Members of new Police Service Commission to be appointed soon

President David Granger is expected to name the members of the new Police Service Commission (PSC) by next week, almost three months after the life of the previous Commission expired.
In addition, he is yet to withdraw the directive halting Police promotions – a move that the acting Chief Justice has described as unlawful and unconstitutional. President Granger told reporters that when he issued the directive it was necessary for State security since his Administration was in possession of information that security was being jeopardised.

Chief Justice Acting
Roxane George

“We would have been failing in our duty if we ignored the warnings which came to us in a very direct manner that State security was being imperilled or being jeopardised by certain actions. So, there was a question of necessity on the part of the Government of Guyana, and I would like to iterate that we are respectful of the Chief Justice’s rulings and we will examine carefully the written ruling when it comes to us,” the President said.
“The Government of Guyana is very respectful of the rulings of the High Court. We always wait for the written ruling. When we get the written ruling, we will make a formal response,” Granger added.
Last Thursday, acting Chief Justice Roxane George ruled that the letter sent by Minister of State, Joseph Harmon to the PSC on July 26 directing it to withhold work on the annual Police promotions was in flagrant disregard of the Constitution and was unlawful, null, void and of no effect.
The acting Chief Justice also expressed the hope that the PSC did not act upon the unconstitutional letter. However, then PSC Chairman Omesh Satyanand had stated that the Commission adhered to the request from the President and halted all work on the promotion list.
The ruling also pointed to the fact that only two years ago, Minister Simona Broomes, another Government Minister, had issued similar directions to a service commission and although the Court with the consent of the Attorney General (AG) had declared that that letter had been in violation of the Constitution, a similar palpable violation of the Constitution was repeated by another Minister.
Additionally, the court noted that in the face of this flagrant disregard for the Constitution which the State conceded two years ago, the State should have done the honourable thing and corrected the error rather than seek to defend these proceedings.
Justice George concluded that directing that there be no consideration of promotion of Police Officers was a blatant disregard of Article 226 of the Constitution which insulates the PSC from influence and direction of any other person or authority, especially political direction.
Former Attorney General Anil Nandlall filed legal proceedings challenging the directive requesting that it be put on hold. The action was filed in the High Court in August.

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