The President cannot establish a tribunal to probe ‘misbehaviour’ at the Police Service Commission (PSC) without first consulting with a Judicial Service Commission (JSC). However, no JSC exists. Making this observation last evening was the Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall.
The AG’s remark comes days after the PSC issued a list of police promotions, thereby acting in contravention to the President’s suspension of commissioners. The Government of Guyana has made it clear that it will not recognise any changes announced by the PSC after President Irfaan Ali closed curtains on the commission to facilitate investigations into allegations of corruption. His directive came after Prime Minister, Mark Phillips advised that there was need for such action.
The PSC’s Chairman, Paul Slowe is among the five PSC members suspended. Slowe is also among members of the Guyana Police Force (GPF) charged for defrauding the force of more than $10M to review the organization’s Standing Orders. The PSC is opposed to the suspension. In fact, in a Stabroek News article dated June 29, 2021, Slowe is quoted as rejecting the president’s move and labeling it ‘unlawful’ and ‘unconstitutional’.
Nandlall, however, disagrees. He said that the President has the power to suspend and establish a tribunal.
“Once there’s a perception, or allegation, or complaint of misbehaviour against one of these very powerful constitutional agents – you can’t knock them off because they have security of tenure – the constitution now says that you must activate a process to bring about their removal.”
That process requires the Prime Minister (PM) to alert the President. Indeed, PM Mark Phillps wrote to the President pointing out the allegations. He did so after asking each of the five commissioners to ‘show cause’. Nandlall said that while the PM was not constitutionally required to do so, the decision was taken to provide the officers an opportunity to provide explanations and to say why the tribunal should not be activated.
Guyana Standard was reliably informed that the commissioners replied to the PM in a 500-page document and the contents therein, prompted the PM to engage and report to the President. The Head of State subsequently ordered the suspension with the activation of the tribunal pending.
Nandlall said last evening that the tribunal cannot be activated now.
“The tribunal cannot be established at this point in time because the Constitution says that the tribunal must be established upon consultation of a Judicial Service Commission [but] the Judicial Service Commission is not in force, so the tribunal cannot now be established.”
The life of the last JSC came to an end in 2017. Since then, nominations have been made by the Bar Association of Guyana, along with the Guyana Association of Women Lawyers and the Legal Practitioners Committee (LPC) in keeping with the provisions of Article 198 of the Constitution. Legislators are yet to determine the way forward in the appointment of these individuals.
