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Portia defends PSC members in face of dismissal
PAUL HENRY, Observer staff reporter henryp@jamaicaobserver.com
Thursday, December 13, 2007
A suit filed by Opposition Leader Portia Simpson Miller, challenging Prime Minister Bruce Golding's decision to dismiss the current members of the Public Service Commission (PSC), is scheduled to be heard in the Supreme Court today.
The suit, which named the prime minister as first defendant, was filed by the opposition leader following Golding's decision to proceed, contrary to her disapproval, with the issuance of a directive to Governor General Sir Kenneth Hall instructing the dismissal of the PSC members on the grounds of misbehaviour.
The opposition leader will today seek an order from the court to quash the prime minister's recommendation to the governor general. The opposition leader is also seeking an injunction to prevent the removal of the members of the PSC from office "until a fair hearing by an independent tribunal into the allegations of misbehaviour".
Simpson-Miller, according to her affidavit, is seeking the orders, in part, on the grounds that "[The Prime Minister] has breached the rules of natural justice in relation to the members of the [PSC] and has breached his duty to act fairly to the said members... That [they] have been denied the right to a fair hearing to determine whether there is any misbehaviour on their part."
In addition, the opposition leader in her affidavit, said the prime minister "has been guilty of procedural unfairness" in that he failed to give prior notice of his finding of misbehaviour to the PSC members and that he failed to give them an opportunity to be heard before coming to his finding of misbehaviour.
Golding was also accused of being guilty of "unreasonable exercise of power".
Simpson Miller is also seeking a judicial review into Golding's decision.
Prime Minister Golding, in a letter to the opposition leader on November 16, informed her that he would be recommending to the governor general, pursuant to Section 124. 5 (d) of the Constitution, that the PSC members be relieved of their posts for reasons of misbehaviour.
The misbehaviour - among other things, according to Golding's letter - stemmed from the PSC's "displayed cavalier attitude to justice" and breach of acting deputy solicitor-general Lackston Robinson's rights when it defied a Supreme Court order and transferred Robinson to the Tax Administration Services Department as deputy commissioner instead of reinstating him to his post.
The court had earlier this year ruled against the PSC's decision to recommend the retirement of Robinson, in the public interest. Robinson is now seeking a judicial review of the commission's decision.
Further compounding the matter is the committee's decision to recommend Dr Stephen Vasciannie as the new solicitor general, which has not found favour with the prime minister.
Prime Minister Golding had expressed no confidence in the PSC members, appointed under the previous People's National Party government, and asked that they tender their resignations, failing which he would write to the governor general instructing that their membership be dissolved.
In her response to the prime minister's letter, Simpson Miller, in a letter dated November 26 expressed her disapproval of his recommendation.
PAUL HENRY, Observer staff reporter henryp@jamaicaobserver.com
Thursday, December 13, 2007
A suit filed by Opposition Leader Portia Simpson Miller, challenging Prime Minister Bruce Golding's decision to dismiss the current members of the Public Service Commission (PSC), is scheduled to be heard in the Supreme Court today.
The suit, which named the prime minister as first defendant, was filed by the opposition leader following Golding's decision to proceed, contrary to her disapproval, with the issuance of a directive to Governor General Sir Kenneth Hall instructing the dismissal of the PSC members on the grounds of misbehaviour.
The opposition leader will today seek an order from the court to quash the prime minister's recommendation to the governor general. The opposition leader is also seeking an injunction to prevent the removal of the members of the PSC from office "until a fair hearing by an independent tribunal into the allegations of misbehaviour".
Simpson-Miller, according to her affidavit, is seeking the orders, in part, on the grounds that "[The Prime Minister] has breached the rules of natural justice in relation to the members of the [PSC] and has breached his duty to act fairly to the said members... That [they] have been denied the right to a fair hearing to determine whether there is any misbehaviour on their part."
In addition, the opposition leader in her affidavit, said the prime minister "has been guilty of procedural unfairness" in that he failed to give prior notice of his finding of misbehaviour to the PSC members and that he failed to give them an opportunity to be heard before coming to his finding of misbehaviour.
Golding was also accused of being guilty of "unreasonable exercise of power".
Simpson Miller is also seeking a judicial review into Golding's decision.
Prime Minister Golding, in a letter to the opposition leader on November 16, informed her that he would be recommending to the governor general, pursuant to Section 124. 5 (d) of the Constitution, that the PSC members be relieved of their posts for reasons of misbehaviour.
The misbehaviour - among other things, according to Golding's letter - stemmed from the PSC's "displayed cavalier attitude to justice" and breach of acting deputy solicitor-general Lackston Robinson's rights when it defied a Supreme Court order and transferred Robinson to the Tax Administration Services Department as deputy commissioner instead of reinstating him to his post.
The court had earlier this year ruled against the PSC's decision to recommend the retirement of Robinson, in the public interest. Robinson is now seeking a judicial review of the commission's decision.
Further compounding the matter is the committee's decision to recommend Dr Stephen Vasciannie as the new solicitor general, which has not found favour with the prime minister.
Prime Minister Golding had expressed no confidence in the PSC members, appointed under the previous People's National Party government, and asked that they tender their resignations, failing which he would write to the governor general instructing that their membership be dissolved.
In her response to the prime minister's letter, Simpson Miller, in a letter dated November 26 expressed her disapproval of his recommendation.
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