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Wednesday, July 27, 2011

FOOD FOR THOUGHT: Grynberg vs Commissioner Regis



"Why is Richard making a big fuss about the violation of the Minerals Act and he is “dumb” on the removal of Commissioner Regis from his post?"

Richard’s interpretation, application and pronouncements of/on matters of law can be as confusing as they are illogical.

Recently, he dubbed the Grynberg agreement with the Government of St. Lucia as a violation of the Minerals Vesting Act.

Section 4(1) of the said act reads as follows:
4.    Prohibition of prospecting and mining except by licence
(1)  A person shall not prospect for or mine any minerals except by authority of a licence granted by the Governor General and in accordance with the terms and conditions specified in the licence.


Compare section 4(1) of the Minerals (Vesting) Act with Section 87(1&2) and Section 94 (1) of the St. Lucia Constitution. These are the laws that guide the appointment and/or removal of Heads of Departments within the Public Service.

They read as follows:

87.  Appointment, etc., of Permanent Secretaries and certain other officers:

(1)  This section applies to the offices of Secretary to the Cabinet, permanent secretary, head of a department of government, deputy head of a department of government, any office designated by the Public Service Commission as an office of a chief professional adviser to a department of government and any office designated by the Commission, after consultation with the Prime Minister, as an office the holders of which are required to reside outside Saint Lucia for the proper discharge of their functions or as an office in Saint Lucia whose functions relate to external affairs.

(2)  The power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of section 96, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor General, acting in accordance with the advice of the Public Service Commission.

94.  Police Force
(1)  The power to appoint a person to hold or act in the office of Commissioner of Police and, subject to the provisions of section 96, the power to remove the Commissioner from office shall vest in the Governor General, acting in accordance with the advice of the Public Service Commission.


If Kenny is guilty of a violation of the Minerals Act, then King is also and equally guilty of the violation of the constitution because the law says both scenarios require the approval of the GG.

Hence, why is Richard making that big fuss about the violation of the Minerals Act and he is “dumb” on the removal of Commissioner Regis from his post?

Whatever the outcome for those scenarios are, it is reasonable to assume that “Kenny’s errors” are apparently the standards of King and his government.

Meanwhile, look out for our next big feature titled “The Folly of Richard’s Royalty’s story

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