SOCIAL and political activist Ravi Balgobin-Maharaj has filed a lawsuit challenging the Finance Minister's appointment of Patrick Ferreira as chairman of the National Insurance Board (NIB)
The judicial review application, filed on April 12, asks for a declaration that Ferreira’s appointment is illegal. Balgobin-Maharaj will also be asking the court to quash the appointment.
Newsday understands the matter has been assigned to Justice Jacqueline Wilson.
Balgobin-Maharaj’s application, as an interim relief, asks for an injunction restraining Ferreira from acting in the office of chairman until the hearing and determination of the matter.
Alternatively, the application also seeks an order staying the decision of the minister to appoint Ferreira.
Balgobin-Maharaj is represented by a team of attorneys including Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal, Dr Che Dindial, Natasha Bisram and Vishaal Siewsaran.
The application said Ferreira was first appointed a government-nominated director of the NIB on November 25, 2017. It also said on January 20, 2022, there was a notice of Ferreira’s appointment as a government- appointed director and chairman.
The lawsuit said Balgobin-Maharaj became aware of Ferreira’s appointment from newspaper reports that month and in February, when Opposition Senator Wade Mark raised the issue in the Senate, calling on the Government to revoke it.
In response to Mark, Finance Minister Colm Imbert said successive governments have appointed “eminent citizens of TT to serve as directors and chairmen of the board of NIB.”
He said they were drawn from business, labour and government sectors.
“When one looks at the policy and the practice, the chairman is someone who is supposed to act independently of Government, labour and business.”
The application said Balgobin-Maharaj was concerned about the appointment and wants to ensure it was lawful, valid and complied with the National Insurance Act, which sets out who is to be appointed to the board. In the case of the appointment of a chairman, that person has to be, in the opinion of the minister, independent of the Government, business and labour.
“The claimant has read newspaper reports and listened to parliamentary debates relative to the appointment and is concerned about the legality of same.
“He is of the view that the appointment is contrary to law because Mr Ferreira had served as director on the NIBTT’s board previously during the period November, 25, 2017-January, 20, 2022 as a government-nominated director and hence cannot be said to be a person who ‘is independent of the government, business and labour’ within the meaning and intent of section 3 (2) (d) (of the act). He is therefore not eligible or fit to hold the office of chairman,” the application said.
The lawsuit contends that it was imperative, given the roles, functions and duties of the chairman, that the office-holder must be an “independent person” who has had no conne
