Challenge your removal in the court

– Opposition MPs urge sacked, reassigned Permanent Secretaries

The Government’s decision to unilaterally remove at least eight Permanent Secretaries, some of whom have been fired, should be challenged in the Courts, A Partnership for National Unity + Alliance For Change (APNU+AFC) Members of Parliament, Roysdale Forde, SC and Amanza Walton-Desir have said.

Forde, a Senior Counsel, said the firing and reassignment of the Permanent Secretaries is another example of the People’s Progressive Party/Civic (PPP/C) Government’s disregard for the country’s public servants, and borders on discrimination and abuse.

“I believe that the Government purported to remove them as Permanent Secretaries, utilizing provisions within their contracts but a contract simply provides a process or an arrangement or a scheme, for the regulation of parties, arrangements between them [but] it is not to be relied on for abuse, discrimination in any way. And I believe that the Permanent Secretaries, even though functioning under contracts have recourse to the court to challenge those removals,” Forde said during a virtual press conference on Thursday.

Forde, using the case of Karen Vansluytman-Corbin who served as the Permanent Secretary of the Ministry of Tourism, Industry and Commerce as an example, said should she institute legal proceedings against the Government, she will be successful.

Last Friday, Vansluytman-Corbin received a letter of her reassignment to the Sophia Exhibition Centre as the Ministry’s Chief Administrative Officer. “I believe that in that case, she is a substantive public servant on the establishment and I believe that she would have recourse to the court to challenge her removal, and [that of her] other colleagues,” the Senior Counsel said.

Adding her voice to the issue, Walton-Desir, who is also an attorney-at-law, said the Government, in removing the Permanent Secretaries, showed scant regard for the Public Service Commission (PSC), which has a critical role to play in the hiring, promotion and firing of staff.

“I am not aware that a minister can unilaterally reassign a public servant; I think that is a matter that has traditionally been dealt with by the President as well as there is a role there for the Public Service Commission to play. And I think we have to be concerned when we see constitutional bodies such as the Public Service Commission, when we see a usurpation of their roles,” MP Walton-Desir said.

Like Forde, Walton-Desir said the aggrieved Permanent Secretaries can take recourse to the courts noting that it is unfortunate that public servants have to resort to the Court.

Last week, the Office of the President announced the appointment of eight new Permanent Secretaries within the Ministries of Health, Amerindian Affairs, Home Affairs, Public Works, Social Services and Social Security, Housing and Water, Labour and Tourism, Industry and Commerce.

In an earlier press conference, Opposition Leader Joseph Harmon accused the Government of politicizing the Public Service following its appointment of the new Permanent Secretaries.

Harmon, in a statement, said the appointment of the new Permanent Secretaries while the substantive Permanent Secretaries, who were appointed by the Public Service Commission are still performing their duties, represents the politicizing of the system of Government.

“These sitting Permanent Secretaries were not consulted about the move and appointment of these new PS’s… This insertion of persons into the top level of the Government Ministries has effectively politicized the system of Government which is meant to provide neutral service to the people of Guyana. It kills the legitimate expectation of Public Servants in the system and creates disenchantment among Public Servants who saw a career in Public Service,” the statement said.