IMC regains control of Public Service Credit Union

Jun 29, 2018 News

The High Court on Wednesday issued another order which essentially allows the Government’s Interim Management Committee, (IMC) to regain control of the Guyana Public Service Cooperative Credit Union, (GPSCCU).
The order which was issued by Justice Gino Persaud discharged previous orders of Court.
The GPSCCU’s management committee, which has been criticised for the manner in which it handled the financial affairs of the Union, had secured an interim order to remove the government-appointed IMC.
However, yesterday the Chief Co-operatives Development Officer, (CCDO) attached to the Ministry of Social Protection Labour Department, Perlina Gifth, secured orders on the grounds that full disclosure was not made by the original management committee in its applications to the court.
Among other things, Gifth contended that the injunctions previously granted on June 19, 2018 to the original management committee “would place the Credit Union itself in severe financial peril and the members of the Credit Union would suffer hardship if funds are dissipated and records to trace transmissions are lost.”
She also noted that the former Secretary/Manager, Trevor James Benn, had no authority to file an application, since he did not show in his pleadings to this Honourable Court that he was duly authorised by at least one third of the members of the Guyana Public Service Cooperative Credit Union Limited.
The CCDO also stated in her affidavit that Benn was not authorised to swear to the affidavit on behalf of the Credit Union, as he ceased functioning as Secretary/Manager from May 25, 2018, in keeping with a letter that was delivered to him, according to the regulations.
On June 16, last, the battle for control of the GPSCCU shifted to the High Court.
Chairman of the union, Patricia Went, filed court action against the decision by the CCDO to assume control of the union and appoint an Interim Management Committee, led by Justice Prem Persaud (ret’d).
The other members of the IMC are Patsy Russell, Trevor L. Benn, Rajdai Jagarnauth, Gillian Pollard, Oneidge Walrond- Allicock, Patrick Mentore and George Vaughn. Trevor L. Benn is Chairman of the IMC.
According to court documents Went sought an injunction restraining Justice Persaud and the other members of the IMC from carrying out their functions until the matter is determined by the court.
Went claims that the decision by the Chief Co-operative Development Officer or the Commissioner for Co-operative Development to assume control of the union is unlawful and in breach of the Co-operative Societies Act Cap. 88:01.
She also contended that the letter dated May 25, 2018, was in breach of and a denial of the principles of Natural Justice and legitimate expectations and ultra vires the powers of the Chief Co-operative Development Officer and/or Commissioner for Co-operative Development under the Co-operative Societies Act.
Went also asked for a declaration that the members of the IMC cease to function with effect from the 25th day of May, 2018. Their appointed was unlawful, she argued.
But the Ministry of Social Protection had indicated that its CCDO was acting in conformity with the provisions of the Co-operative Societies Act.
It was disclosed that the decisions were taken after carefully considering the “unsatisfactory performance” of the previous management team, which failed to manage the affairs of the society in the best interest of its members and within the parameters of the relevant laws.
It was revealed by the Ministry, that it has been monitoring the performance of the replaced delinquent management team for several years, but was not satisfied that the affairs of the credit union were being handled within the realms of integrity, transparency and most of all, professionalism.

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