Sam Maharaj can’t read nor write

LABOUR Minister Lawrence Achong stated in an affidavit that trade unionist Sam Maharaj cannot read, write nor speak properly and therefore is not suited to be a member of the Industrial Court. But Maharaj hit back immediately saying he can read, write and speak properly. He said during his tenure at the Industrial Court, he personally authored and gave written judgments in 13 trade disputes. Achong swore to an affidavit in response to a judicial review application brought by Maharaj against Prime Minister Patrick Manning over the decision of Cabinet not to re-appoint him a member of the Industrial Court. Maharaj’s term expired on February 16.

The matter was called before Justice David Myers in the Port-of-Spain Fourth Civil Court, but was adjourned to today where arguments will begin. Ramesh Lawrence Maharaj SC, Rikki Harnanan and Darrell Allahar appeared for Sam Maharaj. Martin Daly SC and Elton Prescott represented the Prime Minister. Achong, who was a member of the Industrial Court for five years, said he was present at a meeting of Cabinet when the matter of Maharaj’s  re-appointment as a member of the court was minuted. “I spoke against the said recommendation because based on my observations while I was a member of the court, I held the view that the applicant could neither read, write nor speak properly. No one else spoke on the issue and the applicant was not re-appointed,” the Minister stated in his affidavit.

Achong said the view he expressed in Cabinet was one which he stated in the House of Representatives in his contribution to a debate on September 19, 2001. He said the decision not to re-appoint Maharaj was not made with any improper political motives. But Maharaj filed an affidavit yesterday saying Achong’s claim was untrue. Maharaj said when he was a representative of the All Trinidad Sugar and General Workers Trade Union, he never appeared before Achong who was then a member of the Industrial Court. He said Achong, as a member of the court, would have been privileged to have union documents with his (Maharaj) name and signature. He said when he was a member of the court, he never interacted with Achong. “I am surprised and taken aback by Mr Achong’s bold assertions and I consider the same to be mischievous and unwarranted,” Maharaj added.

Maharaj felt he should have been given the opportunity to respond to Achong’s allegations before a decision was reached by the Cabinet.
Addison Khan, President of the Industrial Court, also swore to an affidavit in which he stated that he had recommended Maharaj to be re-appointed for another five years. Khan said he made the recommendation to the Attorney General who said the matter would be placed before Cabinet. Having received no response from the Attorney General, Khan said he advised President George Maxwell Richards to re-appoint Maharaj for three months. That period expired on February 16. Khan said a recommendation for re-appointment is made by the President of the court as an exercise of discretion and is not guided by practice.