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President’s interference with PSC: Court to hear arguments on Applicant’s locus standi

The Attorney General on the 24th day of August, 2017, filed an application seeking to dismiss the matter, which was filed by former Attorney General, Mr. Mohabir Anil Nandlall concerning the the instructional letter dispatched from the Ministry of the Presidency to the Police Service Commission, on the grounds that the Applicant, a citizen of Guyana and an Attorney-at-law does not possess the requisite locus standi (the right or capacity to bring an action or to appear in a court).

The court documents, which was seen by Citizens’ Report read, “ (i) an order that the Applicant does not possess the requisite locus standi to bring the application;

(ii) an order dismissing the fixed date application herein on the ground that the applicant has no legitimate or relevant interest to invoke the jurisdiction of the court.”

Notably, the Attorney-General’s main contentions are that the Applicant is neither a member of the Police Force nor a member of the Police Service Commission and therefore he has no standing to file these proceedings. However, the Applicant’s contentions are that he:
(i) is Attorney-at-Law admitted to practice law in Guyana;

(ii) is a registered elector who voted at the May 11th 2015 General and Regional Elections;

(iii) as a citizen has a legitimate interest in upholding the rule of law and has a right to approach the court to interpret the Constitution;

(iv) considers it his national duty to ensure those representatives who, and the democratic organs which, exercise the sovereignty of Guyana on his behalf act in due compliance with the said Constitution in the discharge of their public functions and constitutional duties.

This application was heard by the Honourable Chief Justice (Ag), Madam Justice Roxane George S.C. who granted leave to the Attorney-General to file and serve submissions on the law of locus standi as it applies to the facts of these proceedings on or before 8th day of September, 2017.

Thereafter, leave was granted to Applicant to file and serve his submissions in response to the Attorney-General’s arguments on or before the 15th day of September, 2017.

The matter was adjourned to the 18th day of September, 2017 @ 4pm for the hearing of oral arguments and/or ruling on the question of whether the Applicant has locus standi to file these proceedings.

The substantive matter on the constitutionality of the actions of the Minister of State to the Police Service Commission indicating that the President has directed that there be no consideration of promotions for members of the Guyana Police Force by the Police Service Commission until further notice will be determined after the hearing and determination of the application filed by the Attorney-General.

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