Dear Editor,
I noted with great concern a recent statement attributed to the Minister of Parliamentary Affairs and Governance Gail Teixeira that the Police Service Commission (PSC) is considering the promotion of as many as 645 police officers this year. This statement was said to have been made in response to a question from Opposition Chief Whip Tabitha Sarabo-Halley during the opening consideration of the 2026 budget.
The records would reveal that there is currently no Police Service Commission.
The last Police Service Commission, which was chaired by the late Bishop Patrick Findlay, was sworn in on May 31, 2022.
Article 210 of the Constitution of the Cooperative Republic of Guyana states, inter alia:
210 (1) The Police Service Commission shall consist of-
(a) a Chairman approved by the President acting after meaningful consultation with the Leader of the Opposition from among members appointed under subparagraph (c);
(b) the Chairman of the Public Service Commission;
(c) four members appointed by the President upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent the majority of the Police Force and any other body it deems fit.
Provided that a person should be disqualified for appointment as a member of the Commission if he or she is a public officer.
(2) subject to the provisions of the next paragraph, the office of an appointed member of the Police Service Commission shall become vacant at the expiration of three years from the date of his or her appointment or at such earlier time as may be specified in the instrument of appointment.
The late former Chairman, Patrick Findlay, and two members, the late Lloyd Mark Conway and Ernesto Choo-a-Fat were sworn in as members of the Police Service Commission on May 31, 2022 (the fourth member, Hackeem Mohammed was sworn in on a subsequent date).
According to Article 210 (2) the life of the last Police Service Commission automatically expired after three years, i.e. May 30, 2025.
There is no provision in the Constitution for the life of the Commission to be extended beyond three years. The process outlined in Article 210 (1) would have to be repeated for the appointment of a new Police Service Commission.
The minister is also reported to have pointed to the need for new appointments to the Police Service Commission to fill vacancies created by the death of two member, the late former Chairman Patrick Findlay and Attorney-at-Law Mark Conway. I wish to emphasize, it is not about filling vacancies created by the death of the two members of the previous Commission, it is about appointing a new Commission: whilst the former members can be reappointed, the procedure laid out in Article (210) (1) of the Constitution must be complied with.
It would be of great interest to know if after approximately 2800 ranks were promoted in the run up to the 2025 General and Regional Elections if there are still 645 vacancies in the ranks from inspector to assistant commissioner, which the Police Service Commission is responsible for promoting.
The President has shown a penchant for violating provisions of the Constitution. Let’s see what he will do on this occasion.