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Stabroek News

EDITORIAL - Disturbing PSC manoeuvres
published: Sunday | December 16, 2007

Artful manoeuvres will not, in the long run, settle the profound questions of governance and constitutional rule that have been highlighted by Prime Minister Bruce Golding's purported firing of the Public Service Commission (PSC) in his attempt to thwart one of their appointments of which he disapproves.

Indeed, that much should be obvious to those who, not too long ago, were, ostensibly, defenders of principle, the sanctity of the Constitution and the rule of law. But, as it now appears, principle is a colour-coded commodity, applicable depending on political stripes.

Mr. Golding does not want Professor Stephen Vasciannie, a onetime but now estranged political colleague, as the country's Solicitor General. Constitutionally, it is the PSC's job, acting through the Governor- General, to make such an appointment. The Prime Minister is allowed to ask the PSC once, to reconsider an appointment, but if they hold to their position, the original recommendation should go through.

This, on the face of it, is what has taken place in the case of Professor Vasciannie, which, it appears to us, would make the Governor-General duty bound to follow through on the appointment, notwithstanding the after-the-fact dismissal of the PSC members.

We expect that this is one of the constitutional questions to be settled in the matter brought by Opposition Leader Portia Simpson Miller challenging the dismissal of the PSC, supposedly for misbehaviour. We would urge Professor Vasciannie and a directly affected party, separately to seek a judicial declaration of his position on the assumption that, effectively, he is the Solicitor General-designate.

At the same time, the stealth tactic used by the administration in its attempt to foreclose legal arbitration on the status of the PSC we find to be a betrayal of the high ideals championed by Mr. Golding prior to coming to office. Indeed, the role of the high office of the Governor-General in this matter, in the absence of mitigating explanations, is, to say the least, troubling.

It was widely reported that the Leader of the Opposition was filing an injunction seeking to stay any dismissal of the PSC, pending a declaration on whether they were being afforded natural justice and the PM was acting within his constitutional powers.

The Government's response was not to seek to argue the case in court, but to scramble to push through the dismissals before a judge had an opportunity to rule on the Opposition's writ. The administration appears to have been facilitated by the office of the Governor- General.

So, in a contest of legal gamesmanship, the first round goes to the Government. On decency in governance, for which Mr. Golding set the bar for himself, the administration failed to clear the hurdle.

The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.

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