Govt suffered another court defeat
Dear Editor, The Government has lost another case. Reference is being made to the case where the court, last week, ruled that sugar workers must be paid their severance package. Apart from the evident embarrassment of government losing, cementing its place of infamy as the administration that has lost the most cases in a three-year period, the additional mathematical cost could have been avoided.
Presiding Judge Fidela Corbin-Lincoln ordered the laid off sugar workers be paid in full and with interest no later than January 15th, 2019.
It matters not now that the National Assembly, last week, unanimously passed a Bill to pay the severance. Politically what matters is that the coalition has lost a matter in court and PPP/C will make political mileage about it. It is a matter that should have never gone to the court and somebody or many in the coalition is or are not thinking strategically, politically, legally and otherwise. In simple political terms, this is a victory for the PPP/C and a defeat for the APNU+AFC. In workers’ term it is a victory for respecting the rights of the working class which is very, very good.
How the APNU+AFC, in the first instance, is allowing cases to go before the court that the partnership knows the coalition will lose defies logic. The AFC side of the coalition has responsibility for agriculture, which sugar comes under. Why Minister of Agriculture Noel Holder; the Chairman and Leader of the AFC, and Prime Minister, the latter three of whom are attorneys-at-law allowed for the severance issue to go to court defies logic.
Minister of Public Security Khemraj Ramjattan was the attorney-at-law who represented the sugar workers during the PPP/C government when that government was taken to court for non-payment of the workers’ severance pay. Initially, a cocky PPP/C did not care about the political damage that it incurred but subsequently recognised that it could not defend a case that was non-winnable and found an excuse to pay the workers. Though the political damage was done it saved itself the legal embarrassment. Based on this history the coalition could have avoided both idiocies and come out winners. Why did Minister Ramjattan allow the government-of which he is a top-tiered leader and a party which he is the second highest leader- to be embarrassed in this manner defies logic.
If the Attorney General and Minister of Legal Affairs Basil Williams SC advised the government it was worthy taking the matter to court because it can win is not known to me. However, it defies logic where it is spelt out in black and white why the coalition thought it could have won this case on any argument other than what the law expressly stipulates. An employer is bound by the law if it terminates a worker to pay the deserving benefits.
Evidently, there is no brainstorming among the attorneys and other members, irrespective of the party, to save the coalition these continuous embarrassments or there is none among them strong enough to say it is embarrassing, let’s stop and do it right. If there is an egotistical war going on between Attorneys-at-law Basil Williams and Anil Nandlall, where the latter continues to score scalps it is time the former asks whether these bruises will enhance his image and resume, including that of the coalition government.
It should be noted too in the cases the government is losing all the justices in their present positions have been appointed by the APNU+AFC government. This nullifies any argument of opposition political biases. There is inclination to believe that these justices also wished these embarrassing cases were not brought before them and must wonder what the dickens is happening with the legal advice the coalition is getting.
Cabinet meets weekly. Prime Minister Moses Magamoottoo, who is acting President, would have the privilege to chair this week’s session. It could only be hoped the continuous losses of cases would be deemed necessary as an agenda item for frank and open discussions, inclusive of corrective action. It is a shame and the shame keeps getting worse. Yours faithfully, Minette Bacchus