The Attorney for the Police Service Commission Selwyn Pieters has written to President Irfaan Ali, indicating to him that the Commissioners will continue to discharge their function since his decision to suspend them is unlawful and illegal.

In a letter sent today to the President, the attorney reminded that in his earlier show-cause notice, he indicated that members of the Commission cannot be removed or suspended from the exercise of the functions thereof except in accordance with the provisions of Article 225 of the Constitution.

That Article points to the appointment of a tribunal to look into the matter of suspension or removal before any such action could be taken.

The Attorney told the President that while he has the power to suspend the commissioners he can only do so with the ‘advice of the prescribed authority ‘ and only if the question of removal has been referred to a tribunal.

“It is clear from the provisions that Your Excellency’s purported suspension of the Chairman and other members of the Commission is contrary to the constitution in two respects; first, because the question of removal from office has not yet “been referred to a tribunal”, and second, because, for all members other than the chairman, you have not acted “in accordance with the advice of the prescribed authority” with respect to the suspensions,” the Attorney told the President.

Premature suspension

Regarding the first issue if referral to a tribunal, the attorney said article 225 (6) clearly states that the suspension is only an option once the question of removing the officer from office has been referred to a tribunal under the said article.

Pieters said the President’s suspension of the Commissioners pending the establishment of a tribunal goes against the constitution.

“Respectfully, Your Excellency has no such power. Clearly one cannot refer to a question to a tribunal that does not yet exist. The proposed suspensions of the members are therefore premature, null, void and ultra vires Article 225,” Pieters said.

Pieters informed the President that the constitution provides for such a tribunal to be established on the advice of the Judicial Service Commission but at present there is no Judicial Service Commission in place with the life of the last commission ending in 2017.

The Attorney said having regard all the facts, the President’s move to suspend the commission is unconstitutional and illegal and in effect, the Commissioners will disregard the suspension.

“The Police Service Commission will therefore continue to perform its constitutional mandate respect to discipline and promotion of the Guyana Police Force Officers from Inspectors to Assistant Commissioners. If Your Excellency is not in agreement with the above, it is your prerogative to refer the matter to the courts for determination,” the Attorney.

The Commissioners through their attorney said they are confident that should the matter reaches the Court, the Court will prove that that the President’s move to suspend the Commission is illegal.

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