Lessons learned from the “Constituency Clerk” affair

The acquittal of Yogida Sawmynaden in the “Constituency Clerk” case provides its share of lessons. Transparency, regulation, and prudence are some of the lessons learned by actors in the political, union and legal world.

Me Penny Hack: “Salaries should under no circumstances go through a minister”

For Me Penny Hack, the appointment and employment of a Constituency Clerk should be regulated differently. “A written contract must be obligatory and salaries must be paid directly to the person concerned. They must under no circumstances go through a minister, a third person or even the spouse of the Constituency Clerk,” he believes.

Furthermore, the lawyer questions the intention behind the payment of the Constituency Clerk's salary in favor of Soopramanien Kistnen. Regardless of Simla Kistnen's testimony, Penny Hack points out that according to Yogida Sawmynaden's statements in paragraphs 28(b) and 28(d) of the judgment, Soopramanien Kistnen had informed the Minister that the salaries had to be paid in cash, as he was very in debt and pursued by creditors.

Thus, notes the lawyer, on several occasions between January 2020 and the end of June 2020, Soopramanien Kistnen had contacted the ex-minister to request an advance when he was in financial difficulty, in particular when he was being pursued by his creditors.

Me Penny Hack points out that Yogida Sawmynaden gave the advance to Soopramanien Kistnen so that he could give it to Simla Kistnen. “We will have to avoid this kind of situation in the future, because the question arises: was this money intended to pay Simla Kistnen or to cover Soopramanien Kistnen’s debt? “, he asks.

Ashok Subron: “We went back 500 years”

Ashok Subron says he respects the sovereignty of the court, but he nevertheless questions fundamental questions arising from this trial and the judgment rendered.

First, the spokesperson for Rezistans ek Alternativ said he was outraged that the defense of former minister Yogida Sawmynaden was based on the idea that an employer can employ a woman, but pay her salary to her husband. “We have gone back 500 years… This is serious, and I invite citizens to think about this,” he said.

Furthermore, the unionist wonders why the prosecution did not see fit to call a representative of the Ministry of Employment to determine whether Yogida Sawmynaden had indeed employed Simla Kistnen as Constituency Clerk. According to him, under “sub part 2” and article 11 of the Workers' Rights Act (WRA), there should have been a “particulars of work agreement” between Yogida Sawmynaden and Simla Kistnen. “It is this document that specifies at what interval salary payment must be made. Because in his defense, Yogida Sawmynaden indicated that he had issued checks at different times. In this document, it would have been specified how she was to be paid,” he said. Ashok Subron also considers that even if Yogida Sawmynaden has the constitutional right to remain silent, the MP has the responsibility to come and explain publicly whether he has complied with article 11 of the WRA.

Finally, Ashok Subron deplores that the widow of Soopramanien Kistnen has gone “from the status of victim to that of culprit”, emphasizing that she would have sworn a false affidavit. This leads him to wonder whether it would not be necessary for affidavits to be written in a language other than English, either in French or Creole, in order to better reflect the words and feelings of those who swear them. on the one hand, and in order to facilitate writing on the other hand.

Yogida Sawmynaden: “Get well, think 10 kou before or ed dimounn”

For former minister Yogida Sawmynaden, the lesson to be learned from this whole affair is that politicians, of all stripes, must be careful when they decide to help someone. “We are very vulnerable people. Unfortunately, people come knocking on our door night and day. We tend to help them. Get me well aster before ede. It's a matter of time when I'm not in port who is in charge, who is in government who is in position. Get well, think 10 kou before or ed dimounn. Parski pa blie dime, ou ek san ezite li pou sey pike. Me malerezman kisanla ki victim zordi. Kisanla ki perdi pwin? I don't know where I went, I ended up working there. It’s unfortunate, but that’s how it is,” he said as he left the intermediate court on Thursday.