The constitution of the Public Service Commission will be delayed until the parliamentary recess ends in October. The Appointive Committee, which has to recommend two persons to the National Assembly, failed to arrive at a consensus on the names it would recommend before the parliament went into recess.

Stabroek News understands that while there is consensus on one of the names submitted by the Guyana Public Service Union (GPSU), the Federated Unions of Government Employees (FUGE) and the Public Service Senior Staff Association (PSSA) cannot agree on the second.

Stabroek News has been able to ascertain that the GPSU and PSSA each nominated two persons for consideration and FUGE nominated one name.

The committee reached consensus on one of the two names submitted by the GPSU and now has to decide between the names submitted by the PSSA and the one submitted by FUGE.

If it fails to reach agreement, it is likely that it will refer the issue to the National Assembly where the government could use its majority to approve the person it wants appointed. When the committee failed to agree on the organisations to be consulted about appointments to the commission, the issue was referred to the National Assembly where the government used its majority to ensure that the PSSA was among the organisations. The PSSA was formed at the instance of the Cabinet Secretary.

Its members comprise the Permanent Secretaries and Deputy Permanent Secretaries and the Heads of Government Departments and agencies, all of whom are appointed on contract by the Office of the President.

The delay in the appointment of the Public Service Commission has delayed the constitution of the Judicial Service Commission and the Police Service Commission on which its chairman sits. The nomination of the other members of these commissions have been approved by the National Assembly and it is now left for the Office of the President to consult with the Leader of the Opposition, with respect to the Police Service Commission on the appointment of the chairman from among the four members nominated by the Police association (Art 210(1)(a), and the three other members of the commission (Art. 210(1)(c)).

With respect to the Judicial Service Commission, the President has to consult with the Leader of the Opposition on the appointment of one of the members of the commission from among persons who is or has been a judge of a court of unlimited jurisdiction in civil or criminal matters in some part of the Commonwealth, or a court having jurisdiction to hear appeals from any such court (Art. 198(2)(a)).

As of now these commissions cannot meet to deal with appointments and matters related to discipline. And with respect to the Police Service this relates specifically to the appointment of Deputy Commissioner of Police, Winston Felix whom President Bharrat Jagdeo, after consultation with then Leader of the Opposition the late PNCR leader Desmond Hoyte SC, named as Police Commissioner-Designate more than fifteen months ago.

The Public Service Commission is not represented on the Teaching Service Commission, which also remains unconstituted.

The Office of the President has responsibility for initiating consultations with the Guyana Teachers’ Union about the appointment of one of the members (Art 207 (2)(a)), and the Leader of the Opposition on the appointment of three members (Art.207(2)(c).

The Minister of Local Government has the responsibility for consulting with local government bodies on the appointment of two members (Art.207 (2)(b)). Stabroek News has been unable to establish whether or not these consultations have been completed.