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Feb 29, 2024 Court Stories, Features / Columnists, News
Kaieteur News – Chief Education Officer (CEO), Saddam Hussain was hauled before the High Court on Wednesday to face contempt proceedings for issuing a directive which stated that teachers will face a pay cut despite an interim court order in place instructing the Government not to do so.
Hussain on Tuesday disseminated a memorandum to the Regional Education Officers (REOs) within the eleven public school districts instructing them to continue collecting data on attendance of teachers during the strike. He noted that orders made by Justice Sandil Kissoon are temporary and essentially when the final order is made, the data will used to determine salaries of those absentee teachers.
The CEO emphasized in the memo that “Government of Guyana will not pay teachers for the days which they did not work.” When he appeared before Justice Kissoon on Wednesday to face the contempt proceedings, Hussain apologised profusely and gave the court a commitment that the directive to the REOs would be rescinded within an hour of the conclusion of the contempt hearing. The memo was rescinded and a new one was issued.
For his part, Justice Kissoon noted that Hussain’s instructions to REOs were in direct conflict with his interim orders, so much so that it can be viewed as being geared towards bringing the administration of justice into disrepute. The judge noted that the issuance the memorandum to the REOs was done with full knowledge that an order of the court was “in force and in effect.”
Justice Kissoon noted that the fact that Hussain made reference to his interim orders in his memo, speaks to an attempt of willful disobedience to the orders, an attempt to interfere, prejudice, preempt the decision of the Court and bring the administration of justice into disrepute.
It was pointed out that as a penalty, a person can face a fine not exceeding $250,000 or imprisonment for a term not exceeding three months for contempt. The Judge called upon the CEO to show cause why he should not be held in contempt for his actions. In his response to the court, Hussain said it was “never his intention to disrespect the judge or the court.” “It was never my intention or the Ministry of Education’s intension of cutting anybody’s salary…until this is resolved,” he said. He admitted that having read the order of the court, that the last paragraph of the memo was “poorly” worded. “I should have consulted with the Attorney General …before the circular was disseminated, it was never my intention to bring this court into disrepute or to have any kind of say while the matter is ongoing,” Hussain said accepting full blame for his actions. “I will take all the blame…it was not intentional or malicious,” Hussain emphasised.
He further stressed that outside his duties as CEO, he has integral role in ensuring that students are prepared and ready for the upcoming National Grade Six Assessment Examinations (NGSA). As such, Hussain said that the absence of teachers for whatever reason will have a grave impact on the operations of the education system.
“I have to do something to ensure that the Grade Six teachers are teaching, it is with that intent that I sent out that circular…” Hussain noted. The CEO stressed too that the absence of teachers severely and negatively impacts the education system, “whether it is 10 teachers or 200 absent.”
Attorney General (AG) Anil Nandlall SC entered an appearance on behalf of the CEO. The AG was however reminded by the Judge that he had no locus standi in the matter and could not represent Hussain. The judge pointed out to the AG that he had himself successfully challenged his predecessor Basil Williams attempt to represent his party in a similar proceeding. “I must remind, you have no standi in this matter, Mr. Nandlall…” Justice Kissoon told the AG while pointing out that in ordinary circumstances, it would be AG and Solicitor General of the State that would have a role joining in protecting the interest of the court.
The Judge emphasized that the contempt proceeding is necessary to ensure that the public confidence in the judiciary and administration of justice is protected. Nandlall noted while he cannot represent the interest of Mr. Hussain, he is the State Legal’s representative on record for the substantive matter. “I accept, Mr. Hussian accepts it [the memo] was not worded in the manner that it should and that we assured the judge that it is not the intention of the Government of Guyana in these proceedings to disobey court orders or to compromise the administration of justice.” “That was not the intention of the circular. Whatever unhappy language was expressed, we apologise for that,” Nandlall said.
Last Thursday, Justice Sandil Kissoon granted a temporary order blocking the Government of Guyana from deducting the salaries of striking teachers. The High Court judge also granted an interim order which restrains the Government from withholding the remittance of teachers’ dues to the Guyana Teachers Union (GTU). The judge made the orders at the first hearing of the case filed by the GTU to challenge the Government’s decision to deduct pay from the salaries of striking teachers and also blocking the administration from moving ahead with a decision to discontinue the deduction of union dues from the salaries of teachers on behalf of the Union until the determination of the full case the GTU brought against the government.
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