Appeal against ruling on Sooba’s appointment thrown out

Justice Yonette Cummings-Edwards has struck out an appeal filed on behalf of Carol Sooba with respect to a ruling by Chief Justice (ag) Ian Chang that she was unlawfully appointed to the substantive post of Town Clerk by then local government minister Ganga Persaud.

Justice of Appeal Cummings-Edwards refused the application on June 27.

Justice Cummings-Edwards’s order noted that by way of Summons dated April 24, filed on behalf of Sooba, application were made for the April 10 order and/or the effect of the order by Justice Chang be stayed until the hearing and determination of the Notice of Appeal.

Justice Cummings-Edwards made her decision after reading the affidavit in support of summons; the affidavit in answer which was sworn to and filed on April 14 and the affidavit in reply which was sworn to and filed on May 21.

The judge also heard arguments by the attorneys for the various parties.

City Council Public Relations Officer Royston King was the first named respondent/applicant while the Attorney General was listed as the respondent/applicant.

Sooba’s appointment as Town Clerk was quashed by Justice Chang, who found that her appointment was “legally defective” since Persaud did not have the lawful authority to appoint anyone.

Justice Chang said in his ruling the Persaud’s decision to appoint Sooba as the Town Clerk was “ultra vires” since that responsibility was vested in the Local Government Service Commission, although it has never been set up.

“…It is the finding of the court that the minister acted ultra vires the provisions of the Municipal and District Councils Act, Chapter 28:01, and his decision to appoint Carol Sooba as Town Clerk must be quashed,” he had said.

However, he added that his decision did not prevent Sooba from continuing to perform as the “de facto” Town Clerk. It needed a direct challenge by quo warrant to the authority of Sooba to bring her de facto to an end, Justice Chang said.

King’ had moved to the court after Sooba was appointed despite widespread disapproval and also because an interview panel had voted her as the least qualified person for the job. He had charged that the decision was an abuse of power because Persaud had failed to apply the criteria he had originally established when advertising for a Town Clerk.

More in Local News

Renee McDonald

Chair of Bid Protest Committee resigns

Chairperson of the recently-established Bid Protest Committee (BPC) Renee McDonald has resigned even as the body’s first case—Cevons Waste Management’s protest against the Ministry of Communities over the award of a $221M Haags Bosch landfill maintenance contract—awaits a decision.

default placeholder

Main suspect in Black Bush triple murder held, owns shotgun

The main suspect in the Black Bush triple murder has been held and he is the owner of the same type of weapon that inflicted the deadly wounds.

Shane Mc Almont

Two charged with killing missing miner

Just two days after severed body parts suspected to belong to Mahdia miner Shawn Clarke were discovered, two men were charged in a city court with his murder.

default placeholder

Ferry collides with Supenaam stelling

The ferry,  Sabanto  suffered extensive damage after it collided with the Supenaam Stelling last evening and will be out of service until further notice.

The car, PSS 1236 after it stuck the three victims.

Three hospitalised after driver hits visiting St Lucian scouts

A visiting St. Lucian Cub Scout has been critically injured, while another and his mother escaped with minor injuries after they were struck by a car yesterday afternoon near the Scout Association of Guyana headquarters at Woolford Avenue.

Nafeeza Mohammed

Bush Lot woman accused of trafficking teen for prostitution

A Bush Lot woman was yesterday charged with trafficking a teenaged girl for prostitution. It was alleged that    shop owner Nafeeza Mohammed, of Lot 17 Bush Lot, Essequibo Coast, between April 26 and May 31, in Region One, received, transported and harboured the teen for the purpose of sexual exploitation.

Comments

About these comments

The comments section is intended to provide a forum for reasoned and reasonable debate on the newspaper's content and is an extension of the newspaper and what it has become well known for over its history: accuracy, balance and fairness. We reserve the right to edit or delete comments which contain attacks on other users, slander, coarse language and profanity, and gratuitous and incendiary references to race and ethnicity.

Stay updated! Follow Stabroek News on Facebook or Twitter.

Get the day's headlines from SN in your inbox every morning: