High Court quashes Bulkan’s decision to remove Linden Town Clerk

Jun 19, 2018 News

The High Court has ruled that former Linden Town Clerk, Jonellor Bowen, was unlawfully dismissed by Minister of Communities, Ronald Bulkan.
It was further ordered that the Ministry pay costs to Bowen in the sum of $50,000.
Acting Chief Justice Roxanne George handed down the ruling on May 25.
This was as a result of litigation brought against the Minister by Attorneys at Law, Charles Ramson Jr. and Mark Conway on behalf of the sacked Town Clerk.
Yesterday, Ramson said “It is important that when the executive acts in a manner which does not respect the rule of law, the principles of natural justice and due process, the court must act as a check on executive power. Otherwise the nation will end up in a territory of tyranny.”

Minister of Communities, Ronald Bulkan

Former Linden Town Clerk, Jonellor Bowen

Last December, Ramson sought from the court, “An Order or Rule Nisi of Certiorari quashing the decision of Ronald Bulkan, Minister of Communities for the Government of Guyana, to revoke the Applicant’s appointment as Town Clerk of the Linden Mayor and Town Council as the decision is unlawful, ultra vires, arbitrary, contrary to and breaches the principles of natural justice, and for the said Minister to attend before this Honourable Court to show cause why the said Order or Rule Nisi granted herein should not be made Absolute.”
This was after Minister Bulkan took a decision to revoke the appointment of Bowen, effective March 23, 2017.
Bowen was appointed on June 28, 2012, by former Minister within the Local Government Ministry, Norman Whittaker. Her employment became effective on July 3, 2012.
A letter from the Communities Ministry had stated that the Minister in his deliberative judgment had taken a decision to revoke Bowen’s appointment, effective immediately. No reason was stated in the letter.
Apart from the revocation order, the letter further informed Bowen to make arrangements for an orderly and accurate handover of all assets, keys and documents pertaining to the administration and the Council, to the Deputy Town Clerk of the Linden Mayor and Town Council.

Attorney at Law, Charles Ramson Jr.

Following months of being on administrative leave, Bowen had resumed duties within the municipality on March 1. Councillors of the municipality had passed a no-confidence motion against her on July 27, 2016 and she was sent on administrative leave in October, following a Commission of Inquiry into alleged wrongdoings within the Council.
The Commission of Inquiry, which later released its findings, had found that the motion brought against the Town Clerk was “in contravention with the procedures set out in Section 8 of Chapter 28:01 of the Municipal and District Councils Act of the Laws of Guyana and was also in contravention of the Standing Order rules under Section 9.