In defence of the Police Service Commission (PSC) and its recent promotions within the Guyana Police Force, Attorney General Anil Nandlall vehemently rejected claims that the commission’s actions were unlawful.
Speaking during his Tuesday night ‘Issues in the News’ commentary, Nandlall addressed assertions circulating on social media and in the public domain that the PSC’s recent promotions of police officers were invalid due to the commission’s constitutionality.
Nandlall outrightly dismissed the accusations, labelling them as “ignorant” and “unfounded”.
He explained that these claims were based on a misunderstanding of a past ruling by Chief Justice Roxane George, which had addressed the legality of the PSC’s composition two years ago. The case, filed by Opposition Leader Aubrey Norton, was ultimately lost. However, in her ruling, Chief Justice George had found that at the time, the PSC was improperly constituted as it lacked the necessary members.
“The Police Service Commission at the time was not properly constituted because the chairman of the Public Service Commission had not been appointed, which meant there was no legitimate commission in place,” Nandlall clarified.
“However, that ruling was very specific. It distinguished between a situation where a commission was never properly formed and one where a commission is functioning but a vacancy arises during its tenure,” he added.
He further explained that in the case of a vacancy, as long as there is a quorum, the legality of the commission remains intact. He rejected the idea that the commission’s current composition was illegal following the recent death of a member, stating, “A single vacancy does not render the entire commission unlawful, and this is not the ruling of the Chief Justice.”
Nandlall also expressed his frustration with individuals who, despite lacking legal expertise, have taken to social media to assert that the police promotions made under the current commission were unlawful. He mocked those who, in his view, fancied themselves as legal experts without the necessary training.
“In today’s society, everyone wants to be a lawyer without actually going to law school. The day may come when people without medical training want to treat patients as well,” Nandlall said.
The Attorney General urged journalists and members of the public to read the full ruling by Chief Justice George to better understand the legal nuances of the case. He also invited anyone seeking clarification to consult legal experts. “If you wish, seek legal guidance, but don’t rely on unqualified social media advice,” he added.
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