After two decades...Public Service Appellate Tribunal reactivated

After two decades…Public Service Appellate Tribunal reactivated

May 18, 2017 News

The Public Service Appellate Tribunal which has been defunct for over 20 years was finally reactivated following a swearing-in ceremony held yesterday at State House. There, Mr Nandram Kissoon, Ms Abiola Wong-Inniss and Mr Winston Browne were sworn in as members of the Tribunal.
Kissoon will be the chairman of the constitutional body.
Delivering remarks following the swearing-in exercise was President David Granger who said that Article 215 (A) of Guyana’s Constitution provides for the establishment of the Tribunal.
He said that the Tribunal was established by the Public Service Appellate Tribunal Act of 1984 which empowers the Tribunal to hear appeals relating to decisions handed down by the Public Service Commission.
These appeals concern the appointment by promotion of any person to a public office and the exercise of disciplinary control over any person providing or acting in any public office.
Quoting Section 23 (1) of the Act, Granger said that the Tribunal is not a perfunctory organ, and has “the power of a judge of the High Court to summon witnesses and to call for the production of books, plans and other documents, and to examine witnesses and parties concerned”.
The President told those in attendance that the Tribunal is an essential element in the system of public administration. He said that it is a necessary mechanism for the ensuring of professionalism and fairness with respect to promotions and disciplinary actions in the Public Service.
“It affords public servants recourse, other than through the courts, to challenge unfair and unjust promotions, dismissals and other disciplinary action by the Public Service Commission. Guyana’s Public Service is the muscle of public administration. The Public Service serves the public good. It ensures the efficiency and efficacy of the delivery of public services.”
Granger outlined a number of functions which the Public Service performs to ensure the proper running of the country.
He said that the public service advises and assists ministers of the government, implements government programmes and projects, delivers public services such as defence, education, health, infrastructure, security, telecommunications and executes public policy among other services to the general population.
The President expounded by saying that the work of the public service is enhanced when it is supported by a system which ensures respect for the principle of a meritocracy and the structure of a bureaucracy.
“The Public Service Appellate Tribunal, therefore, as an adjudicatory body, promotes professional integrity and morale by offering guarantees for timely redress for aggrieved public servants.”
He added that it is regrettable that it took over two decades to have the Tribunal reconvened. This sentiment was echoed by President of the Guyana Public Service Union (GPSU) and Chairman of the Public Service Commission (ag), Patrick Yarde.
Speaking with the media after the ceremony, Yarde said that the amendment to the Constitution for there to be a Public Service Appellate Tribunal was as a result of representation by the GPSU.
He said, “Notwithstanding the fact, that we had a role of identifying someone for the Commission, we felt everyone should have the scope for redress and we made that representation and the late President (Linden Forbes Sampson) Burnham was very receptive to it and the Constitution was amended for it.”
According to Yarde, the GPSU was extremely disappointed that the Tribunal had not been filled for such a long time. In 1995 the Tribunal had become non-functional after the resignation of George Fung-on, who was a government nominee.
The over two decade delay to re-appoint the Tribunal was described by Yarde as a deliberate and wicked act of the People’s Progressive Party Civic (PPP/C) government to deny public servants access to redress.
The GPSU President expressed his elation that the Tribunal has been set up once again and is looking forward to seeing public servants using the opportunity to appeal displeasures they may have with the Public Service Commission.

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