Delays seen in setting up of service commissions

Delays seen in setting up of service commissions
Consultations only now beginning
By Patrick Denny
Stabroek News
May 28, 2003

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Despite the end of the political impasse between the government and the PNCR, the four key service commissions, which have not functioned for more than eighteen months, may still be weeks away from being reconstituted.

The commissions are the Public Service Commission, the Teaching Service Com-mission (TSC), the Police Service Commission and the Judicial Service Commission (JSC).

Because of the absence of these commissions, issues relating to promotion, transfer and discipline as they affect public servants and teachers have not been dealt with. Nor has it been possible to appoint new judges or magistrates to assist the over-taxed judiciary and magistracy in the absence of the JSC or to make an acting appointment to fill the post of Director of Public Prosecutions since the resignation of Dennis Hanomansingh. The absence of the Police Service Commission has delayed the appointment of Deputy Commissioner of Police, Winston Felix as Commis-sioner. In April 2002, Felix was named Commissioner designate and his appointment should have been with effect from January 1, 2003. Promotions within the Police Force are also affected by the absence of the commission.

A government spokesman reiterated the government’s commitment to giving priority to the establishment of the commissions but noted that the recently constituted Appointments Committee of Parliament had to complete its work and this was apart from the consultations with the Leader of the Opposition the President still had to undertake.

The committee on appointments is responsible for undertaking the consultation process on behalf of the National Assembly with the various interest groups identified to be represented on the Public Service, Police Service and Judicial Service Com-missions. The motion setting up the committee identified the organisations to be included in the consultations for nominees to the Judicial and Police Service Commissions. With respect to the Public Service Commission the National Assembly left it to the committee to determine which organisations it should consult with.

Consultation mechanism

The consultations with respect to the service commissions have to be carried out in accordance with Article 232(1).

This provides for the person or body to be consulted, to be informed in writing about the nature of the consultation and the date by which a decision is to be made; and for them to be given a reasonable opportunity to express a considered opinion on the subject. The article also provides for the person or body to be informed of the decision and for a written record to be kept of the consultation process.

The consultations for nominations to the Rights Commission will be done by the consensual mechanism approved by the National Assembly and which is similar to the method used to nominate members to the Ethnic Relations Commis-sion.

Since its appointment, the Appointments Committee, chaired by the Minister of Youth, Culture and Sport, Gail Teixeira, has had only one meeting. Stabroek News has been unable to contact Teixeira to ascertain whether the committee has set itself a deadline for completing its consultations.

Teaching Service Commission

With regard to the Teaching Service Commission, the President of the Guyana Teachers’ Union, Sidney Murdock told Stabroek News yesterday that the Office of the President had written to the union about its nominee to the Teaching Service Commission as required by Article 207(2)(a) of the constitution.

Murdock said that the union was now giving the matter consideration and would be replying to the Office of the President with the name of its nominee.

Article 207(2)(c) requires President Jagdeo to consult with the Leader of the Opposition in appointing three of the members of the commission. PNCR leader Robert Corbin told Stabroek News that President Jagdeo had yet to initiate consultations with him on this issue since he was elected Leader of the Opposition on May 6.

He recalled that before his election as Leader of the Opposition, President Jagdeo had written to him as PNCR leader informing him of his intention to nominate certain persons to the various commissions given the vacancy in the office of Leader of the Opposition. Corbin said that he did not consider that to be a consultation with him as Leader of the Opposition.

Article 207(2)(b) requires the Minister of Local Government to nominate two persons for appointment after he has consulted with the local democratic organs and bodies. An official of the Local Government Ministry told Stabroek News yesterday that the ministry was awaiting instructions to initiate the consultation process.

Judicial Service Commission

The President is also required, under Article 198(2) of the constitution to consult with Corbin on the appointment of a member to the Judicial Service Commission (JSC) from among persons who hold or have held office as judge of a court of unlimited jurisdiction in civil or criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court.

The Appointments Committee is required to consult under the provisions of Article 198(2)(b) with the Guyana Bar Association, the Berbice Bar Association and the Guyana Women Lawyers Association to ascertain the name of their nominee(s) to represent them on the JSC. The constitution provides for the President to appoint at least one but not more than two members to represent the lawyers.

Stabroek News understands that the committee has decided to write to the three bodies asking them to name their nominee(s) and suggesting that they could consult with the other associations to arrive at consensual candidates. The three bodies are also being advised that if they should be unable to arrive at a consensus, they should separately submit the names of the persons they would like to be nominated to the Committee. Stabroek News understands that the committee would then make its recommendations to the National Assembly for the persons to be nominated for appointment.

Police Service Commission

In terms of the Police Service Commission, under Article 210(1)(a), the President is required to consult with Corbin on the appointment of a chairman from among the four members nominated by the National Assembly under Article 210(1)(c). In making the nominations the Appointments Committee is required to consult with such bodies as the Guyana Police Association, the National Community Policing Executive and the association of former members of the Police Force.

Additionally the President is required to consult with Corbin on the appointment of three other members.

The constituting of this commission is critical to the appointment of the Commissioner of Police and every Deputy Commissioner of Police. This is because Article 211(1) requires the President to make these appointments after he has consulted with the Leader of the Opposition and the chairperson of the Commission after the chairperson has consulted with the other members of the commission. It also critical for the promotion of other officers for whom there are currently over thirty vacancies.

Public Service Commission

With regard to the Public Service Commission the President is required to consult with the Leader of the Opposition in the appointment of three of its members. He also has the discretion of appointing a fourth member under Article 200(1)(c) “acting in his own deliberate judgement.” Public officers are disqualified from appointment under this article.

The Appointments Committee under Article 200(1)(b), is required to nominate two members for appointment after consulting with such bodies as appear to represent public officers as classes of public officers.

The motion establishing the Appointments Committee did not identify the organisations with which it should consult. Traditionally for these appointments the President consulted with the Guyana Public Service Union (GPSU) and the Federated Union of Government Employees. However, when first tabled the motion identified the GPSU and Public Service Senior Staff Association

Stabroek News understands that when the committee considered the organisations to be consulted for nominations to the commission, opinion was divided as to the inclusion of the Public Service Senior Staff Association whose members are permanent secretaries, deputy permanent secretaries and heads of departments, all of whom are employed on contracts with the Office of the President.

Article 201(1) vests in the Public Service Commission, “the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices.” Those opposed to the Senior Staff Association being consulted, argue that the decisions of the commissions do not affect these persons as they are employed by the Office of the President, which has the power to discipline or terminate their services.