants were disseminating what he called “gross misinformation” on television and that this constitutes an act of “public mischief”. He said that the defendants “if not restrained, will continue to mislead the public and engage in further unlawful and unconstitutional activity.”

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