THE Integrity Commission has withdrawn its statutory interpretation claim which sought clarity on its powers to develop its own organisational structure, set its own terms for hiring staff and alter short-term contracts as it saw fit.
A notice of discontinuance was filed on January 18, and served on the Attorney General. The commission’s claim was filed on December 28, 2023, during the tenure of former chairman Prof Rajendra Ramlogan.
Ramlogan's term was not renewed by President Christine Kangaloo. On Friday, Kangaloo appointed business and financial consultant Haydn Gittens as the new chairman of the Integrity Commission.
In its claim, the commissioner said there was an obvious need and public interest in resolving the question on its powers under the Integrity in Public Life Act since there were conflicting views between the Solicitor General and the Chief Personnel Officer which impact upon the functions and powers of the Integrity Commission.
“…The resolution of this matter by the court will allow for all relevant parties to have input in accordance with natural justice and will secure a binding determination.”
The interpretation claim also said the issues raised will go towards the ability of the commission to effectively investigate and unearth corruption in public office, and a determination by the court will provide guidance on the development of any future legislation which may be required to regulate and improve the commission’s function.
The matter had been assigned to Justice Marissa Robertson but no date had been set for a hearing.
In a release on January 2, the commission referred to the claim, emphasising that its mandate was to investigate alleged breaches of its provisions as well as possible offences under the Prevention of Corruption Act and ensure people in public life and people exercising public functions comply with the requirements of the IPLA.
The release said while the State was under a statutory obligation to provide the commission with adequate human resources to discharge its mandate, the act gave it the power to determine its organisational chart and the terms and conditions of contract employees.
“The importance of the commission being able to employ staff to enable it to discharge its mandate and to function with the independence which the IPLA dictates requires no explanation,” the release said.
Admitting it was “gravely concerned” about its budgetary allocations, the commission, in its release, said it had sought the opinion of the Solicitor General to better understand its mandate and the State’s obligation to provide adequate financial support.
“The Solicitor General has agreed with the commission’s understanding of its mandate and of the State’s obligation. That notwithstanding, and despite consistent pleas during the entirety of its tenure, budgetary allocations to the 17th commission have been the leanest in 15 years; too lean, if the trend continues, for the commission to effectively function.”
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