THE GUYANA Revenue Authority (GRA) has said that it will not deny outgoing Commissioner-General Khurshid Sattaur his constitutional right to benefits despite some discrepancies that exist with his tenure as Commissioner-General.Addressing the issue of Mr Sattaur’s benefits, Chairman of GRA’s Board of Directors, Rawle Lucas, on Friday told reporters that it was not the intention of the Revenue Authority to deny Mr Sattaur his benefits. He noted however that there were two types of pension arrangements under which Mr Sattaur could benefit: the first being the Ministry of Public Service and GRA’s pension scheme.
“Mr Sattaur has satisfied the conditions to receive a pension under the Public Service Ministry’s arrangements. With regard to the GRA, that is where we think there might be some discrepancies and that is what we are looking into at the moment,” the Chairman said.
Mr Sattaur was employed by the GRA on September 1, 2003, by former President Bharrat Jagdeo, but retired from his post in 2011. It is the period following his retirement that is contentious, as there is no contract supporting his tenure despite the fact that he actively served in the post of Commissioner-General until December 2015. Mr Lucas said the Board of Directors and the Revenue Authority have to “acknowledge” the service provided by Mr Sattaur. He stated that “given the fact that Mr Sattaur provided services consistent with the position he held, then one has to acknowledge that through performance.”
In addition, the chairman noted that though there is the issue of an “implied contract” governing Mr Sattaur’s tenure following retirement, it can be reasonably taken that Mr Sattaur continued to be employed under the same terms under which he was initially employed.
However, the law which created the Revenue Authority was amended and transferred the power to appoint the Commissioner- General to the governing board, Mr Lucas stated.
“Our legal team has advised that Mr Sattaur’s continued service following his retirement in October 2011 could have been possible on the basis of a contract agreed upon by Mr Sattaur and the governing board and supported by the Minister of Finance,” Mr Lucas added.
However, the board could not find any evidence of such a contract which provides evidence to that effect.
PENSION
Additionally, Mr Lucas disclosed that Mr Sattaur opted for “voluntary retirement” on October 31, 2011. As such, he commenced receiving a pension for the past four years with the most recent payment being this year.
Approximately one week ago, the board discovered that though Mr Sattaur retired in 2011, he reportedly effected the backdating of information to 2007, which suggests he was part of GRA’s pension programme since then, the effect of which cost the Government of Guyana (GoG) approximately $12M.
“Our legal services division was asked to examine this action and could provide us with no rational or supportive basis for what appears prima facie a highly irregular course of action that created the misleading impression also that he was retained under the permanent establishment and that he was not on contract,” said Mr Lucas.
INIMICAL
The board, he added, finds Mr Sattaur’s actions to be “inimical” to the public’s interest and “highly prejudicial” to the interest of the GRA.
Meanwhile, head of the Legal Services Division, Hissaun Yasin-Nandlall, explained that Mr Sattaur had accrued leave benefits and as such is entitled to same. “We are choosing the option of termination which means he would be entitled to termination benefits as well under the law.”
Yasin-Nandlall emphasised that Mr Sattaur’s leave benefits are “intact.” “[His] leave would not be affected,” she added. Because the authority opted to terminate Mr Sattaur’s service effective March 1, the head of the Legal Services Division said “termination benefits are what he would have been entitled to under the Termination of Employment and Severance Pay Act (TESPA), which is also his entitlement.”
Mr Sattaur, in response to the GRA’s announcement that he had been fired, said he is “relieved,” but wants his benefits.

By Ariana Gordon