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Constitutionality of Pres. Granger’s directive to the Police Service Commission challenged in Court

 

The Chief Justice’s Chambers at the High Court.

The constititionality of President David Granger’s decision to ask the Police Service Commission (PSC) to delay the promotion of officers is being challenged in the High Court.

An applicant named Rajendra R. Jaigobin has filed legal proceedings against to declare that

i) the Police Service Commission, a Commission established by the Constitution of the Cooperative Republic of Guyana, in the exercise of its functions shall not be subject to the direction or control of any other person or authority;

(ii)  a letter dated the 26th of July, 2017, directed to the Secretary of the Public Service Commission, a Commission established by the Constitution of the Cooperative Republic of Guyana, by Mr. Joseph Harmon, Minister of State and a member of the Executive, advising that “His Excellency, President David Granger, has directed that there be no consideration of promotions for members of the Guyana Police Force by the Police Service Commission, until further notice … bring His Excellency’s directive to the immediate attention of the Commission”, is in violation of Article 226 of the Constitution of the Cooperative of Guyana, is unlawful, null, void and of no legal effect;

(iii)   such further and other reliefs that may be just and reasonable in the circumstances.

Jaigobin says he has vested interest in ensuring that Guyana’s Constitution is not violated and that it his national duty to ensure that those representatives who, and the democratic organs which, exercise the sovereignty of Guyana on his behalf act in due compliance with the said Constitution in the discharge of their public functions and constitutional duties.

People’s Progressive Party Civic Shadow Attorney General and Minister of Legal Affairs, Anil Nandlall earlier this week wrote Harmon to withdraw the directive to the Police Service Commission or he will be moving to the court.

The case comes up for hearing before the Chief Justice on August 28, 2017

  • Second Coming

    Here is the answer to this vexing lawsuit: even if or even though the President was on unconstitutional grounds when he made the request, it was the Police Service Commission that made the big difference by agreeing to the request. A court can agree the request was unconstitutional, but the court can’t make the PSC, a constitutionally independent body, agree or disagree with the request.

    • Charles Selman

      Sound logic, Bro.
      Selman