Dear Editor,
THE current membership of the Public Service Commission (PSC), a Constitutional Commission, was appointed in 2014 for a period of three years on the recommendation of the National Assembly. It was, and is disappointing that the PPP/C Government and the then APNU and AFC Opposition parties agreed to the appointment of the commission, comprising persons with manifest conflicts of interest. Among the membership are three active trade unionists, Carville Duncan, President of the Federation of Independent Trade Unions of Guyana (FITUG); Patrick Yarde, President of the Guyana Public Service Union (GPSU); and Patricia Went, Executive of the GPSU. This is the quality of judgement coming out of members of the National Assembly.
It is to be noted that Yarde is some 72 years old and represents a membership whose retirement age is currently 55. The rules of the GPSU, which had required that the President be a serving public servant, were changed a few times to accommodate the advancing age of Patrick Yarde. Formerly, the President of the GPSU retired on attaining the age of 55. The repeated rule changes enabled Yarde to hold the presidency of the GPSU for some 30 years, amidst years of controversies surrounding GPSU elections, including the just-concluded one in 2017 in the time of his swearing-in as acting Chairman of the PSC.
The GPSU is the recognised union to represent the sectional interest of members of the Public Service Union. The GPSU represents the interest of public servants through direction representation at departmental or ministerial level, collective-bargaining negotiations and conciliation/mediation and finally arbitration. The GPSU also defends and represents employees against action of the Public Service Commission at the Public Service Appellate Tribunal. Patrick Yarde as President of the GPSU is the principal and chief representative and negotiator on behalf of employees in the Public Service.
As members of the Commission, the GPSU Officials in Patrick Yarde and Patricia Went, are involved in recruiting employees for the Public Service, and into membership of the GPSU. They as PSC commissioners are involved in transfers, promotions, and disciplinary action, including dismissals of public officers. Oh what a tangled web of conflict of interests in public administration through the PSC members! That was also the situation under the PPP/C administration.
It seems as if the APNU+AFC Government is always achieving higher heights than its predecessor in unsatisfactory situations, even more shamelessly. This is a glaring example, ignoring the Commission of Inquiry Report into the Public Service of Guyana of 2016 under the Chairmanship of Professor Harold Luthman. This CoI noted that the role and functions of the PSC are set out in Article 200 and other provisions of the Constitution of Guyana. The CoI stated that appointments into the Public Service be based on merit and be made by a commission that is credible and adequately qualified to do so, and which enjoys the respect of the general public. Recommendation six of the CoI report affirms:
“That [the] PSC should at all times be constituted with suitably qualified and competent persons of unquestioned integrity, who would strive to be fair and impartial in the execution of their duties in consonance with the constitutional prescription that they exercise independent judgment and not be influenced by political and other external or extraneous considerations.”
The CoI also recommended that all appointments to the Public Service positions be by open internal and external competition and that such appointments be based on merit and be free from political influences. (Recommendations 10 &11).
President David Granger sets some high standards of qualities and characteristics for the Constitutional position of the Chairman of the Elections Commissions by letter dated 14 March 2017 to the Opposition Leader Bharrat Jagdeo. The relevant qualities and characteristics should be applied in the appointments of all high public offices, and Constitutional Commissions. These qualities and characteristics include:
– Suitably qualified fit and proper persons
– That persons will discharge their functions without fear or favour; not allowing any person or organization to influence them to compromise their independence and neutrality
– That persons will not be an activist in any form
– Those persons should have a general character of honesty, integrity, faithfulness and diligence in the discharge of their duties.
Shouldn’t members of the commission meet the requirements of the Constitution and President Granger’s set standards.
Let the public be the judge. Other views would be welcomed in the press.
Regards
Joshua Singh