CEO rescinds circular, was not held in contempt of court

• Feb 29, 2024
• news
• 2768

IN response to misinformation being spread by certain media outlets, Minister of Legal Affairs and Attorney General Anil Nandlall, used social media on Wednesday to set the record straight regarding a circular issued by the Chief Education Officer (CEO), Saddam Hussain.

In a live video posted to his Facebook page, the Attorney General revealed that as he appeared for Hussain before the judge on Wednesday, it is not the intention of the Government of Guyana or any of its officers to disrespect the court system or the administration of justice.

Hussain received a court summons regarding a circular sent by his office regarding the ongoing collection of attendance data for teachers who were absent from school without permission.

The Attorney General stated that the circular, which was issued, was a result of discussions he had with education officials regarding the case. It was during these discussions that it was reported that teachers were being misled by the union, with false information that deductions would never be made from their salaries and that the case was already resolved.

“To dispel that misinformation, I advised that the Ministry of Education continue to make a record of the absences of teachers and to inform or clarify that the order of the judge is temporary and that at the end of the day when all of this is finished, teachers’ salaries will be deducted for the period they did not work because that is the law, no work, no pay,” he said.

The Attorney General stated that he did not see the circular before it was sent out, and when he was informed about it, it had already been sent.

Given this context, Nandlall acknowledged during the live event that he recognised his statement could have been expressed more effectively and could be misinterpreted. Additionally, he mentioned that even the judge acknowledged during Wednesday’s hearing that it could be interpreted in multiple ways, some of which could negatively impact the administration of justice.

“Mr Hussain was invited by the judge to explain his position and he did so very eloquently and very clearly. I believe he was able to persuade the judge that whatever mistake was made was not intentional; he reiterated his and the ministry’s intention never to disobey any order of court and certainly it was not their intention to disobey the order of court in this instance,” Nandlall said.

Nandlall stated that Hussain agreed to revoke the circular, which the judge accepted since there was no intention to discredit the administration of justice. This ultimately concluded the hearing.

Nevertheless, he further stated that it is highly inaccurate for the journalists present in the courtroom to claim that Hussain was held in contempt of court.

“It’s completely wrong and misleading for reporters who were present in court to now say to the public that Mr Hussain was found guilty in contempt of court, there was no hearing the contempt proceedings were not tried on its merits, there was an engagement between the Judge, the attorney general and Mr Hussain and the judge I believe was satisfied that no contempt of court was committed and the matter died a natural death,” Nandlall emphasised.

Further to this, the Attorney General provided clarity on a second comment that was made during Wednesday’s proceedings.

According to Nandlall, the judge extended an invitation to the Guyana Teachers Union and the Government of Guyana, urging them to engage in dialogue and expressing a desire to see the parties communicate, as the continuous strike action does not serve the public interest.

He said, “I indicated to the court that the government would like to see the teachers in the school, the judge also said he wants to see the parties at a table talking, the judge wanted me to give a commitment that this will take place, I respectfully informed the judge that I act on behalf of a collective and I am only one member of that collective and I need to get the collective’s opinion and guidance before I commit them to any course of action.”

Furthermore, the judge extended an invitation for him to propose a mediator, but he expressed concern about the court unilaterally making decisions on behalf of a group, which would put him in a difficult position.

He pointed out that he asked the court for permission to engage in dialogue with the Government of Guyana as a whole, and subsequently present their findings to the court. Consequently, the court has set today as the date to receive this report.

Recently, Justice Sandil Kissoon, in response to a case filed by the GTU, issued conservatory orders to halt the government’s decision of withholding money from the salaries of striking teachers and discontinuing the deduction of their union dues until the main issue is resolved.

At that time, the Attorney General argued against these orders citing a variety of Commonwealth case laws and emphasised that doing so would be “absurd”.

https://guyanachronicle.com/2024/02/29/ceo-rescinds-circular-was-not-held-in-contempt-of-court/