~ Knowing the law on SXM when it comes to appointments is key.~
PHILIPSBURG: --- The four members of the Supervisory Board of Directors of NV GEBE penned a letter to the Council of Ministers on Monday, August 23rd after the advice from the Corporate Governance Council mysteriously leaked Sunday evening.
In their letter, the four members of SBOD said that they are strongly advising the shareholder to declare the resolution sent to them on August 11th, 2021, to appoint Dr. Sharine Daniel as the Chief Executive Officer null and void or can alternatively be voided. The SBOD said the resolution is severely flawed and as such, it is null and void and they are calling on the shareholder to annul the resolution sent on August 11th, 2021. The SBOD said the appointment broke the law of the country and the articles of incorporation, yet the writers of the letter did not indicate which articles of the law and articles of incorporation were violated.
The SBOD said by summons the shareholder has until Tuesday, August 24th, 2021 at 12 noon (24) hours to respond to them.
Further, they said that it came to their attention that the shareholder requested the Corporate Governance Council’s advice to appoint 6 members to the Supervisory Board of Directors while they are only three vacant positions on the SBOD of NV GEBE. They accused the shareholder of not informing the CGC of which positions and profiles of persons would be appointed.
They also informed the shareholder that they cannot terminate the four members of the SBOD and also summons the shareholder to confirm in writing by 12 noon today August 24th, 2021 that they will not terminate the functions of the 4 members, the SBOD further indicated that if needs be they will take the necessary measures to safeguard the interest of the company and that of the four SBOD members.
While the SBOD members of NV GEBE sent their letter on Monday they failed to address the circumstances that took place on May 26th 2016, when the then SBOD decided they were not going to appoint the late William Brooks as the company’s statutory director. They also failed to even consider the ruling handed down on May 26th, 2016 by the Court of First Instance and the termination of the SBOD by former Prime Minister William Marlin, former Minister of VROMI Angel Myers, Minister of TEATT Ingrid Arrindell, and former Justice Minister Edson Kirindongo.
Click here for the May 26th, 2016 court ruling.
The leaked CGC report created a storm on social media when one reporter gave a synopsis of who the members are, one being the 4th cousin of the Minister of VROMI, it should be noted that while the name alone may lead one to think that there is some sort of nepotism by appointing a relative to the SBOD of a Government-owned company, one must bear in mind the law speaks about the first linage and not the fourth.
Another point was made in the same report that highlighted a civil servant as the partner of a Minister, based on checks made by SMN News prior to this article being published the Minister and the intended board member is not legally married, they do not live under the same roof and they do not have children together, hopefully, the author of the Facebook post does realize that the law speaks of spouses, siblings and children.
Finally, a candidate who ran on the National Alliance slate in 2020 was also highlighted, yet no mention is made of the current SBOD member of NV GEBE Kenneth Serrant who ran on the UP slate in 2020 and while another NA candidate served on the board of TELEM SBOD for 4 years without a flaw.
