Dear Editor,
ON 17th September, 2022, a letter to the Editor captioned, ‘First time a CoI is appointed but not gazetted and TORs not publicised’ written under the hand of Mr Eusi Kwayana was published in the media. The letter inaccurately asserted that the government has neither gazetted nor made public the Terms of Reference of the Commission of Inquiry appointed by His Excellency the President on 13th September, 2022.

It is in the national interest that it be placed on the public record (again) that on the very same day the CoI was appointed, the Instrument appointing the commission, in which the Terms of Reference were duly and expansively set out, was published in the Official Gazette of 13th September, 2022.

As Mr Kwayana must be aware, publication in the Official Gazette constitutes notice to the world. A simple gazette or google search by Mr Kwayana would have pre-empted this highly erroneous and bold inaccuracy.

Moreover, news coverage in the mainstream media of, and concerning, the Commission of Inquiry, included copious references to the Terms of Reference of the commission [see Stabroek News article ‘Elections inquiry will zoom in on District Four’, 15th September, 2022, page 3.]

Mr Kwayana also erroneously alleged certain limitations upon the President’s powers under the Commissions of Inquiry Act, Chap. 19:03. I am advised that those allegations are not evident, either expressly or by implication, in the Act.

I am further advised that Mr Kwayana’s insinuations of unconstitutionality are also without merit.

Yours faithfully
Colonel Ronald Hercules, MSM
Administrator
Commission of Inquiry