…says general review of boards, agencies under way

AMID criticisms over the administration’s handling of the retirement of Justice Cecil Kennard as chairman of the Police Service Commission, President David Granger on Wednesday insisted that there was no purging of individuals and that government has undertaken a general review of the state boards, agencies and commissions, with the aim of establishing an age of retirement for persons who sit on them. The President was at the time responding to questions posed by media operatives in relation to Justice Kennard, after the accreditation ceremony of Switzerland’s new Ambassador to Guyana at State house. Justice Kennard was asked to step down as Chairman of the Police Complaints Authority (PCA) due to his age. The President offered an apology for the short notice, but maintained that it was a decision that had to be taken. “There was no negative report. In fact, the decision was taken to review all of the boards, including the Central Housing and Planning Authority. I regret very much the short notice. He does deserve longer notice and there was a consideration of the length of service and the age of the persons

holding those offices. I have worked with him and he came before the Disciplined Forces Commission and he has a lot of bright ideas, but at this time we look forward to filling all of the Constitutional appointments. We also have the Public Service Tribunal…We want to fill the Ombudsman, so it is a result of a general review of all the agencies, boards and commissions,” President Granger said.

The President said that Justice Kennard’s work is exemplary, but the Government is focused on creating an atmosphere in which other persons, who are younger, are able to take a lead. It is expected that in the coming days, more information would become available. “So it is not a criticism of his service, but there will be a general order explaining our policy on age and retirement for agencies, boards and commissions, but at the same time, we hope to give other persons an opportunity to serve, so that over a period of time we build up expertise in the younger generations too. So it is not a criticism of Justice Kennard. There will be further information, but nobody is being purged. We are simply trying to give other persons the ability to serve,” the President said.
The Guyana Chronicle had first broken the story that the services of Kennard and Chairman of the Public Utilitie Commission, Prem Persaud, respectively, were coming to an end as both are expected to retire by the end of March. The distinguished, retired jurists have been employed by the State for years, with Kennard a retired Chancellor of the Judiciary being at the helm of the PCA since 2001. This publication understands that both men were appointed and served with open contracts which allows for their termination at any point.
The PCA was established by the Police Complaints Authority Act in 1989, under former President Hugh Desmond Hoyte’s administration to be an independent, investigative

institution, which would receive complaints from members of the public about alleged criminal offences committed by members of the Guyana Police Force.

However, the PCA has never functioned with full autonomy in accordance with the functions prescribed by the PCA Act. The body is neither independent nor investigative, as it relies on the government through the Ministry of Public Security for staff and financing and is also dependent on the Guyana Police Force for the conduct of investigations.
Meanwhile, Minister of Public Telecommunications, Catherine Hughes, has confirmed to this newspaper the retirement of Justice Persaud. She told the Guyana Chronicle that the outgoing chairman of the PUC is nearing 80 years of age and the time has come for him to retire. She denied that he was sacked and said, “No, not let go. He is retiring; he is close to 80 years old and will retire soon. We are in transition and he will retire by March, 2017.”
Minister Hughes said Justice Persaud’s contribution over the years is valued not only by her, but by the administration. “I have spoken with him and he will always be a mentor to the organisation,” Minister Hughes added. The Public Telecommunications Minister said candidates will be explored in the coming weeks and an announcement made at the appropriate time. The PUC is a body established by the Public Utilities Commission Act No.26 of 1990, which came into effect on October 1, 1990. The legislation was subsequently amended thrice; in 1991, 1994 and 1999. The commission consists of a chairman, who serves on a full-time basis and three other commissioners, who are appointed to serve on a part-time basis. In accordance with Section 5 of the Act, a fourth commissioner can be appointed by the commission, if it is necessary.
The commissioners who serve on the commission alongside Justice Persaud are Maurice Solomon, Dela Britton and Rajendra Bissessar and are mandated to establish and enforce rules and procedures for regulation of the public utilities, commensurate with internationally accepted regulatory standards and promote and regulate the efficient, long-term provision of utility services , consistent with government’s policies. Additionally, the commission is mandated to provide a fair environment conducive to business interests, investment in the public utilities sector and the interest of consumers; to investigate and seek to resolve in a timely manner, complaints filed with the commission against any public utility and to carry out its functions in a fair, transparent and independent manner.