Director and Supervisory Board of TAS must work together again despite ongoing conflict

TAS director Wendy Jap A Joe will continue to perform her duties after the government decided not to grant the request for her suspension. Minister Raymond Landveld of Transport, Communication and Tourism says that both management and the Raad van Commissarissen (Supervisory Board) must continue their work. “They will have to work together,” the minister says firmly.

The decision does not mean that the mutual accusations have disappeared. The government has chosen to await the outcomes of ongoing investigations and legal proceedings.

At the end of August, the Council of Ministers rejected the request to suspend Jap A Joe. The RvC had previously pressed for measures against the director and for an independent investigation into TAS’s financial management. Questions were raised about financial accountability, annual accounts, the provision of information and the implementation of decisions. Landveld had previously indicated in the media that he wanted to await the results of the investigation before considering further measures.

Landveld states that the continuity of TAS must take priority. The authority plays a central role in supervising the Surinamese telecommunications sector. According to official information from TAS, the organisation functions as an independent body, advises the minister and reports on financial management and policy pursued.

Conflict surrounding TAS director Wendy Jap A Joe has dragged on for months

A precursor to the current situation was a conflict between the RvC and management earlier this year. In February, tensions between Jap A Joe and then chair Donaghy Malone already came to light. The dispute concerned, among other things, costs of a cancelled overseas business trip and payments for the use of a meeting room. Key News reported extensively at the time on the matter. Malone stated that, according to him, a private account mentioned in documents was never the final destination of the rental payments.

In May, new leadership took office at the regulator. Emanuel Scheek was appointed chair of TAS by Minister Landveld on 11 May, as was also announced by the Surinamese government. A month later, relations between the new RvC and management deteriorated further. The board called for an investigation into Jap A Joe’s performance and wanted the legal procedure for her suspension or dismissal to be initiated.

Quick scan triggers new clash within TAS

A major point of contention became a planned operational quick scan. According to Suriname Herald, management raised questions about the selection of Schmidt Finance, Accounting & Advisory Services. Jap A Joe wanted to know, among other things, how the firm had been selected and on what legal basis and under what conditions the investigation would be carried out.

The director subsequently pointed to relationships which, according to her, could create the appearance of a conflict of interest. She therefore asked President Jennifer Simons to investigate the independence of persons involved in the supervision. According to the report, Jap A Joe stressed that she was not claiming that an actual conflict of interest had been proven. The RvC, in turn, stated that an investigation was necessary to obtain clarity on governance, finances and the provision of information.

The suspension is off the table, but the breakdown in trust within TAS has not yet been resolved.

CLAD investigation must provide clarity

The Ministry of TCT has since requested in writing that the Ministry of Finance and Planning involve the Centrale Landsaccountantsdienst (Central Government Audit Service) in the matter. Landveld has confirmed that the CLAD investigation has begun. According to him, the findings must clarify to what extent the accusations made within TAS are based on facts and whether further measures are necessary.

In addition to the CLAD investigation, another accounting firm may be deployed for the separate quick scan. The government thereby seeks to prevent the discussion about possible business or personal relationships with the previously mentioned firm from continuing to overshadow the investigation itself. Landveld believes that management and the RvC should meanwhile resume their regular work and should not allow their mutual disputes to come at the expense of the organisation.

Court case between director and commissioners increases pressure

The governance crisis has now also reached the courtroom. Jap A Joe has brought six members of the RvC before the court in summary proceedings. She is seeking, among other things, a rectification and argues that statements about her performance have harmed her honour, good name and professional reputation. According to a report on the court case, they are chair Emanuel Scheek and commissioners Joan Nibte, Steven Rodriguez, Jon Feryann Martodikromo, Rhenius Revales and Orpheo La Main.

The commissioners have asked the court to reject the claims. They state that their statements and requests for information stem from their supervisory duties and that the dispute essentially concerns governance, financial accountability and the provision of information. According to the RvC, it must be possible to ask critical questions of a director without this automatically being regarded as an attack on her good name.

Cooperation within TAS remains necessary

For Landveld, it is certain that the internal struggle must not paralyse the functioning of TAS. According to him, this is especially important because work must also continue on the Wet Elektronische Communicatie. The government wants to modernise the legal framework for the sector, while TAS must meanwhile continue supervising telecom companies and technological developments. At Scheek’s installation, Landveld already stressed that TAS must make an important contribution to new legislation and regulations for the sector.