Gois and Emerenciana demand reversal of dismissal

October 22, 2010 6:58 AM

Joel da Silva Gois and Henri Emerenciana demand reversal of their dismissal as board members of the privatization institute StIP.

They deposited this demand in summary proceedings, which they instituted against StIP and its chairman Ivan Kuster. The summary proceedings will take place on Tuesday October 26th.

Da Silva Gois and Emerenciana oppose their resignation as board members of the institute and the fact that the last Board of Governors (BC) of the island-territory Curaçao had appointed five new board members. In their appeal, the two members state that a lot had gone wrong with their dismissal and the appointment of the new board members. They therefore demand reversal of their dismissal and nullification of theappointment of new members.
Since years, Boards of Governors have announced the necessity to dissolve StIP, but little is noticed of this in practice. However, upon the installation of the BC of MFK, PS and MAN, the latter are going through with this process. By letter of September 17th, Gois and Emerenciana are requested to halt their board activities because their term of office apparently expired. The BC is of the opinion that they are working at the institute illegally. The two disregard the BC’s request and state they have been re-appointed by the previous BC and that they are still the legitimate administrators of the privatization institute. During one of their last meetings before the dismantlement of the Antilles, the previous BC decided to dissolve StIP.

On September 22nd, the BC approved the appointment of Kuster, Partap Kanhai, Giselle Hollander and Claudine Merkies as new members in the StIP board. On the 29th, Kuster is appointed as chairman and Elgenia Pieternella as secretary. All of them are officials employed by the government. The final dismissal of Da Silva Gois and Emerenciana follows on October 1st. However, the two are of the opinion that the appointment of the new members must be considered as nullified because it conflicts with the institute’s articles of association. They also point out that in conformity with the articles of association, one cannot appoint officials in the board of the institute. Officials are appointed by the BC, are subordinate to the council according to the two, and according to the appeal for the summary proceedings cannot be independent in the performance of their board function with the StIP.
If it were up to the two, the dismissal decision of October 1st for Da Silva Gois and Emerenciana must be considered as nullified. On the latter, the appeal states that since the implementation of the Island-regulation and the Code Corporate Governance, board members and commissioners cannot simply be dismissed upon changing of the power in the Board of Governors. Nor can one blame the two that they neglected their tasks as administrator, according to the appeal.

In this, Da Silva Gois and Emerenciana refer to the disposition of the BC that they refused to act upon the policy of the island government. On this, the two state they are conditionally prepared to cooperate with a transfer of the shares of the government NV’s to the government. “Condition is that the legal environment, in which corporate governance with the participations (as far as is possible) is guaranteed, is implemented sufficiently.”
In summary proceedings, Gois and Emerenciana demand that the appointments of the new members and their own dismissal are nullified, that they will be enabled to perform their functions as board members of the privatization institute again.

21 October 2010