GPSU’s challenge to PSC Commissioner: Case “woefully misconceived, frivolous and vexatious” – Teixeira to High Court

Underlining that the Guyana Public Service Union’s (GPSU) case challenging the appointment of Mohandatt Goolsarran to the recently sworn-in Public Service Commission (PSC) is an abuse of the process of the court, Governance and Parliamentary Affairs Minister, Gail Teixeira has urged the High Court to dismiss the matter.

In her Affidavit drawn up by several State lawyers, Teixeira said Goolsarran was one of two nominees that the National Assembly had settled on for appointment to the PSC since he had been nominated by the Guyana Public Service Senior Staff Association (GPSSSA).
Article 200 (1) of the Constitution dictates that the PSC shall consist of six members who shall be appointed as follows: (a) three members appointed by the President acting after meaningful consultation with the Leader of the Opposition; (b) two members appointed by the President upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent public officers or classes of public officers; and (c) if the President thinks fit, one other member appointed by the President acting in accordance with his own deliberate judgement.

To make her case, the senior Government official is relying on Resolution No 24 of 2003, which according to her, provides for the inclusion of the GPSSSA as an entity to be consulted by the National Assembly during the nomination process.
“Therefore, in the absence of a Resolution to rescind or amend Resolution No 24 of 2003, removing the GPSSSA from the list of entities to be consulted to make nominations for the appointments to the Public Service Commission, the GPSSSA’s nomination was properly considered by the Committee on Appointments,” Teixeira submitted.

On April 12, at the 18th Meeting of the Committee on Appointment (Resolution No 55 of 2023), she said, the members of the Committee unanimously agreed that Goolsarran of the GPSSSA and Janice Isabella Bowen of the GPSU be nominees selected by the Committee to be appointed as members of the PSC.
Contending that Parliament is “entitled to absolute privilege over its internal affairs”, she said the “internal proceedings of the National Assembly are the subject of parliamentary privilege in accordance with Article 172 (2) of the Constitution.”

Internal proceedings of National Assembly
As such, Teixeira said she was advised by her lawyers that these deliberations in the National Assembly, the Eighth Report of the Committee on Appointments in relation to the appointments of members to the PSC, Resolution No 24 of 2003, and Resolution No 55 of 2023, “are matters of internal proceedings of the National Assembly over which the court has no jurisdiction.”
The Committee on Appointments which is Chaired by Teixeira has the responsibility to: identify the appropriated bodies for consultation in the appointment of the relevant members of Commissions established under the Constitution; conduct the necessary consultation with them and, where necessary, receive nominations from appropriated bodies; make recommendations to the National Assembly; and report to the National Assembly in relation to each Commission as soon as possible upon the discharge of its functions in relation thereto.

According to her, since it is within the remit and exclusive jurisdiction of Parliament to address its own internal proceedings, the court ought not to interfere in the intramural affairs of the National Assembly, save in the exceptional circumstances of a constitutional violation, which she contends has not been established in the GPSU’s case.

Woefully misconceived
In the circumstances, the Governance and Parliamentary Affairs Minister argued that the GPSU’s case is therefore “woefully misconceived and without merit, and is an abuse of the process of the court, frivolous and vexatious; and that further, the union’s Affidavit in Support is scandalous and oppressive and ought to be struck out in accordance with the Civil Procedure Rules.

She is also asking for substantial costs to be awarded to the respondents, namely, the Speaker of the National Assembly and the Attorney General.
Goolsarran is the Chairman of the National Accreditation Council. He previously served as the Director of the National Centre for Educational Resource Development (NCERD).
During his weekly programme—Issues in the News—Attorney General Anil Nandlall, SC, explained that the GPSSSA and the GPSU are organisations that the National Assembly has recognised, as per the Constitution, to submit nominees for positions on the PSC.
He revealed that the basis for the GPSU’s challenge is that the GPSSSA is not certified by the Trade Union Recognition Board.

“Immaterial”
But Nandlall has dismissed the GPSU’s contention, arguing that it is “immaterial”, since the Constitution does not speak about the need for the National Assembly to consult with a trade union in coming up with nominees for the PSC.
He said that the Constitution provides, among other things, that “two members are to be appointed by the President upon the nomination of the National Assembly after it has consulted such bodies as appear to it to represent public officers or class of public officers.
“…not trade unions representing classes of public officers. So, whether this body is registered under the Trade Union Act or has complied with some provisions in the Trade Union Recognition Act is completely immaterial. It could be a friendly society, it could be a religious organisation, it could be a co-op society, it could be a limited liability company…the Constitution says ‘bodies’, it didn’t say trade union,” Nandlall added.
The Attorney General reminded that the GPSSSA was established in 2002, and is registered under the relevant laws; and moreover, the National Assembly had, some 10 years ago, passed a resolution confirming its recognition of the organisation as a body with which it can consult, or can submit nominees as per the Constitution.
According to him, the GPSSSA has been submitting nominees for over 20 years.
He went on to highlight, “And no one has ever questioned the qualifications of this body… to make this nomination. No one, for the past 20 years…”
“After 20 years, the GPSU suddenly awakes from a slumber and begins now to challenge, legally, the qualification of this body to send a nominee,” he said, calling the legal challenge “a disguised attempt to sabotage constitutional democracy, and to sabotage the work of the Government.”
Last week, President Dr Irfaan Ali swore in six members of the PSC.
In addition to Goolsarran and Bowen, the other members are Manniram Prashad, Maurice Gajadhar, Melcita Bovell, Chandrawati Ramson, and Janice Bowen.
These members have been appointed to serve for three years.
The PSC is a constitutional body responsible for overseeing the Public Service in Guyana.
It is in charge of appointing, promoting, and disciplining public service officials and fashioning rules and regulations to govern the activities of public servants in office. (G1)