Legal action is most appropriate recourse to settle disputes
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C.
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C.

-AG tells suspended PSC Chair, et al

“IF every one of us decide to take upon ourselves the power to determine legality, then that will result in anarchy. The constitution has identified the courts as the forum for the resolution of all legal disputes.”

These were the sentiments shared by Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., during his weekly television broadcast, ‘Issues In The News.’ He was responding to legal action filed by the suspended Chairman of the Police Service Commission (PSC), Paul Slowe, and others against President Dr. Irfaan Ali et al.

Suspended Chairman of the Police Service Commission, Paul Slowe

“So at least Paul Slowe and his team got that right,” the Attorney-General said, as he explained that legal action pursued through the courts is the most appropriate recourse to settle any matter where the decision of a public official, in this case the President, is being challenged.

Slowe, through his attorneys Selwyn Pieters, Dexter Todd and Dexter Smartt, on behalf of the PSC, filed an action on July 20, 2021, which lists President Ali, Prime Minister Brigadier (retired) Mark Phillips, Commissioner of Police (CoP) (ag) Nigel Hoppie, Nandlall, and the Secretary of the PSC as respondents.

On July 5, Slowe issued a letter to Hoppie whereby he reminded that the PSC had issued a list on June 28, of ranks of the Guyana Police Force who are to be promoted, and contended that though the commissioner’s office acknowledged receipt of the list on June 30, the CoP has failed to prepare the promotion order.

“Your action in not ensuring that the Special Promotion Order is prepared and published one week after receiving the promotion list from the Police Service Commission is interpreted by the Police [Service] Commission as you defying the legitimate action of the Police Service Commission in promoting ranks of the Guyana Police Force,” Slowe had written.

The action was also filed against the backdrop of President Ali suspending the PSC on June 16, 2021. However, Pieters had contended that the suspension was ultra vires Article 225 of the constitution, since a tribunal to probe the removal of the PSC had not yet been established.

In the action, the PSC is seeking a declaration that suspension of the Chairman and members of the PSC by President Ali was contrary to and in violation of the Constitution of Guyana, in particular articles 225 (6) and 210 (3).

They are also asking the court to declare that the Prime Minister’s advice to the President to suspend the PSC was unlawful and that the Chairman and members remain competent and responsible to carry out its functions.

“You have a problem with a decision, you got to the court, you may win, I’m not sure, but that is the place to resolve the legality of issues,” Nandlall said, as he explained he anticipated that the PSC would pursue dispute resolution through the judicial process, as it is their legal and democratic right, which he respects.

“It’s part of our democracy, it’s part of the legal rights of those who have been suspended to challenge the decision to suspend them; that is a right that they have and that is a right that I respect,” he said.

“I will deal with the matter in court and I’ll explain the nature of the proceedings when I receive them, but the point is that this is the way if one wishes to challenge a decision made by a public officer, more so, one made by the Head of State,” he added.

The Attorney-General expressed that the law does not permit anyone to arrogate unto themselves a power to ignore the decision of any public official, especially the Executive President.

“Paul Slowe and this team must recognise, at least when this government is in power, [that] the constitution will be complied with and the rule of law will be respected and when the President makes a decision or a minister makes a decision, whether he is right or whether he is wrong, in law it is a matter for only the court to decide,” Nandlall said.

“However, the rule of law requires and demands that you respect that decision until it is rescinded, either by the decision-maker or by a competent authority who has the power or the jurisdiction to rescind that decision,” he added.

He explained that when Slowe and his team wrote to the secretary of the PSC and the commissioner of police instructing them to proceed with the promotion list “they were completely wrong and their demands were completely unlawful and were properly and rightfully ignored.”

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