RUBBISHING claims of political witch-hunting by the opposition, Minister of State Joseph Harmon has given the assurance that the State Asset Recovery Agency Bill is not aimed at PPP officials and clarified that when signed into law, the legislation will provide for the director and deputy director of the agency to be appointed by Parliament as well the approval of the body’s work plan.

“Let me take this opportunity to put this policy of politicisation of the agency to rest. The expressed purpose of this legislation is to replace the State Assets Recovery Unit , which now operates out of the Ministry of the Presidency, with an independent agency that is not subject to ministerial oversight, but reports to Parliament to ensure insulation and remove any perception of interference,” Harmon told the House during the fierce debate on the anti-corruption legislation. The opposition People s Progressive Party has been on a campaign to demonise the bill as oppressive, but has failed to highlight the various layers of independence and parliamentary oversight.

During the debate, PPP frontbencher Priya Manickchand had charged that the current make-up of SARU has eroded its independence. “We cannot possibly think that the present director and present officers of that agency can be legitimately called fit and proper in the context of the way fit and proper has been defined. Fit and proper has to be devoid of political associations,” the former Education Minister argued, highlighting that at a recent press conference one of the officials of SARU said that they would be ready to go after stolen state assets the next day after the legislation is passed. “The current office-holders are “politically motivated and will act as political appointees.”
However, Harmon said the Bill provides for the recovery of state assets through civil rather than criminal procedures for as far back as 12 years. He said government was not about to embark on a witch-hunt, assuring that even persons associated with the current coalition government would face prosecution if in breach of the act.
Manickchand also accused government of setting the stage to target persons who have exercised their constitutional right to associate freely and violate the constitutional right to ownership of property and argued that there are existing anti-corruption laws that could be enforced pending refinement of the Bill by a parliamentary select committee.
Under the legislation, no one will be charged, prosecuted or jailed as part of the process to recover state assets from public officials and other persons linked.
“Mr Speaker, first of all this bill constitutes [sic] to the establishment of the legal framework to give effect to the commitments made to the people of Guyana by the APNU+AFC Administration and by President Granger to stamp out corruption and to restore the principles of transparency and accountability,” Harmon said, stressing that the bill will not only focus on past fraudsters of state assets, but also those in the present and future era which places his government also on the radar. Ignoring continuous heckling by the opposition, Harmon continued his arguments in favour of the bill saying that corruption is widespread in Guyana and is practised by holders of public office. “The passage of this bill will establish an agency that will establish an agency that will recover state property proved to be the proceeds of unlawful conduct by public officials and/or any benefit obtained in that regard by way of civil asset recovery,” Harmon said, reiterating that no criminal sanctions will be taken against those found guilty, which is set out in Clause 4 of the bill.
This point was also reiterated by Minister of Public Telecommunications, Cathy Hughes, who made it clear to the opposition that no criminal sanctions will be held against anyone as is being peddled by the PPP.

“The focus instead is on investigation and recovery of assets belonging to the state that has been unlawfully procured, it is therefore an action against the property and not the person,”
Minister of Public Telecommunications, Cathy Hughes, posited that it is the state’s right to go after its assets as it is in the best interest of all Guyanese. Her effort to edify the MPs on the other side of the House, that no one will be arrested and that the bill in no way will affect any particular ethnic group or members of a particular political party was disrupted by loud sarcastic ‘wows’ from the other side of the House as opposition MPs alluded to the recent seizure of 15 computers from the Enmore NDC. “Theft is theft, corruption is corruption, in any way shape or form and we are bold enough to pass this bill and we are going to be accountable too; we stand firmly on the theft of state property, regardless of who you are, regardless of which political party you come from and regardless of what ethnicity you are,” she said.
Before zooming in on the bill, Natural Resources Minister Raphael Trotman scolded the PPP Members of Parliament, who had spoken ahead of him over what he considered to be reckless statements. Warning that the world is watching, the minister said that certain boundaries should not be crossed.
Trotman told the House that he had certain concerns pertaining to the Asset Recovery Bill, but said following consultations, he is convinced that it cannot be used as a weapon against the opposition, noting that only the High Court could make certain decisions.
In addition to the establishment of SARA, the Bill provides for the Office of the Director to be appointed by the National Assembly on recommendation of a Parliamentary Appointments Committee. The director is required to discharge his/her functions in the way best calculated to contribute to the reduction in crime and recovery of state property.
Notably, the bill protects persons claiming an interest in the targeted property, including an innocent purchaser, by ensuring, where possible, they receive notice of the application, have capacity to press their claims at the court hearing, and have a right to appeal the High Court’s decision.