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”

Hack.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.

Simla Kistnen: “Get well ahead of your work before you leave”

SimlaSimla Kistnen, the widow of Soopramanien Kistnen, appeals to agents working for political parties. “Get well ahead of your work before you leave. My husband gave his body and soul for them (editor’s note, the MSM). Me o final, kom di koze, linn gagn enn larz koudpie, bizin dir,” she laments.

As for the agents' wives, Simla Kistnen asks them not to interfere in their affairs. “The banla mem gete kouma zot pou organiz zot bann zafer. Me mo konsey bann madam get bien zot oci. I wouldn't wish any wife to go through what I went through. Parski banla bizin or kouraz. Kouma is finished, wins, is finished with or without. (…) Sa travay la pa pou nou sa,” she said.

Simla Kistnen says she is still waiting for those responsible for her husband's death to be judged. “I lost my husband. It's very hard and I'm still waiting. However, he was a great agent of the MSM.

I believe that the Prime Minister should have done everything to shed light on his death. I consider that nothing has been done. Mr. Yogida was a great friend of my husband. They were in contact day and night. Me zordi linn tir li nil e ladan mwa ki pe soufer,” adds the widow of Soopramanien Kistnen.

Ashok Subron: “We went back 500 years”

SubronAshok 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”

YogadaFor 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.

Dharam Gokhool: “Giving money has become dangerous today”

Dharam GokhoolFor former minister Dharam Gokhool, a politician must be transparent in everything he does. He cites the example of the employment of a Constituency Clerk which, according to him, should not be done on a simple verbal agreement. “Such serious matters must be recorded in writing. There should have been a document to this effect,” he believes.

According to the former minister, it is all the more important as the payment of a salary from public funds is involved. “Even when there is payment of the minister's salary to the Constituency Clerk, a receipt is also required. Otherwise, how can we prove that the money was indeed paid and that the minister did not pocket the money himself? “, he asks.

On the subject of helping people in difficulty, Dharam Gokhool said he was not in favor of giving money directly, “as it can be subject to different interpretations.” “Giving money has become dangerous today because people can make all kinds of insinuations. Therefore, politicians must carefully evaluate each case and be very careful with transactions involving money,” he recommends.

Finally, Dharam Gokhool is of the opinion that politicians today must be extra vigilant regarding their words. “They must tell themselves that what they say in private can end up in public. They must therefore pay attention to their integrity and weigh each of their words. Today, doing politics requires a lot of caution,” he says.

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