Mr Gordon acted beyond his powers

Mr Ken Gordon has cited Section 5 (2) (c) of the Integrity in Public Life Act (IPLA) to justify his action of holding a meeting with Dr Rowley at his home. The said section provides that the Commission shall have the power to do all such things as it considers necessary or expedient for the purpose of carrying out its functions.

However, Mr Gordon failed to recognise the meaning of “the Commission” under the IPLA. Section 2 of the IPLA defines the Commission as the Integrity Commission established under Section 4, and Section 4 provides for the establishment of the Integrity Commission consisting of the Chairman, Deputy Chairman and three other members.

It means that Mr Gordon cannot call himself the Commission and therefor cannot act unilaterally in any matters involving the Integrity Commission. In fact, there are no provisions under the IPLA for the chairman to act unilaterally in any matter whatsoever.

Further, the powers provided under the IPLA are vested in the Commission and not the chairman by himself. Mr Gordon would have, therefore, acted beyond his powers under the IPLA by holding that meeting privately with Dr Rowley. He cannot now justify his position by citing Section 5 (2) (c) of the IPLA for his actions.

S Dubay,
Via e-mail

Guardian