Sarah: ExCo will continue to
follow legal advice received
~ Hits at Minister Duncan’s approach ~
PHILIPSBURG--The Executive Council will continue to be guided by the legal and expert advice it has received with respect to the overall functioning of government-owned companies, including the appointment of members of the boards of government-owned companies, Constitutional Affairs Commissioner Sarah Wescot-Williams said Wednesday.
She was reacting to statements made by Constitutional and Home Affairs Minister Roland Duncan that the appointment of Rafael Boasman to the TelEm supervisory board of directors was illegal and that appointments should be made by the Island Council, not the Executive Council.
The Commissioner also referred to earlier statements by Duncan about a court ruling which he said had found that the Island Council was the body responsible for making the relevant appointments.
“In a first reaction from Duncan I read from media reports the Minister stated he has a court verdict whereby it was established that members of (boards of) government-owned companies were appointed by the Island Council,” Wescot-Williams told Wednesday’s Executive Council press briefing.
She said she believed it was a “straightforward matter” and if the Minister had a court verdict he should give it to the Executive Council and point out that it had been handling matters in contravention of what would have become jurisprudence.
“During the course of the last years major amendments and changes have been made in the articles of incorporation of most of the government-owned companies. Several changes have also taken place in the Civil Code that also governs the matter of corporate governance,” Wescot-Williams explained.
She continued: “All legal advice we received with respect to these changes and the appointment of board members is that the Executive Council is responsible for the appointment of members of the boards of government companies.”
