Wade withdraws ‘ridiculous’ Application, Edu. Ministry to produce minutes of meetings with GTU

Attorney Darren Wade was spared the embarrassment of having his interim Application struck out and withdrew it on Tuesday after the High Court found that requested reliefs were outside its jurisdiction to grant.

In the Application, Wade sought, among several reliefs, a Court Order that would force the Ministry of Education into collective bargaining for 2019 – 2023 with the Guyana Teachers’ Union (GTU). He also wanted Chief Education Officer Sadam Hussain and Permanent Secretary Shannielle Hoosein-Outar to be held in contempt of court.

“So I have jurisdiction to do that?” Justice Sandil Kissoon asked of Wade as he highlighted his inability to grant the reliefs sought.

The application came days after talks between the GTU and the Ministry of Education collapsed. Those talks restarted a week earlier following a court-ordered mediation process to end five weeks of strike action and street protests.

None of the Orders were granted, except one, and Wade was allowed to withdraw the Application which Attorney General Anil Nandlall, SC, said was “incurably bad” and “ridiculous.”

Hearing in the substantive case brought by the GTU against the Education Ministry will be heard on Wednesday, where witnesses will be cross-examined.

And so, in keeping with one of the reliefs sought by Wade and the GTU, the Education Ministry was ordered to provide before mid-night, but no later than 24 hours, all documentary evidence supporting agendas and minutes of meetings between the GTU and MoE from 2020 to February 05, 2024 when some teachers commenced their strike and daily protests that lasted for five weeks until a court-ordered mediation process.

Wade’s request for the two education officials to be held in contempt of court was refused because it was badly worded in the application and the mediation agreement was never entered by Wade or Counsel for the State as a consent order of the court. It was done by Wade at the end of Tuesday’s hearing.

“Please treat the issues with the gravity and seriousness it requires,” Wade was told by Justice Kissoon.

“The Court will not make Orders for frivolous matters. It dilutes what you are asking for when it goes against the core of the issue,” Justice Kissoon added as the parties examined Wade’s Application for which the AG filed an Application for it to be struck out.

After Wade was censured for his poor interim application and it was withdrawn, a lengthy discussion occurred on the probability of cross-examination on Wednesday and the failure of the Ministry of Education to provide the documentation for minutes and agenda, a request that the court heard was made already but ignored.

Nandlall said he was never informed of cross-examination at Wednesday’s hearing with Wade and Attorney Roysdale Forde, SC, also insisting that if the documents were not provided promptly, it would hinder their ability to properly cross-examine.

Nandlall attempted to object to Forde being allowed to cross-examine witnesses since he was added as a party representing the Guyana Trades Union Congress (GTUC); that will be fully discussed on Wednesday.

Nandlall also objected to the request for the MoE minutes, arguing that the GTU should have minutes of its own.

Justice Kissoon, after failing to get the parties to agree on the importance of the MoE minutes being provided, made the order and said he believes it would help the Court resolve the factual disputes

“It merits consideration and I will allow it,” Justice Kissoon said.

“These are not ad hoc meetings for which records are not kept,” he added.

Despite these, Nandlall maintains that the issues in the substantive matter are legal and minutes will not change the outcome of the decision. He has committed to ensuring all efforts are made to have the documents provided within the timeframe.

Advertisement

_____