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Simona Broomes’ directive to PSC
Court rules that Minister overstepped her boundary
Chief Justice (Ag) Ian Chang on Wednesday granted an order in favour of a legal challenge brought by
Junior Social Protection Minister Simona Broomes
Attorney Euclin Gomes against Junior Social Protection Minister, Simona Broomes, challenging her instruction to the Public Service Commission (PSC).
Justice Chang declared that the Public Service Commission, a Commission established by the Constitution of the Cooperative Republic of Guyana, in the exercise of its functions shall not be subject to the direction or control of any other person or authority.
He added that a letter dated May 28, 2015, directed to the Secretary of the Public Service Commission, and signed by Broomes, a Minister and a member of the Executive, advising that “all interviews and meetings of the Commission are to cease forthwith until further (sic) as instructed by His Excellency, the President, David Arthur Granger’s notice”, is in violation of Article 226 of the Constitution of the Cooperative of Guyana.
The Chief Justice ruled that it is unlawful, null, void and of no legal effect.
In May, Broomes had requested that the Public Service Commission (PSC) suspend interviews to fill vacancies within her Ministry.
However a motion which was filed on behalf of Attorney Gomes and former Attorney General and Minister of Legal Affairs, Anil Nandlall, disputed that Broomes had the authority to direct the functions of the Public Service Commission.
The document filed essentially had argued that the PSC is a constitutional body, in which in the exercise of its functions, shall not be subject to the direction or control of any other person or authority. Gomes also requested a declaration that the letter sent to the PSC by Broomes, directing that “all interviews and meetings of the Commission are to cease forthwith until further (sic) as instructed by His Excellency, the President, David Arthur Granger’s notice,” is in violation of Article 226 of the Constitution and is unlawful, null, void and of no legal effect.
In her defence, Minister Broomes said that she merely asked that interviews slated for May 29, just weeks after the new administration took office, be discontinued until further instruction by President David Granger.
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