CJ to rule on challenge to appointments of chairs of Integrity, Police Service commissions this month

Aug 09, 2022 News

Kaieteur News – Later this month, the acting Chief Justice (CJ) Roxanne George-Wiltshire is expected to make a decision on the legal challenge to the appointments of the chairs for the Police Service Commission (PSC) and the Integrity Commission.

Attorney General (AG) Anil Nandlall, SC

The challenge to the two appointments was brought by Leader of the Opposition, Aubrey Norton. On May 13, President Ali and Norton met for the first time in regards to the appointments to several appointments to constitutional bodies. Ali and Norton had committed to meeting again the following week, but that meeting did not occur within the stipulated timeline. However, the meeting was rescheduled for May 30 but Norton was unable to attend the meeting owing to prior commitments.

Following the first consultation, the Opposition Leader had requested the Curriculum Vitae (CVs) of the persons who were nominated, along with additional information. While the CVs were provided to Norton, the government did not provide the additional information and this led to a ‘tit for tat’ between the two parties.

Notably, Minister of Parliamentary Affairs and Governance Gail Teixeira, has contended that the President is not mandated to provide any additional information to the Opposition Leader as he had already complied by producing the CVs.

Leader of the Opposition, Aubrey Norton

Norton contended that President Irfaan Ali failed to have meaningful consultation with him before making the appointments as is required by law. Norton argues that the President Ali appointed Patrick Findlay as Chairman of the PSC without meaningfully consulting him as required by Article 210 (1) (a) of the Constitution. Norton is not only asking the court to quash the appointments to the commissions – but he also wants the Court to declare that President Ali’s termination of the consultation process as being arbitrary, unreasonable and unconstitutional, inter alia.

Representing the State in this matter is Attorney General, Anil Nandlall, SC and representing Norton is attorney-at-law Roysdale Forde SC and Selwyn Pieters. On Monday, the CJ heard oral arguments from the applicant and some respondents – the others relied on the written submissions they made to the court.

Forde argued that the President never provided the criteria from which Findlay was selected; while Nandlall argued that Norton had ample time to examine the list of the nominees and even express his concerns– but failed to do so. After listening to the oral arguments by both parties, the Chief Justice set August 23, at 15:00hrs as the date for ruling.