The Guyana Public Service Union (GPSU) has moved to the High Court to challenge the appointment of Mohandatt Goolsarran as one of the members of the Public Service Commission.
The GPSU is challenging the appointment on the grounds that the Public Service Senior Staff Association had no authority to nominate him to the Commission through the Parliament.
The challenge comes just days after President Irfaan Ali reconstituted the Commission with the appointment of six members, including Goolsarran.
Goolsarran is one of two persons, who were nominated by the National Assembly after consultation with the Guyana Public Service Union (GPSU), and the Public Service Senior Staff Association.
However, GPSU is challenging the ability of the Public Service Senior Staff Association to nominate a Commissioner on the grounds that it is not accredited by the Trade Union Recognition Board.
Attorney General Anil Nandlall, while addressing the matter last evening said more than 20 years ago – the National Assembly identified both the GPSU and the Public Service Senior Staff Association as the two organizations to be consulted with regards to nominations to the PSC.
He said 10 years ago, the National Assembly passed a resolution recognizing the Association, and its ability to submit nominees following a motion.
“After 20 years, the GPSU suddenly awakes from a slumber and begins now to challenge, legally, the qualification of this body to send nominee. In my view, this is a disguised attempt to sabotage constitutional democracy, and to sabotage the work of the government,” the Attorney General said.
The GPSU said Goolsarran’s appointment was not birthed out of a Constitutional and legal process, and is therefore, in breach of the Constitution. But the Attorney General said the Constitution does not indicate that unions, and unions alone ought to be consulted.
“Challenging an organization that has been sending nominees 20 years without challenge, suddenly GPSU wakes up and says that this organization is not proper. And why? Because this organization did not comply or did not receive certification from the Trade Union Recognition Board. This constitution here doesn’t speak about anything to do with Trade Union,” he said.
According to the Constitution, of the six Commissioners to serve on the Public Service Commission, two members ought to be appointed by the President upon nomination by the National Assembly after it would have consulted with such bodies as appear to represent public officers or classes of public officers.
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