In what has been described as a valiant move, local commentators are giving kudos to the High Court for standing up for Guyana’s Constitution and the rule of law, despite the glaring disrespect and barefacedness of the PPP Government.
On Wednesday, High Court Judge Sandil Kissoon had reason to summon Chief Education Officer, Saddam Hussein before him for an explanation on why a conservatory order handed down last Thursday was disregarded.
The judge had ruled that the Ministry of Education should not deduct the salaries of striking teachers since the substantive matter on that challenge brought by the Guyana Teachers Union (GTU) had not yet been heard.
On Tuesday Hussein released a memorandum instructing Regional Education Officers to continue to record the names of teachers on strike so that their salaries would be deducted.
In court Wednesday, Justice Kissoon waded into Hussein, who was supported by Attorney General and Minister of Legal Affairs, Anil Nandlall, for blatantly violating the conservatory orders, noting that his action interfered with the administration of justice, bringing it into disrepute.
The Judge also proposed a mediation process between the GTU and education ministry through senior counsels aimed at bringing the ongoing dispute to an end.
Political Scientist, Dr. David Hinds on his online programme Politics 101 with Dr David Hinds, Wednesday, said it was heartening to see an officer of the court standing up for the constitution and the rule of law.
“For the first time in a long time we see our court playing its role of judicial review of the actions of a co-equal branch of government. I think we all should be proud of what happened today. We don’t know where this will go…but as Desmond Hoyte said ‘slow fire, more fire’ and the more we continue to push, the more we will put pressure on the system to respond justly and fairly.”
Hinds said the ruling by Justice Kissoon has projected the court as an equal branch of government. He explained that the executive, legislative, and judicial branches of government are equal, however, the judiciary takes on a heavier role as mediator whenever there are issues between the legislature and the executive.
“The judicial branch steps in whenever there is a conflict among institutions in the country, the judicial
branch steps in whenever there is a conflict between the people and their government, and then the judicial branch is doing so under a convention that is called judicial review and that is the power of the court, the power of the judicial branch to review the actions of the other two branches and not often have we seen in our Guyana the court standing up in a real way and discharging this function of judicial review.”
The Working Peoples Alliance (WPA) executive member said the court remains an important pillar of Guyana as the country moves towards a democracy.
General Secretary of the Guyana Trades Union Congress, Lincoln Lewis said Justice Kissoon has demonstrated his ‘testicular fortitude’ in his decision to protect those who are being exploited.
And while the judge might endure some “cussing” by those aligned to the government, the court’s decision stands.
He said the GTU is largest union and largest bargaining unit in Guyana as it operates in every region and community in the country.
According to the Lewis, it was the government who created the conditions for the teachers’ industrial action.
“When the union called the strike after three plus years, they called the strike for collective bargaining. What the government did, they constructively created the atmosphere for workers to strike.”
Political commentator Rickford Burke said the integrity of the judiciary was protected by the court on Wednesday.
He also applauded Justice Kissoon’s proposal for mediatory talks between the parties.
“I believe the judge ordered them to go to mediation under the laws of Guyana. Whenever there’s an industrial conflict, the Ministry of Labour, through the Chief Labour Officer, is required to trigger or invoke conciliation laws.”
He said the government has failed miserably in this regard as it has refused to follow the law. He raised valid concerns about the position of the Chief Labour Officer, who takes direction from the labour minister who is not impartial because of his connection to the government.
“I think coming out of this, we as a society must call for the removal of this authority from the Ministry of Labour to an independent body maybe industrial relations or whatever you call it cannot be that the government has responsibility for these matters anymore because they’re right now are in open defiance of the law and the citizens have lost trust in the government to carry out the functions of the law.”
Community activist Apostle Nigel London said the step taken by the court on Wednesday has given teachers an impetus to continue to stand knowing that the legal system is supporting their position.
“I really like that I look forward for what tomorrow holds. I look forward to seeing what they responsible teachers would be like, or the energy would be like since I know today they have been reminded of the strength that they possess.”
Apostle London has been on the ground daily in Linden, Region 10, providing support to the hundreds of teachers who have placed their “slippers on the ground” against the government.
Another political activist, Mark Benschop said the judge made the right decision to discipline the CEO for disrespecting the court. He opined that a more stringent message could have been sent had the judge handed down a sentence of at least one month since “these folks in office today they believe that they are above the law. They believe that they can do anything at anytime, it doesn’t matter, and it has got to stop.”
The countrywide teachers strike is coming to the end of its fourth week. Classrooms remain empty as teachers and their union representatives remain resolute that they would only return to school after the government comes to the table in collective bargaining and they are offered wages and salaries that would improve their quality of life. (Politics 101)
