Business of State cannot be put on hold

Business of State cannot be put on hold
Editorial
Guyana Chronicle
April 5, 2003

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The controversy over the appointments of the service commissions has been raging a long time and became victim of a larger dispute over the failure of the government and the opposition to come to a meeting of minds on the composition of the critical committees for parliament. No imminent resolution of the political wrangling between the government and the opposition over the composition of key parliamentary committees seems in sight and therefore it is unreasonable to delay any further the constitution of the service commissions.

The people believe that failure to constitute the service commissions has led to frustration within the bureaucracy. Teachers cannot be substantively appointed, promoted or dismissed and so too is the case with public servants. Police officers above a certain rank also face this dilemma. Many have been waiting a long time for their elevation so that they can enjoy increased wages and salaries. The government also contends that it is the non- existence of the police service commission, which has delayed the appointment of Mr. Winston Felix as Commissioner of Police. In addition, new judges cannot be appointed unless a judicial service commission is in place.

These service commissions are part of constitutional mechanisms intended to enhance the independence of key sectors of the state, and to undermine our constitution through political gridlock goes against the spirit of constitutional rule. In most democracies, it would be inconceivable for a situation to exist where service commissions are non- existent.

As the government has stated, the business of the State cannot be put on hold indefinitely. “ Vital services and key appointments cannot be put off for a longer time.” The opposition has had more than sufficient time to play its role as mandated by the constitution. Its failure to do so cannot legitimately be used to frustrate the highest law of the land.

The opposition is contending that the stated intention of the government to move ahead with the appointment of the service commission is an act of bad faith. This is indeed questionable and there can be no better evidence of bad faith than the way in which the opposition through its boycotting of parliament and its failure to appoint a leader is hindering the exercise of its constitutional responsibilities.

Article 1849(1) of our constitution provides for the election of a leader of the opposition from among the non- governmental members of the national assembly at a meeting held under the chairmanship of the Speaker of the National Assembly who shall have no right to vote.

In light of the failure of the opposition to indicate its preparedness to immediately participate in the process, the President has instructed the Minister of parliamentary affairs to take the necessary steps so that parliament can perform its role in appointing those categories of members of the service commissions that are appointed by Parliament. The government has also advised the leader of the PNCR of its intentions and has submitted to them its nominees to serve on the service commissions.

The time has now come for these service commissions to be constituted. The nation can and should not wait any longer. The PNCR has indicated its intention to resist the appointment of the service commissions. Its reaction to this issue will therefore test its commitment to constitutional rule in Guyana. It can either return to its past role as a subversive arm of the state and the law or can demonstrate that it is truly an actor willing to play a responsible role in our country.