THE recent appointments of the Chairman of the Police Service Commission (PSC) and the Integrity Commission by President, Dr Irfaan Ali were declared as lawful on Tuesday by Chief Justice (ag), Roxane George after a failed attempt by the A Partnership for National Unity + Alliance For change (APNU+AFC) to declare those appointments null and void.

The Chief Justice made this ruling virtually reflecting yet another legal defeat for the political opposition which has lobbed several challenges to constitutional bodies.
Opposition Leader, Aubrey Norton, had moved to the high court to quash the appointment of the PSC Chairman Patrick Findlay, claiming that it was illegal, null, void and of no legal effect.

Putting forward the government’s case was Attorney General, Anil Nandlall, S.C. while the opposition was represented by Roysdale Forde, S.C.
In the handing down of her ruling, the Chief Justice found that there was sufficient consultation between President Ali and the Opposition Leader, contrary to what was claimed by the political opposition in its legal challenge.

The Chief Justice also said that the contentions put forward by Norton that enough information was not provided to him was without merit.
Chief Justice George posited that the main responsibility lies on the President to initiate the consultation process and further ensure that the requirements are set, however, the onus is also on the Opposition Leader to be responsive.

As such, it was determined that Findlay was “properly appointed” to the post of PSC Chairman.
The Court, however, determined that the Police Service Commission was not properly constituted as a result of the absence of the Chairman of the Public Service Commission.

Chief Justice George clarified that the PSC Chairman could not have “properly engaged” the Head of State and other members of the commission as it relates to the appointment of Clifton Hicken as acting Police Commissioner.

The Chief Justice, however, in this instance, applied the “de facto officer doctrine” to uphold the decisions of this commission which would include the promotions of a number of police officers.
This, she said, was done as the application did not seek to nullify the actions of the Police Service Commission, maintaining that she would not make such an order.

Further, the Opposition Leader had argued that consultations between President Ali and Chairman Findlay as it relates to the appointment of the Police Commissioner was unconstitutional, null, void and of no legal effect.
Chief Justice George instead disagreed with this, and maintained the necessity of Hicken’s appointment thus leaving it in place.

The Chief Justice had ruled weeks ago on another challenge by the political opposition. In that ruling, she declared that the President did not breach the Constitution by appointing Hicken to act as Commissioner of Police.
She had refused to quash this decision and declare the appointment as void.

Hicken was appointed as Commissioner of Police (ag) on March 30 as the government noted that such an appointment was necessary for the leadership of the Guyana Police Force (GPF).
Meanwhile, as it relates to the Opposition’s challenge to the appointment of the Integrity Commission, Norton had said that the President had breached the Integrity Commission Act and did not offer him opportunities to express his opinions on the consultation.

The Integrity Commission comprises Demerara Bank Corporate Secretary, Chandra Gajraj as Chairperson, along with attorney Mohamed Haniff, and former Solicitor General Kim Kyte-Thomas. Hardest Tiwari and Chris Wayne Bowman are also members.
The Chief Justice, however, ruled that the appointment of these members to the Integrity Commission was lawful.