By Kurt Campbell
[www.inewsguyana.com] – Attorney General Anil Nandlall has written City Mayor Hamilton Green against the move by him [the Mayor] and several Councilors to prevent Acting Town Clerk Carol Sooba from carrying out her duties.
Speaking to iNews (www.inewsguyana.com),Nandlall said if the action which the Mayor wrote himself [Nandlall] and the Local Government Minister indicating he will take is followed through with, then he will be forced to file a contempt of Court proceeding against the Mayor and those who aided and abetted him.
This follows a recent ruling by Chief Justice (ag) Ian Chang which in essence squashed the appointment of Sooba by the Local Government Minister. The CJ in his ruling noted however that Sooba will remain the de facto Town Clerk.
Nandlall told iNews (www.inewsguyana.com) that this obligation has no exception, stating that the Mayor cannot disobey same even if he feels it is wrong. The Minister further explained that if the Mayor believes the ruling has an error then he has to correct that error via court proceeding.
“In my letter I drew to the Mayor’s attention the expressed language used by the Chief Justice that Sooba continue to act de facto… and he has every obligation to honor that ruling. He nor any Councilor cannot remove her from acting in the position,”Nandlall told iNews (www.inewsguyana.com).
He reminded that the CJ’s ruling found that the Minister no longer has the power to make the appointment to the office of Town Clerk since a section of Municipal and Districts Council Act creates a Local Government Service Commission which is tasked with that responsibility.
The AG contended however that the section of the Act was never brought into force.
“The Chief Justice was unable in his ruling to point to any notice published in the official gazette which is the way for a law to be brought into force”.
Nandlall further explained that it was his respectful view that the CJ’s ruling was unsupported by any evidence.
He said it is in this regard that an appeal will be filed on Wednesday, April 16.
Carol Sooba was appointed Town Clerk by Former Local Government Minister Ganga Persaud on December 4, 2013 despite several objections about her lack of qualifications for the post.
Following her appointment, Public Relations Officer of the Mayor and City Council, Royston King moved to the High Court, challenging her appointment. King had also applied for the Town Clerk position.