Attorney and accountant Christopher Ram has threatened legal action against five government functionaries who are currently participating in the national recount as party agents for the incumbent APNU+AFC Coalition for potentially receiving payment while not performing public service functions.
Ram, in a letter to AFC Executive and de facto Minister of Public Infrastructure David Patterson, de facto Minister with responsibility for Housing Annette Ferguson, de facto Minister with responsibility for Youth Simona Broomes, Director of Sport Christopher Jones and Ryan Belgrave, an employee of the Department of Culture, Youth and Sport, warned that it would be illegal for them to be paid as public servants while they perform political functions.
In the letter, which was released to the press, he cited the provisions of Article 220 (3) of Guyana’s constitution, which stipulate that if Parliament has been dissolved before any provision or any sufficient provision is made under Appropriation Act, the Minister responsible for finance may authorize the withdrawal of such sums from the Consolidated Fund as he may consider necessary for the purpose of meeting expenditure on the public services.
Ram maintains that the provision is specific to “public services,” which the constitution defines as service of the government of Guyana in a civil capacity excluding the office of minister and member of the National Assembly.
“I am satisfied that that function does not constitute public services as contemplated and defined in the Constitution,” Ram said of the duties of counting agents.
During the recount, the agents work from 8 am to 7 pm.
Ram later stressed to Stabroek News that the constitutional provision is intended to protect taxpayer in cases such as this when persons who are not performing government services seek to be paid from the public purse.
In his letter, he goes on to stress that as a consequence any payment to the individual and any receipt of sums by them would be a violation of the Constitution as well as the Fiscal Management and Accountability Act.
“The purpose of this letter is to notify you that at the appropriate time I will be bringing legal action against you for the return of all public moneys improperly received and for other sanctions as the court thinks fit, as well as against persons making the payments,” he concluded.
Stabroek News made numerous attempts over the course of yesterday to reach the individuals named but up to press time calls to all, save for Broomes who hung up, went unanswered.
The letter was copied to the Auditor General.
