Just one week after Patrick Yarde defied predictions and was re-elected President of the Guyana Public Service Union (GPSU), a new challenge is being put forward to his recent appointment as Acting Chairman of the Public Service Commission.
The veteran trade unionist was sworn in as the acting Chair of the PSC by President David Granger last week, even as the removal of the substantive Chairman, Carvil Duncan is pending the outcome of the proceedings of a Tribunal, which was set up to investigate and recommend whether he ought to be removed from office for inability to discharge the functions of his Constitutional posts.
Duncan’s Attorney, Anil Nandlall today said his client intends to challenge the appointment of Mr. Yarde.
“We will challenge his [Yarde’s] appointment. It is legally challengeable and proceeding will be filed shortly,” Nandlall told News Source at the High Court on Monday.
He said Yarde’s appointment is “capricious, arbitrary, unlawful and unconstitutional.”
“The position of Chairman of the PSC is not vacant. Duncan is substantively the holder of that office and while there is an attempt to remove him, it is still the subject of a challenge in Court,” Nandlall said.
The Attorney said specific orders were made by the Court, restraining anyone from taking further steps until proceedings are concluded.
The matter has been engaging the attention of the Courts since October 2016.
Further, Nandlall argued that it is the members of the Public Service Commission who would appoint the Chair from among themselves. He said that was not been done, according to information reaching him.
Mr. Nandlall also believes the appointment sparks conflict of interest concerns.
“It is proper for the head of union representing the majority of public servants to sit as the chair of the public service commission.”
Duncan, as the head the PSC and member of several other constitutional bodies found himself facing fraud charges in the Magistrate’s Court which prompted President Granger to appoint a Tribunal to investigate Duncan’s removal from his post following the charges.
Duncan moved to the High Court and was granted an order halting the works of the Tribunal while his matter is before the court. (Kurt Campbell)