Dear Editor,
Much has been said about the constitutionality of the appointment of the Police Service Commission, the latest blooper of the PPP/C Government led by President Dr. Mohamed lrfaan Ali. The Guyana Public Service Union (GPSU) would like to add weight to the fact that the appointment of the Police Service Commission breaches the spirit and intent of the Constitution of the Cooperative Republic of Guyana.
Let’s deal with Article 210 (a) of the Constitution, which requires that the Chairman of the Commission be appointed “by the President acting after meaningful consultation with the Leader of the Opposition … “. The Leader of the Opposition is on public record disclaiming that “meaningful consultation” on the matter has occurred and therefore no amount of bantering or political propaganda can create an aura of a consensus on the matter. Therefore, conformity to the requirements for the appointment of the Chairman is in dispute. It is straightforward, plain and simple, both parties had had to walk away satisfied after consultations on the matter for there to be consensus.
This obviously was not the case and therefore it was back to the position where there existed only four nominees from the National Assembly. It therefore meant that the President’s much vaunted swearing of the four members and his apparent unilateral appointment of a Chairman for the body was premature and ill-advised. Even if the dispute concerning the appointment of the Chairman of the Police Service Commission is resolved or clarified, the Police Service Commission is still not fully constituted until the identification of the Chairman of the Public Service Commission in keeping with the constitutional requirements, an aspect that cannot occur until the appointment of the members of the Public Service Commission.
Of essence, however, is the President’s failure to appoint a Public Service Commission in keeping with the requirements of Article 200 of the Constitution. It is clear that nothing
is being done to advance the cause of Public Servants and again the evidence speaks to neglect of this necessary component of good governance, whereby the appointment of the “vehicle” through which appointments, promotions, discipline, etc. are undertaken for the Public Service is being stymied to facilitate the illegal induction of PPP/C political appointees within the rank and file of the Public Service, under the guise of contract and temporary employment or otherwise. In fact, the Public Service is being succinctly politicized to serve the objects of the PPP/C Government, now and in the future.
The GPSU is sensitive to Government’s questionable antics regarding the Guyana Police Force, where instead of charting a course for policing independence to satisfy the needs of the people, it prefers to have it subservient to the political hierarchy of the day. To satisfy the Police, Government was unwittingly blindsided from the requirements of Article 210(b) that would, if satisfied, properly constitute the Police Service Commission.
The process of appointing the Public Service Commission began following the end of its previous term on August 9, 2021. In keeping with Article 200(1)(b) of the Constitution of Guyana, the Union received correspondence from the Clerk to the National Assembly dated November 11, 2021 requesting that it submit, no later than November 16, 2021, nominations for the Commission. As the only documented Trade Union with a certificate of recognition from the Trade Union Recognition and Certification Board in keeping with Section 32 of the Trade Union Recognition Act 1997 that is entitled to represent Public Officers or classes of Public Officers appointed by the Public Service Commission, the GPSU submitted its nominations, accordingly. Suspicions arose when another letter from a similar source dated April 4, 2022 requested similar information, no later than April 11, 2022. However, the GPSU complied again with the request, while relaying as an addendum its original submission of November 16, 2021.
It is now July, 2022, but the powers that be have not seen it fit to commit to the spirit and intent of Article 200 of the Constitution to properly appoint a Public Service Commission. As such, the fate of thousands of career Public Servants hangs at the political whims and fancies of the uncaring executive. The real intention of the PPP/C Government is to delay the appointment of the Public Service Commission to satisfy its underlying plans.
To satisfy a seemingly uninformed electorate the Government’s propaganda machinery went to work, through the wily Attorney General, indicating that even though improperly constituted, Commissions through “a stipulated quorum are empowered to act.” This is a fallacy, as a Commission must first be properly constituted, before a quorum is determined· and at best, as legal defender of the State and recognised lawyer, he must certainly be aware of the illegalities within the appointment of the Police Service Commission. and the underlying reasons for delaying the appointment of the Public Service Commission.
Yours sincerely,
Patrick M. Yarde
President/CEO
GPSU
