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Home Columns Mark’s Take

Anil Nandlall: A legal dunce

Admin by Admin
April 28, 2024
in Mark’s Take
Dr. Mark Devonish

Dr. Mark Devonish

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Without a doubt, in a box of low-wattage bulbs, Anil Nandlall wouldn’t be counted among the brightest. And the evidence underpinning this proposition, is the innumerable cases lost, along with the nature of the losses, as the installed Attorney General. However, this most recent loss, and his subsequent pronouncements, have certainly put his professional expertise into question.

That said, the basis for the most recent legal dispute, presided over by Justice Sandil Kissoon, is one of whether the teachers strike was legal. For the installed government was emphatic in their argument, it’s illegal, since the Teachers’ Union hadn’t explored meaningful engagement, before triggering the nuclear option of a national strike. On the other hand, the teachers beg to differ, having written to all and sundry for 4yrs, but hadn’t received not even an acknowledge receipt.

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Further, and also central to this legal dispute, was the contention, on whether the multi-year salary proposal was discussed. For the installed government argued, the multi-year salary proposal was explored in its entirety. However, the Teachers’ Union counterargued, such a discussion was never realised. Therefore, facing competing narratives, the Solomonic Justice Kissoon, requested evidence of this discussion, from the State’s key witness, Saddam Hussain. But Saddam Hussain, as self-serving as Judas, couldn’t provide an iota of evidence, to affirm the State’s assertion.

And it was this Saddam Hussain’s disastrous testimony, self-serving as it were, which affirmed Anil Nandlall’s professional status, as a catastrophic dunce. The fact is, Anil Nandlall, as the defence attorney, should’ve prepared Saddam Hussain, his key witness, on the potential pitfalls in providing this testimony.

Moreover, Anil Nandlall, albeit a dunce, must have been cognisant, the multi-year salary proposal discussion never occurred. As a result, he shouldn’t have positioned, an incompetent and ill-prepared Saddam Hussain on the witness stand, to defend the indefensible. For it was almost as if the legal dunce, Anil Nandlall, hadn’t expected the Teachers’ Union and GTUC lawyers, Darren Wade and Roysdale Forde, to have cross-examined the brainless Chief Education Officer, on the multi-year salary proposal.

However, this case certainly lay bare the tragic brainlessness in PPP, and the installed government as a whole. For this was evident with the Installed President, Irfaan Ali, who hosted a cross-section of politically malleable teachers, at State House. Such that, when the substantive matter of collective bargaining was interrogated, Nandlall, equally brainless as the university dropout, argued the State House pantomime evidenced collective bargaining. But how could this be collective bargaining, with the conspicuous absence of the Teachers’ Union?  In fact, such a mischaracterisation of collective bargaining, has further reaffirmed Nandlall status as an irretrievable legal dunce.

Therefore, considering the installed government’s bumbling performance, it was hardly surprising, Justice Kissoon’s ruling. In which, he adjudicated the strike justifiably legal and legitimately right, since all other options, aimed at resolving the dispute were explored in futility, by the Union. Moreover, Justice Kissoon illuminated the arrogance of the installed government, denying the teachers a hearing, arbitration or otherwise, yet threatening to deduct salaries when they exercised their right to strike. And its from this position Justice Kissoon proffered, the teachers confronted by an uncaring installed government, not inclined on meaningful engagement, were left with only one viable option, i.e. the right to strike.

Mark’s Take

Having said that, the Teachers’ Union must be commended in their efforts, leaving no stone unturned, in their valiant attempts at meaningful engagement. To that end, they wrote to the installed President, Irfaan Ali, among other PPP anencephalics, desperate to bring closure to this matter. But despite their voluminous letters, none saw it as a matter of national importance, to respond to the undervalued teachers.

Now, having disregarded the teachers for 4yrs, it’s most pretentious of Nandlall, and in extension PPP to pontificate, this ruling will empower Unions to call strikes with impunity. Therefore, with this Nandlall pontification, the question has to be asked, where was PPP for these past 4yrs, when the Teachers were desperately trying to have meaningful engagement? The fact is, they were blatantly disregarding the teachers, high-handedly treating them as second-class citizens.

So, even as the installed government has given notice of appeal, Justice Kissoon pellucid in his ruling, argued the teachers’ strike was rendered legal, since the installed government refused to have meaningful engagement with the Union. As a matter of fact, it was this refusal to engage, despite innumerable attempts by the Teachers’ Union, which reaffirmed the teacher’s right to strike. And it’s for this reason, with this strike rendered a legitimate right, that this installed government, shouldn’t have threatened salary deductions or disciplinary proceedings. In fact, this is as simple as it gets, yet the legal dunce, with eyes fixated on the CCJ, fails to grasp it.

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