…Teixeira claims; as GPSU accuses Gov’t of usurping the authority of PSC
Minister of Parliamentary Affairs and Governance, Gail Teixeira, in rejecting claims that the Government is usurping the authority of the Public Service Commission, said the move to terminate the services of the Permanent Secretary within the Ministry of Amerindian Affairs, Sherie Samantha Fedee, was based on the instructions of President Irfaan Ali.
“I am further advised that the power to make appointments to the Office of Permanent Secretary and to remove from such Office, a person holding or acting in such Office, vests exclusively in the President, pursuant to Article 205 of the Constitution of Guyana. This power is exercisable by the President and is not subject to, any recommendation of, or consultation with, any Commission, including, the Public Service Commission, or indeed, any other person, body or authority,” Minister Teixeira said in a letter addressed to GPSU’s President Patrick Yarde.
In a letter addressed to the Minister of Parliamentary Affairs and Governance, dated November 17, Yarde expressed concern over Government’s decision to revoke Fedee’s September 15, 2020 appointment.
“Ms. Fedee, a career public servant with over 25 years of unbroken service, having joined the public service in November 1995, has risen from the position of Clerk to Personnel Officer to Senior Personnel Officer and then to Deputy Permanent Secretary, after which she succeeded to the position of Permanent Secretary in 2019. She was confirmed in the latter position in 2020 by the Public Service Commission. She therefore brings a wealth of experience to the position of Permanent Secretary,” the GPSU President detailed in his correspondence.
Yarde accused the People’s Progressive Party/Civic (PPP/C) Administration of usurping the powers of the Public Service Commission, and Teixeira of abusing her authority.
Noting that Fedee’s appointment as Permanent Secretary is on the Pensionable Establishment of the Guyana Public Service, the GPSU President submitted that base on Article 201 of the Constitution, her appointment falls under the jurisdiction of the PSC.
“Ms. Fedee’s appointment was not revoked by the Public Service Commission and you were not otherwise empowered to revoke her appointment or contribute to the unceremonious removal from office described in your letter,” Yarde told Minister Teixeira.
Further he said the decision to dismiss Fedee is in violation of Article 38G of the Constitution, bearing the marginal note, ‘Public Service to be Free from Political Influence.’
But in her response dated November 19, the Minister of Parliamentary Affairs and Governance said the President has the authority to dismiss Permanent Secretaries. “The constitutional rationale for this power being vested exclusively in the President resides in Article 115 of the Constitution, which renders a Permanent Secretary subject to the direct and control of the President or a Minister appointed by the President,” Minister Teixeira pointed out.
According to the Minister, Fedee’s appointment in September was illegal.
“The act of the Public Service Commission on September 15th, 2020 is null and void as it usurped the constitutional prerogative of the newly elected President,” she said, while rejecting every allegation of wrongdoing, unlawfulness and unconstitutionality.
According to the Minister of Parliament Affairs and Governance, Fedee will be offered a lateral position at the same terms and conditions. “The matter is under active consideration by the Ministry of the Public Service to find a suitable position,” she assured the Union.
Yarde, in his letter, reminded that under the previous PPP/C regime (1992-2015), the Union had to challenge, on several occasions, this form of executive lawlessness.
“On its resumption of Government since 2nd August 2020, the PPP/C has promised, in its pronouncements, to strive for unity and fairness, the pursuit of jobs and employment for all. Now, this arbitrary act is a reneging of the said commitment given nationally and contributes to an environment that lacks sincerity,” he posited. Yarde wants the decision to terminate Fedee’s services as a Permanent Secretary reversed.
