Latest update April 24th, 2024 12:59 AM
Jul 07, 2022 News
– says constitution provides for quorum which can act
Kaieteur News – Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall SC has rejected the contention that the ruling People Progressive Party /Civic (PPP/C) has not complied with the constitution in its appointment of Clifton Hicken as acting Commissioner of Police.
Nandlall shared his views on his weekly Facebook commentary “Issues in the News,” on Tuesday. His comments followed contentions raised by Senior Counsel Roysdale Forde that the Police Service Commission (PSC) is not properly constituted without the Chairman of the Public Service Commission and as such, the promotions of senior officers announced on Sunday are null and void.
Forde, who is also the Shadow Attorney General in the National Assembly, said the same obtains for the junior ranks as Clifton Hicken is also not properly appointed as the Acting Commissioner of Police and therefore could not have authorised the promotion of junior ranks.
However in response to Forde’s comments, Nandlall said that the PPP/C administration has acted in keeping with the law. He explained that the government has used the necessary doctrines to carry out its function in keeping with the Constitution and Laws of Guyana. “When our government cannot comply with the constitution, we invoke the relevant doctrines for example the doctrine of necessity… this is used when we are forced to [take action] because of the absence of certain things that make that compliance impossible. For example, if we don’t have a Leader of the Opposition in place, the doctrine of necessary provides a legal path for an acting police commissioner to be appointed because the force cannot be left without a leader,” Nandlall explained.
The AG called Forde’s contention in relation to the composition of the PSC, “incoherent” and “wholly misconceived.” According to Nandlall, while the PSC is not fully constituted, this does not negate the commission from carrying out its functions. The issue was raised by Forde and retired Assistant Commissioner of Police, Clinton Conway
Speaking on the programme, Nandlall asserted: “I can excuse Mr. Clinton Conway for his letter in which he raised the same points because Mr. Conway is not a lawyer and he cannot appreciate the intricacies of the constitution and law… but the same point being raised by Mr. Forde is supposed to be a lawyer that because that we don’t have a five member commission that we therefore cannot act is deeply flawed.”
The AG emphasised that while he will concede that the PSC is not fully constituted because it has four of five members required by the constitution…“to argue that renders the PSC incompetent to act is an incoherent argument.”
Nandlall noted therefore that “the constitution specifically states at [Article 227 ] –which deals with the powers and procedures of commissions… that notwithstanding a vacancy within any of the service commissions…those service commissions providing that there is a stipulated quorum are empowered to act.”
He added, “The constitution also says that notwithstanding a vacancy, the commission can act and the actions and decisions of that commission will not be affected by that vacancy.”
According to Nandlall, the framers of the constitution had obviously recognised that because of various exigencies at some point, the commissions may not have a fully composed or body in every given case and therefore, they have made provisions to allow those bodies and those commissions to act notwithstanding the absence of a member or a party.
Earlier this week, Forde denounced the move to promote the ranks in the face of questionable appointments of both the acting commissioner and the PSC. Alluding to the constitutional provisions which stipulate the composition of a full and proper functioning PSC, attorney had stressed on the fact that a properly constituted PSC requires a chairman and four members as well as the Chairman of the Public Service Commission. The current board of PSC does not include the Chairman of the Public Service Commission since the Public Service Commission which is defunct for more than a year is yet to be reconstituted. As such, Forde signaled his intention to raise the issue in court. He said, “PSC that is not fully in place leaves in the door open for the promotions to be challenged…In my view, the promotions are null and void.” The lawyer noted too that there are a number of court cases have been filed challenging the issue.
On Tuesday, through the office of their attorney, Selwyn Pieters, Opposition Leader Aubrey Norton, retired Assistant Commissioner of Police Paul Slowe and APNU+AFC MP Christopher Jones wrote to the Chief Justice asking for urgent hearings regarding their respective matters on the appointment of the Chairman of the Police Service Commission (PSC)—an injunction to halt any promotion of members of the Guyana Police Force (GPF) by the new PSC—and President Irfaan Ali’s appointment of Clifton Hicken as the acting Commissioner of Police. The applications have specific contentions about the recent promotions of members of the GPF by the new PSC.
LISTEN HOW JAGDEO WILL MAKE ALL GUYANESE RICH!!!
Apr 24, 2024
Round 2 GFF Women’s League Division One Kaieteur Sports – The Guyana Police Force FC on Saturday last demolished Pakuri Jaguars FC with a 17 – 0 goal blitz at the Guyana Football...Kaieteur News – Just recently, the PPC determined that it does not have the authority to vitiate a contract which was... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]