Booted PPP councillor accuses REO of “manipulating the law”

Nov 12, 2019 News

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It was announced at the Region Six Regional Democratic Council’s recent statutory meeting through a correspondence issued by the Regional Executive Officer to the Chairman that PPP/C Councillor, Zamal Hussain, has been removed from the Regional Tender Board and replaced “with another person” selected by the “Regional Administration”.

The development which the Chairman, David Armogan, referred to as “somewhat of a controversy” has raised a mountain of questions among opposition aligned councillors. They have argued that stringent efforts are being made to manipulate the law at RDCs managed by the People’s Progressive Party.
In the correspondence seen by this publication that was addressed to Armogan and signed by Regional Executive Officer, Kim Williams-Stephens, who is also the Chairman of the Regional Tender Board, said that each Regional Tender Board (RTB) shall consist of five members; three members appointed by the National Tender Board and two members appointed by the (regional administration) from among persons with qualifications not dissimilar to those required for appointment to the National Board.
The Regional Tender Board has since come in for heavy scrutiny after it appeared that efforts are being made to have the “Regional Administration” instead of the “Regional Democratic Council” elect two members to sit on the Board together with the three members selected by the National Tender Board.
The persons who sat in those two positions were PPP/C councillors Zamal Hussain and Phillip Rose, with

Kim Stephens as the Chairman of the Board.
Hussain who was removed was replaced by someone chosen by the “regional administration” while Rose made it clear that he will only sit on the Board if he was recommended by the “Regional Democratic Council”.
The RDC, however, has made it clear that it is its responsibility to select two members to sit on the Board and not the “Regional Administration” headed by Kim Stephens.
Hussain has since stated that, “this is a clear case of the practice of the government and that is to manipulate the laws of Guyana. This is to ensure that they hijack the treasury.
“That is the basic concept of what is happening in this entire country.”
He quoted from the Ministry of Communities website, which underscores that “the Regional Democratic Council is the supreme local democratic organ in each region with the responsibility for overall management and administration of the region.”
He stressed that as such the REO functions as the accounting officer and clerk of the RDC.
“The main function of the democratic council is to administer all services required within the boundaries by the service such as health, education, public works etc,” he noted.
While making reference to the correspondence sent by the REO, Hussain argued that at no point mention was made that “the regional administrator must appoint two persons.”
“It said regional administration and administration means the management of public affairs that is government, so when it says the regional administration, it does not mean the REO.”
Hussain further went on to explain the three appointments by the National Tender Board with the REO as a member “does not say in the law that the REO should be Chairman of the tender board”. He however mentioned that in 2003, the National Procurement Tender Administration Board Act, implemented by then President Bharrat Jagdeo was “to ensure there was scrutiny, it was then that they decided that the Regional Executive Officer be the Chairman of the Board.”
The Councillor added that since 2003 the RDC has been appointing two members to sit on the Board. He argued that, “if the government of the day was keen on scrutiny, keen on accountability and the rule of law then you cannot allow the chairman of a tender board to choose two members that they want”.
He surmised that such a development is unfair. Premised on the Procurement Act, “It shall be the duty of a member of a body who is in any way whether directly or indirectly interested in any deliberation of that body regarding the bidding process to declare the nature of his interest at the meeting of the body this arise as a big conflict of interest, there is cronyism, families.”
The REO is the aunt of Jevaughns Stephens, Regional Health Service Director.
Meanwhile, Regional Chairman, David Armogan, pointed out that the RDC is the body that “sets the principle to which two members are elected to the tender board apart from those three that are appointed by the National Tender Board”.
Armogan posited that the new development raises eyebrows and questioned the “sudden change”.
“Why all of a sudden at this period when we are so close to the national elections has it become so convenient for a custom and practice, that all of a sudden we are changing it?”
According to Armogan, he wrote to Stephens on the issue but she responded by quoting Section 19 (2) of the Act.
He added, “So that is why I wanted this discussion to take place and do the right thing and if the authorities want to do the wrong thing, they can go ahead.”
At that point, a decision was made to have Hussain and Rose (recommended by the RDC) remain on the board.
Stephens said that when she took up her posting as REO in 2016, there was no meeting by the RDC to deal with selecting two persons to sit on the board.
She said, “I would like to refer again to the Act 19 (2) which stipulates the appointment for the board and I want to further suggest if there is need for clarity, we should get that rather than to be a part of sitting and recommending in respect to the appointment.”
It was however, pointed out by a PPP Councillor that Hussain and Rose were already selected as members of the board when she took office as REO in 2016; hence, there was no need for a meeting on the issue.

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