Justice Sandil Kissoon has recused himself from the Contempt Case brought by the Guyana Teachers’ Union (GTU) and the Guyana Trades Union Congress (GTUC) against a number of government officials, including two Ministers of Government, amid objections from the Attorney General, Anil Nandlall.  

The GTU and GTUC want the Attorney General, Anil Nandlall, the Minister of Finance, Dr Ashni Singh and a number of government and regional officials to be prosecuted for failing to deduct union dues from the salaries of teachers, and have those dues remitted to the Union in keeping with a decision of the High Court.

However, when the case was called in the High Court on Wednesday, Justice Kissoon announced that he would be recusing himself from the matter, and has referred it to the acting Chief Justice Navindra Singh.

Justice Kissoon’s decision came following fierce objections from the Government through the Attorney-General, who is among respondents in the case.

In a letter addressed to the Court’s Registrar, the Attorney General expressed concern that Justice Kissoon was seized with both the Notice of Application seeking certain contempt orders, as well as the Notice of Application to strike out that application.

Minister Nandlall, in the letter, told the Registrar that Justice Kissoon should consider where it would be appropriate for him to recuse himself.

He said the High Court Judge should consider “where it is not appropriate for him to recuse himself from hearing both of these applications.”

He added that his request is grounded in the rules of natural justice.

“Since its is His Honour’s Order that is the subject of the contempt proceedings, it is my considered view that the fair-minded and informed observer, having examined the facts, would conclude that His Honour would subconsciously strive to conclude that the subject order is being violated, which would undermine the very foundation of natural justice,” he said.

Now that the case is with the acting Chief Justice, the Acting CJ will decide whether to preside over the matter, hand it back to Justice Kissoon or hand it over to another Judge.

Over a year ago, Justice Kissoon ordered the Government to refrain from withholding the salaries of teachers who were on strike in February 2024.

The Government was also ordered to refrain from discontinuing the process of deducting union dues from the wages and salaries of teachers, and have those remitted to the Teachers’ Union.

In the Court document seen by News Source, the Unions said despite being served, the parties involved have failed to adhere to the Court’s orders.

They said the Regional Executive Officers of Regions 2, 4, 5, and 6, despite being served, have failed to process and facilitate the lawful deduction of union dues, issue and remit cheques to the Guyana Teachers’ Union or otherwise take steps as Accounting Officers to comply with the court’s orders.

The GTU and the GTUC said the conduct of the REOs, the Attorney General, the Minister of Finance and the Permanent Secretary of the Ministry of Education “amounts to a flagrant and deliberate defiance of the judicial authority of the court, a reckless disregard for the rule of law, and a continuing contempt calculated to frustrate and nullify the constitutional rights of the GTU and its members.

They said such disobedience strikes at the very heart of the administration of justice and warrants the strongest sanction of the Court.

Related posts:

GTU and GTUC file contempt proceedings against Govt. officials over failure to remit union dues as ordered by Court GTU complains Education Ministry still refusing to deduct union dues from salaries of teachers Nandlall plans further appeal of GTU fees deduction case High Court rules against Government’s plan to cut teachers’ salaries over strike action; Declares decision to stop deduction of union dues unlawful