Police Service Commission functional – AG

…says Govt remains committed to complying with Constitution

Making it clear that the Police Service Commission (PSC) is functional even though not fully constituted, Attorney General Anil Nandlall, SC, has insisted that the People’s Progressive Party/Civic (PPP/C) Government is one that remains committed to complying with the Constitution.
During his weekly programme “Issues in the News”, Nandlall spoke about Government’s record of constitutional compliance. One area in which the Government has been criticised is its appointment of acting Top Cop Clifton Hicken at a time when there was no Opposition Leader.
Responding to the utterances of A Partnership for National Unity (APNU) Member of Parliament Roysdale Forde, SC, Nandlall noted that the PPP/C Government complies with the Constitution, and in cases where constitutional requirements cannot be met, the doctrine of necessity applies.
“Mr Forde is accusing our Government of constantly violating the Constitution. I reject that contention. Our Government complies with the Constitution. And whenever we cannot comply with the Constitution, we make that public, and we invoke the relevant doctrines that are available,” he said.
“For example, the doctrine of necessity, when we are forced not to comply with the strict provisions of the Constitution, because of the absence of certain things that make compliance impossible, the doctrine of necessity avails us to comply with the Constitution and subsequently seek compliance when the particular situation rectifies itself.”
This is what happened when the Government, through Minister of Governance and Parliamentary Affairs, Gail Teixeira, did reach out to Opposition Leader Aubrey Norton for consultations on Hicken’s appointment, after both Norton and the Police Service Commission had been appointed.
Norton has since ruled out such consultations until he has had his day in court regarding the PSC. Norton moved to court seeking to quash the appointment of the PSC. In his Fixed Date Application (FDA), Norton has also contended that Hicken’s appointment is unilateral, and not in keeping with Article 211 of the Constitution.
In his FDA, Norton has asked the High Court to quash the recent appointments of the Chairmen and members of the Police Service and Integrity Commissions, who were sworn in before President Dr Irfaan Ali on May 31.
Pending the hearing of his application, the Opposition Leader, through Forde, is requesting an injunction prohibiting Findlay and Gajraj, as well as the commission members, from exercising any of the functions, duties, obligations, and/or powers vested in them.
Additionally, he is seeking an injunction barring the PSC Chairman from engaging in meaningful consultation with the President for the appointment of a Police Commissioner and the appointment or appointments of Deputy Commissioner of Police until the FDA is determined.

PSC
Former PSC Commissioner Clinton Conway, a retired Assistant Commissioner of Police, had recently contended that because the PSC is a five-member body, the current four members cannot act as commissioners. But Nandlall noted that even though the Police Service Commission is not fully constituted, it is still functional.
“Our Constitution specifically says that notwithstanding a vacancy existing in any of the service commissions, those service commissions, provided there is a quorum, then those commissions can act.
“The Constitution also says that notwithstanding a vacancy, the commission can still act. And the actions or decisions of the commission will not be affected by that vacancy,” Nandlall further said during his programme.
According to Nandlall, this is a principle of law that exists throughout the world, and in many corporate statutes. He noted that the drafters of the Constitution intended for the smooth running of a commission despite a vacancy.
The new members of the PSC who were sworn in are: Attorney-at-Law Lloyd Mark Conway, businessman Ernesto Choo-a-Fat, and Pastor Patrick Findlay, who serves as Chairman. Businessman Hakeem Mohammed was sworn in at a later date.
The PSC is vested with the authority to exercise disciplinary control over persons holding or acting in high offices within the Police Force, or even remove them from office.
The PSC also deals with the promotion of Policemen above the rank of Inspector. The Government had, on June 28, 2021, rejected as “unlawful and illegal” a list of purported promotions of members of the Police Force issued by the PSC. (G3)