President cannot appoint anyone to enquire into the JSC’s appointment of Sukul

Dear Editor,

I wish to just to say that although I agree with the views expressed by Mr Christopher Ram it is important to point out that the Constitution of Guyana does not empower the President to appoint anyone to enquire into the decision of the Judicial Service Commission in respect of the appointment of Mr Sukul to the Court of Appeal.

Section 226 (6) of the constitution dealing with power and procedure of commissions specifically states:

“Any question whether –

“(a) a Commission has validly performed any function vested in it by or under this Constitution;

“(b) Any member of a Commission or any other person has validly performed any function delegated to such member or person by a Commission in pursuance of the provisions of this Constitution;

“(c) any member of a Commission or any other person has validly performed any other function in relation to work of the Commission or in relation to any such function as is referred to in the preceding subparagraph, shall not be enquired into by any Court.”

I trust that this clarifies the issue as well as showing that the Minister of Home Affairs, Mr Clement Rohee is hiding under this constitution provision when he expresses the view that there would be no municipal election later this year.

Yours faithfully,

Jonas M F Coddett