–High Court throws out GPSU challenge to PSC nominee; orders $1.5M costs

ACTING Chief Justice Roxane George, on Friday, dismissed the Guyana Public Service Union’s (GPSU)’s challenge against the nomination of Mohandatt Goolsarran for appointment to the Public Service Commission (PSC).

The Chief Justice ruled in favour of the National Assembly’s decision to consider nominations from the Public Service Senior Staff Association (PSSSA), representing a significant victory for the PSSSA and the Attorney General.
The legal proceedings were initiated on June 28, 2023, with the GPSU contesting the legitimacy of the PSSSA’s nomination of Goolsarran.
Goolsarran, currently Chairman of the National Accreditation Council, was formerly Director of the National Centre for Educational Resource Development (NCERD). He was one of two nominees that the National Assembly had settled on for the PSC, having been nominated by the PSSSA.

The GPSU argued that the PSSSA was not a certified trade union under the Trade Union Recognition Act, and therefore, its nomination for the PSC appointment contravened Article 200(1) (b) of the Constitution of Guyana.
During the court proceedings, Mandisa Breddy represented the GPSU, while Ralph Ramkarran SC and Kamal Ramkarran appeared for the Speaker of the National Assembly, the first named respondent.

On behalf of the second named respondent, Attorney General, Mohabir Anil Nandlall, S.C., along with Nigel Hawke, Deborah Kumar, Shoshanna V. Lall, Loretta Noel, Ocelisa Marks, and Pierre Squires made compelling arguments supporting the National Assembly’s decision.
The Attorney General’s counsel contended that the GPSU had failed to present any evidence of a violation of the Constitution, legal principles, or statutes.
It was argued that the Constitution intended to adopt the broadest possible interpretation by using the term “such bodies as may appear,” which would include any association, non-governmental organisation, or trade union representing public officers or classes of public officers.

Furthermore, the Attorney General highlighted the significance of parliamentary privilege, stating that as long as the National Assembly acted within the bounds of the Constitution, the court should refrain from intervening in its internal affairs.
Ramkarran supported these arguments and clarified that the Trade Union Recognition Act had no relevance in the current case, as it is applicable only to disputes among unions regarding employee representation.

Since there was no such dispute in this matter, both the GPSU and the PSSSA were recognised as representatives of public officers.
According to a statement from the Attorney General’s Chambers after hearing oral arguments from the attorneys-at-law for all the parties, the Chief Justice found that the applicant’s case contained not a “scintilla of evidence, was unmeritorious, frivolous and vexatious.”
In light of this, the Chief Justice ordered the dismissal of the GPSU’s challenge and awarded costs of $750,000 each to the Attorney General of Guyana and the Speaker of the National Assembly.

With this ruling, Goolsarran’s appointment to the Public Service Commission has been upheld, marking a significant victory for the PSSSA and affirming the National Assembly’s authority in selecting bodies for consultation as per Article 200(1) (b) of Guyana’s Constitution.
On July 13, Goolsarran, Manniram Prashad, Maurice Rudranauth Gajadhar, Melcita Agatha Bovell, Chandrawati Leila Ramson, Mohandatt Goolsarran, and Janice Isabella Bowen were sworn in by President, Dr. Irfaan Ali.

The Public Service Commission, with a three-year term, has the crucial responsibility of overseeing the Public Service in Guyana. Its powers include making appointments to public offices and exercising disciplinary control over individuals in such positions.
The absence of a functioning Public Service Commission since August 2021 has had significant implications for other constitutional bodies, such as the Judicial Service Commission and the Police Service Commission.

However, the JSC commissioners which also consists of the Chairman of the Public Service Commission were sworn in earlier this month also. This means that all these commissions are now fully constituted.
Nandlall, during a recent airing on his online programme, “Issues In the News” had called out the GPSU for what he perceived as an attempt to sabotage the government’s work by filing a legal challenge.

“After 20 years, the GPSU suddenly awakes from a slumber and begins now to challenge, legally, the qualification of this body to send a nominee … this is a disguised attempt to sabotage constitutional democracy and to sabotage the work of the government,” the Attorney General said.