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Local Government Ministry to appeal CJ’s ruling on Town Clerk appointment

Apr 13, 2014 News

Minister within the Local Government Ministry, Norman Whittaker, believes that Chief Justice Ian Chang erred when he ruled that the Ministry could not appoint Carol Sooba to the substantive post of Town Clerk.
Whittaker told Kaieteur News, yesterday, that the Attorney General’s office will file the matter in the Court of Appeal.
Former Local Government Minister Ganga Persaud had appointed Sooba as Town Clerk towards the end of last year. On Thursday Chang ruled that according to the Constitution, the Minister does not have the power to appoint any official within the Local Government arm to any position once the official is earning a certain salary – the Town Clerk position falls into that category, Chang stated.
He went on to say that the Constitution provides for a Local Government Service Commission; the body authorized for staffing among other things. In the absence of this Commission, the Minister can place a person to act in a certain position, but cannot appoint them to the substantive post.
However, since the law was passed in 1969 to convene the Commission this has never been done, the CJ said. He could not find any evidence to show this. It was thus his view that appointments cannot be made in default because of an absent Commission which is legally required. The CJ said that Sooba is a de facto (not legally ordained) Town Clerk and the Minister used power he did not have (ultra vires).
The CJ’s added that if he erred in his ruling it was because he was not provided with the relevant information by the defendants such as Ministerial orders and related documents. He had to do his own research, he said.
Minister Whitaker said that Sooba will remain acting Town Clerk until the appeal is complete, but the Mayor and majority of councilors are against the Minister’s position. Mayor Hamilton Green described the decision for Sooba to continue in an acting capacity as “reductio ad absurdum”. He said that steps were already being taken to deal with the matter.
The Mayor has stated also that they will recommend someone they think is fit to hold the Town Clerk post, but Minister Whitaker has warned against any move to replace Sooba; reminding that the court made it clear that only a direct challenge by quo warranto, could end Sooba’s de facto post.
Shadow Local Government Minister Ronald Bulkan has also called for Sooba to remove herself from the Town Clerk position. He charged that not only is Sooba unqualified for the post, but she refuses to cooperate with the Council.  Sooba has said to the media that when the time comes for her to be removed legally, she will step down.
City Hall is however divided with the Mayor and majority of Councillors taking one position and the Administration taking another. The Mayor and Deputy Mayor Patricia Chase-Green have stated repeatedly that Sooba’s imposition on the Council is to enable the Local Government Ministry to micro-manage the Council.
Sooba has stated however that the divide between herself and the Mayor and Councillors is because she is cleaning house. She claims to be tackling corruption at the Municipality; previously launching a campaign to “root out corruption”, she has also claimed to be bringing in more money for the cash strapped Council.

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