00:00Attorneys for activist Wendell Eversley, led by Stuart Young Senior Counsel,
00:04contend that their client is being disadvantaged due to the absence of a Fair Trading Commission board.
00:10In a pre-action protocol letter issued to Trade Minister Sacha Kama Maharaj on March 23rd,
00:16Attorney Renuka Sagram Singh Suklal indicated the intention to seek judicial review
00:20over what she stated is the failure of having the president-appointed board.
00:25She noted that such an appointment takes place based on advice from Cabinet.
00:30Without the board, Sagram Singh Suklal stated that the Fair Trading Commission,
00:34which is a statutory body, is not properly constituted,
00:37which can have a serious impact on the business sector.
00:40The letter outlined the investigative, adjudicatory and regulatory functions of the commission,
00:46as well as the duty on the executive to ensure that it remains fully operational.
00:51The attorney said, quote,
00:52The constitution of the commission is therefore neither optional nor discretionary.
00:56It is foundational to the legality and functionality of the competition regime.
01:02The ongoing failure to appoint a commission constitutes a clear and continuing breach of statutory duty.
01:08End quote.
01:09According to Sagram Singh Suklal, this can lead to unlawful administrative action,
01:14procedural unfairness impacting regulated stakeholders,
01:17a failure to exercise statutory power,
01:20and a breach of legitimate expectations toward a properly functioning statutory framework.
01:25The letter states that Eversley is operating within the national commercial space
01:30and is affected materially by the administrative paralysis because of the present situation.
01:36It adds that this leads to unfair competition,
01:40a lack of consumer protection,
01:41and granting of approvals for mergers which fall under the commission.
01:45The pre-action protocol has outlined a period of 14 days to respond
01:50and say what steps have been taken to appoint a board
01:53and to give a definite time frame for the completion of the appointment
01:57that is not beyond 21 days from the date of the letter.
02:01In addition, it has sought answers from the minister
02:04pertaining to the reason for the delay of the appointments.
02:07Alicia Boucher, TV6 News.
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