The opposition says it will be approaching the Court, no later than tomorrow, seeking an interpretation of the term “meaningful consultation” as well as challenging President Irfaan Ali’s recent appointment of the Police Service Commission (PSC).
The information was relayed by Opposition Leader Aubrey Norton at his weekly press conference on Tuesday where he also related that there would be no more engagement with President Ali until the parameters of meaningful consultation are defined.
“I know long before this week is out we should be in court. We believe that enough has emerged in the legal system to help us define meaningful consultation and unless there is an attempt to ensure meaningful consultation, I will not engage [the President]. I will only engage if we clear the parameters of what constitutes meaningful consultation.
“The matter is going to go before the courts and there will be an outcome. But for now, I am not prepared to let the President invite me [and] he sits there and give me some names with CVs and then go out and say he would have consulted,” Norton said, referencing the events of the first consultation between himself and the President.
The two leaders met for the first time on May 13, 2022, at the Office of the President after which a joint statement was issued by both parties which identified the areas discussed and the way forward. The statement said that during the meeting, it was further agreed that the “consultations will be guided by the Constitution and the in-person consultations will resume on a date to be fixed, but within a week”.
However, that meeting did not happen within the agreed time and was later scheduled for May 30. But Norton could not have attended owing to prior commitments and short notice on the part of the government.
At the initial meeting, the two leaders discussed the appointment of members to the Police Service Commission, Integrity Commission, Judicial and Teaching Service Commissions. Following the failed meeting, President Ali swore in members of the Integrity and Police Service Commissions.
Patrick Findlay, Mark Conway, Hakeem Mohammed and Ernesto Choo-a-Fat were appointed to the Police Service Commission while Dr Kim Kyte-Thomas, Chandra Gajraj, Mohamed Ispahani Haniff, Hardesh Tewari and Wayne Bowman will serve on the Integrity Commission.
The laws also stipulate that the President should consult with the Opposition Leader on the appointment of the Chair of the Police Service Commission.
The Integrity Commission Act also mandates consultation between the two leaders.
Additionally, Section 4(1) of the Act states “…the emoluments and other terms and conditions of appointment of the chairman and other members shall be such as may be determined by the President after consultation with the Minority Leader.”
It is clear that this did not happen since Ali went ahead with the appointments prior to any in-depth discussions with Norton on the nominees for Chair of the two commissions.
The Opposition is now expected to challenge the appointments in the absence of “meaningful consultation” as outlined in the constitution.
On Tuesday, Norton argued that the courts will now have to provide guidance in that direction adding that the Constitutional Reform Commission of 2001 agreed on a way forward for meaningful consultation.
Norton contended that in the constitutional reform process of 2001, Guyana touted transformation in the sphere of Governance and in that regard sought to transform consultation into a substantive act. Hence the Oversight Committee on Constitutional Reform recommended that the constitutional provision be enhanced.
He reminded that the committee specifically recommended that “The National Assembly, in pursuit of the evolution of an inclusionary democracy, shall devise or cause to be devised, an agreed approach developed jointly by government, the commissions established by law, community representatives, and representative non-governmental organisations including political parties, that shall comprise a guide to a successful and effective consultation process”.
It was also recommended that: “This guide shall be monitored continually by the Parliamentary Standing Committee for Constitutional Reform with a view to assessing its effectiveness”.
“In 2001 we sat in a Constitutional Reform Commission [and] we agreed a way forward [so] let us implement it and let it be meaningful consultation. We shifted from mere consultation to ensure that there is substance in consultation and I am only prepared to consult meaningfully and not be used as a PR stunt [for the President] to say I consulted with the Opposition Leader. It has to be a consultation that allows us to scrutinize the candidate and in keeping with law, give an informed opinion. That is my position,” Norton told the press.
He said that the government is not interested in consultation of substance and until then, he cannot engage.
