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The rock upon which a democratic society rests is its Constitution; the Constitution of the country is the supreme law of the land, and all citizens, are subject to its provisions. The
The Head of State, since his assumption to office two years ago, pledged to stamp out corruption in all its forms in public offices and to govern the country in a transparent and accountable manner.
As one of his first priorities the President, during a meeting with senior public servants at the Arthur Chung Convention Centre (ACCC) in May 2015, spoke of his Administration’s commitment to ensuring that the public service is one that is professional and “unbribable”. He also noted that the country cannot function effectively without an efficient and professional public service, which he said, is a hallmark of a well governed state.
As part of this professionalisation of such offices, members of the Public Service Appellate Tribunal, which was reconvened after more than two decades of inactivity and is viewed as an essential element in the system of public administration, were sworn-in on May 17, 2017.
This neglect, the Head of State noted, had led to irregularities and inconsistencies in the Public Service. The Tribunal’s absence injured the interests of persons, who felt wronged by unfair dismissals, the denial of benefits, or other disciplinary actions but who had no redress. The Tribunal affords public servants recourse, other than through the courts, to challenge unfair and unjust promotions, dismissals and other disciplinary action by the Public Service Commission.
According to President Granger, “the tribunal’s reconstitution represents a commitment to administrative justice, it reverses decades of neglect, it restores confidence in the
Government, it will boost public servants’ morale [and] it will enhance professionalism in the national public administrative system.” Chairman of this Tribunal, Mr. Nandram Kissoon, speaking after the ceremony, pledged that the body would work expeditiously to fulfill its mandate to the Public Servants, ensuring that their cases are heard. “That is the whole purpose of the Public Servants Appellate Tribunal to ensure that the Public Servants are adequately and properly dealt with,” he said.
In addition, two members of the Judicial Service Commission (JSC), which is intended to insulate judicial appointments from political partisanship and personal and other biases were also sworn-in on May 17, 2017. The Judicial Service Commission, President Granger said, is an indispensable element of Guyana’s legal framework, the guardian of judicial autonomy and is the defender of its independence. It is the protector of its integrity and impartiality. The JSC the Head of State pointed out that it is a mechanism, which ensures that judicial officers will be appointed on the basis of their competence and integrity.
It is obliged, he noted, to ensure that its recommendations for appointments of judicial officers flow from a dispassionate and objective process and are based on clearly defined criteria applied in assessing the appropriateness of appointees.
President Granger described the constitutional body as the guardian of judicial autonomy and its member and Acting Chairman of Public Service Commission Mr. Patrick Yarde said that the body was finally established after being side-lined for many years under the previous Government. He noted that “we are extremely disappointed that it was not filled for such a long time it was clearly and, as far as I’m concerned, act of wickedness by the previous Government, denying Public Servants access to redress.”
Fighting corruption
At the other end of the spectrum is the urgent need to tackle corruption at all levels. The Head of State, speaking on May 29, 2016, during the launch of the book, “Governance, Transparency and Accountability,” said that crimes of tax evasion, narcotics trafficking, trafficking in persons and money laundering, all contribute to corruption and hinder development. Corruption, President Granger pointed out, “is corrosive as it weakens the enforcement of the law and democratic values. It weakens accountability and transparency and public trust in government and the institutions of government.”
Further, he said that it removes resources from the Government or from agencies responsible for improving the quality of life of Guyanese and what should be a public good is directed to private gain. However, the practice of good governance, transparency and accountability are more than the antidote. The President said that while graft is prevalent in several sectors of society, the Government, together with the public must commit to excising it and to ensuring that transparency and accountability are the hallmarks of service.
He noted that while there may be instances of official graft, Government workers are not the only “villains”, as corruption can be found within the private sector, in offshore banks and in tax havens. As such, a concerted effort by all is needed to tackle the scourge.
The Government is ensuring that the work of the Special Organised Crime Unit (SOCU), which was established in 2013 as one of the recommendations outlined by the Financial Action Task Force’s (FATF) programme of activities to ensure Guyana’s compliance with international financial obligations, fulfills its mandate. It is expected to investigate suspected money laundering crimes, and to prosecute persons suspected of terrorism and financial offences and falls under the control of the Guyana Police Force.
Another body, the State Assets Recovery Unit (SARU) was established as a result of obligations under the United Nations (UN) Convention Against Corruption. The unit has been tasked with investigating claims of corruption and malfeasance committed against the State. As result of investigations and audits, several cases of suspected corrupt practices have been forwarded to the Guyana Police Force for further investigation and possible prosecution.
The Convention, to which Guyana is a signatory, aims to promote and strengthen measures to prevent and combat corruption more efficiently and effectively, to promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery, to promote integrity, accountability and proper management of public affairs and public property.
In this regard, during an interview with the Press and Publicity Unit of the Ministry of the Presidency, Attorney General and Minister of Legal Affairs, Basil Williams pointed out that Government will endeavour to honour the commitments made under the Convention. Minister Williams said, “We are not going to sign on to treaties and not observe them, so we need to reduce these treaties into our national law so that they can apply in Guyana and that is what we are doing and as I said there are persons who are afraid because they have obviously purloined to state assets and they want to hold onto their ill-gotten gains but society as to act in its interest.”
In addition to the establishment of these agencies the Legal Affairs Minister alluded to the fact that since the Administration took over Law Enforcement and related agencies have aligned with each other, allowing for the solving of numerous cold cases and greater efficiency in apprehending criminal elements.
Reflecting on campaign promises, Minister Williams said that Guyana was turned upside down following 23 years of misrule and the Government is in the process of correcting the deficiencies, which it inherited, particularly with respect to the functioning of key related agencies.
“You must have the Courts on the one end, the police and the prisons at the other end, the probation, the prosecutions, the DPP [Director of Public Prosecution], so they have to be coordinated; you have to link, so we have to ensure that there is greater collaboration in the Justice Sector now,” the Minister said.
The Government of Guyana has pledged that it will continue to govern the country with integrity and respect for the rule of law and public officials continue to be held at high standards to ensure that the Guyanese society does not return to the state of lawlessness it once was over two decades ago. President Granger has also assured citizens that those found culpable of wrongdoings would face the full force of the law.
