Parliamentarian for the A Partnership for National Unity (APNU), Terrence Campbell, has filed legal proceedings in the High Court seeking judicial review and constitutional relief over what he says were unconstitutional appointments to the Teaching Service Commission (TSC) made in the absence of an elected Leader of the Opposition.
In a statement on Tuesday, Campbell, the APNU parliamentary lead, said he filed a Fixed Date Application “in the public interest,” arguing that the appointments breach Article 207 of the Constitution, which outlines the process for appointing members of the TSC.
President Dr. Irfaan Ali, in December last, swore in seven members of the Commission. The Head of State noted that the Commission was necessary, as any further delay would significantly hinder promotions, appointments, and retirements for thousands of teachers.
However, Campbell contends that the Constitution requires “meaningful consultation” with the Leader of the Opposition as a safeguard to ensure balance, independence and inclusivity in the commission.
He maintains that the President’s appointment of three members to the TSC, despite the ongoing vacancy in the Office of the Leader of the Opposition, amounted to a circumvention of that requirement.
“The absence of a Leader of the Opposition does not provide the President with the authority to override or dispense with this constitutional safeguard,” Campbell said, adding that he was advised the consultation requirement under Article 207(2)(d) must be satisfied before appointments are made.
The APNU MP also took aim at what he described as prolonged inaction by constitutional actors in addressing the vacancy, naming the President, the Speaker and Deputy Speaker, and government ministers and MPs as among those who have “tolerated and maintained” the situation.
He said there is no public record showing that those officials encouraged the Speaker to convene the meeting required for non-government MPs to elect a new Leader of the Opposition.
Campbell further cited a February 3, 2022, statement attributed to Vice President Bharrat Jagdeo, in which Jagdeo said the government anticipated having all service commissions in place after a new Opposition Leader was elected.
Campbell argued that the present appointments, therefore, also run contrary to what he described as the government’s previously expressed policy position.
The legal challenge, Campbell said, seeks to have the High Court quash the appointments and prevent what he warned would be a precedent that could weaken Guyana’s constitutional framework and parliamentary democracy.
He also urged citizens to support “robust parliamentary participation” and oppose actions that, in his view, erode constitutional rights.
