Dear Editor,
Recently published discussions in the press (eg, SN, May 24) regarding the perceived lack of professional etiquette towards a senior female public officer, namely Ms Karen Livan, Commissioner, Guyana Geology and Mines Commission, advert to more than just unbecoming display of management ethics – one which should not be emulated by any other manager or supervisor, and certainly which should not be allowed to be repeated by the initiator in question.
The interaction was in fact a fundamental transgression of the relevant provisions of the GGMC Act, extracts of which follow below. But let this be said right away: the statutory organisational relationships require that the Chairman and the Commission take active responsibility for the management of the GGMC. Neither the individual nor the group can legitimately escape their explicit accountability to the subject Minister, and they should collectively make this clear not only to the latter, but indeed to all stakeholders.
More importantly, it must be made abundantly clear that the Commissioner is required to report to the Board. The latter therefore cannot allow the possible (mis)interpretation that it may be ‘passing the buck’ – not only to its chief executive officer, but equally critical to its senior managers, and further. It must therefore be concerned as to how deep the consequential de-motivation can descend throughout the organisation.
Our respect for the incumbent Chairman demands insistence that the office be respected, not only as statutorily provided for, but also that he is allowed to maintain his acknowledged persona of independence and certainly discipline, the latter of which attributes is so much needed in order to promote and sustain an environment of stability, trust, confidence, not to mention productivity, amongst decision-makers, executives, operatives and the critical clientele of miners.
Here now reads the lesson from the GGMC Act Cap, which institutionalises the Commission as a body corporate.
Function of the Commission
Section 4(1) of the Act states as follows:
“ a) to promote interest in mining and mineral exploration, the development of the mineral potential of Guyana, and the production, supply and sale of minerals and mineral products;
b) to participate in and advise on the economical exploitation, beneficiation, utilisation and marketing of the mineral resources of Guyana.”
Section 4(3) of the Act authorises the Commission’s responsibility for:
“ a) the enforcement of the conditions of mining and dredging leases, concessions, or exclusive permissions, or any licence, permit, or mineral agreement granted, or entered into, or deemed to be granted or entered into, under the Mining Act;
b) the collection and recovery of all rents, fees, royalties, penalties, levies, tolls and charges payable under the Mining Act and any other revenues of the Commission;
c) Hall marking.”
Reporting Relationships
So far as the Commissioner’s reporting relationship is concerned Section 5(2) states:
“The Commissioner shall be the chief executive officer of the Commission and, subject to any general or special directions of the Commission, shall be responsible for the execution of the policy of the Commission and answerable therefor to the Commission.”
It is the Commission which in turn reports to the Minister, as set out following:
“31.
1) The Minister may give to the Commission directions of a general character as to the policy to be followed by the Commission in the performance of its functions and the Commission shall give effect to those directions.
“2) In carrying out such measures of reorganisation or such works of development as involve a substantial outlay on capital account, the Commission shall act in accordance with a general programme approved, from time to time, by the Minister.
“3) In the exercise of its functions in relation to training, education and research, the Commission shall act in accordance with a general programme approved by the Minister.
“4) The Commission shall afford to the Minister information requested by him with respect to the business of the Commission and shall furnish him with annual estimates, and such returns as he may require.
“5) The Commission shall provide the Minister with such facilities as will enable the verification of information furnished in pursuance of this section.
“6) The power of the Minister to give directions to the Commission under this section shall extend to giving to the Commission directions as to –
a) the disposal of capital assets;
b) the application of the proceeds of such disposals.”
Incidentally Section 26 of the Act provides for the Commission to: “. . . at any time retain the services of professional persons and pay such remuneration . . . as the Commission may determine.”
It is hoped that the relevant authorities will pay sufficient heed in order to ensure that compliance with the above and other provisions of the Act are consistently honoured.
One component of the foundation on which organisations are built must be morality. Over and above the statutory provisions which inform its behaviour, it is the moral authority displayed by their managers and leaders which dictates how honourably related stakeholders and client organisations would respond.
Yours faithfully,
E B John
