ECU challenges appointment of credit union regulator

One of the country’s largest credit unions is complaining about the legal standing of the acting Commissioner for Co-operative Development.

The Eastern Credit Union (ECU) made the complaint in an application to the Court of Appeal for permission to refer to and rely on an affidavit filed by the acting commissioner, Deborah-Ann Scott, in a lawsuit it has filed against her.

The ECU has asked the court to hear its application on Scott’s legal status as a matter of urgency, since it affects two separate legal matters involving the credit union in the High Court.

In submissions on Tuesday, the lead attorney for the ECU, Anand Ramlogan, SC, said his client was in a precarious position, alleging there was now a “run on the credit union.”

Three of its former directors have sued the ECU and it has also challenged the acting commissioner’s decision to deem its annual general meeting, on April 22, in breach of the co-operative societies regulations under the Co-operative Societies Act.

The Co-operative Development Division is a unit of the Ministry of Youth Development and National Service.

Ramlogan said Scott was asked to provide her letters of appointment from the Public Service Commission, and it was only on Friday, he said, the attorneys received the “staggering and startling revelation” that she was not appointed by the PSC, but on the recommendation of the ministry’s permanent secretary.

Ramlogan accused Scott of "misrepresenting herself” as commissioner and argued that all her decisions could be null, void and invalid.

“A minister cannot instruct a permanent secretary to appoint someone to that office. You cannot describe yourself as one or exercise the powers of a commissioner.”

He said the alleged appointment had legal ramifications for the matters in the High Court.

However, the lead attorney for the acting commissioner, Michael Quamina, SC, urged the court to adopt a measured approach to the allegation, which he said was not accurate.

“I don’t want to use the word ‘wild,’ but…” said Quamina, who asked for time to respond to Ramlogan’s accusations.

He took issue with Ramlogan’s “unfortunate” claims about his client, especially since she has not yet had an opportunity to respond to the application.

“He is saying she is misrepresenting herself, but her position is she was instructed by the PS.”

Quamina said at the end of the day, the ECU’s position on Scott’s legal status “may be correct,” but maintained she was acting in the position on the basis of what the ministry’s permanent secretary had told her.

Moosai and Lucky agreed with Quamina’s request for time to respond and adjourned the matter to November 23.

In its application, the ECU said its appeal, in which it is also asking for permission to amend its lawsuit against the commissioner to include the challenge to her legal status, was based on her decision to declare its AGM invalid and in breach of the regulations.

It said two days after the AGM, Scott told the ECU since its audited statements were not presented to the membership ahead of the meeting, all decisions taken were null and void. She then instructed the ECU to convene a “valid AGM” in three months or face the consequences of the act, which provides that any member of a society who wilfully contravenes its bye-laws is guilty of an offence.

The application said the permanent secretary had no power to appoint anyone to the statutory office of the commissioner.

Also representing the ECU are attorneys Lemuel Murphy, Lloyd Robinson and Vishaal Siewsaran. Vanessa Gopaul appears with Quamina for the commissioner.