Judicial Service Commission

Judicial Service Commission

- Constitution of Guyana

Judicial Service Commission

TITLE 7
198. (1) The members of the Judicial Service Commission shall be––

(a) the Chancellor, who shall be Chairman;
(b) the Chief Justice;
(c) the Chairman of the Public Service Commission; and
(d) such other members (hereinafter referred to as "appointed members") as may be appointed in accordance with the provisions of the next following paragraph.

(3) The appointed members shall be appointed by the President, acting after consultation with the Minority Leader, as follows, that is to say––

(a) one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and

(b) not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the President has also consulted such bodies as appear to him represent attorneys-at-law in Guyana:

Provided that a person shall be disqualified for appointment as a member of the Commission if he is a public officer.

(3) Subject to the provisions of the next following paragraph, the office of an appointed member of the Judicial Service Commission shall become vacant––

(a) at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or

(b) if he is appointed to the office of Chancellor, Chief Justice or Chairman of the Public Service Commission or of the Teaching Service Commission or if he becomes a public officer.

(4) The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Judicial Service Commission , and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister and the Chancellor respectively.

(5) If the office of an appointed member is vacant or an appointed member is for any reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of paragraph (2) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed to act in the office of an appointed member shall, subject to the provisions of paragraphs (3) (b) abd (4), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.

(6) A person shall not, while he holds or is acting in the office of a member appointed under paragraph (2) (b), or within period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this Constitution in the President acting in accordance with the advice of the Judicial Service Commission or in that Commission.

(7) If, by virtue of provision made by Parliament under article 199 (3) or article 203 (6). power to make appointments to or to act in any office or to remove or exercise disciplinary control over persons holding or acting in any office is vested in the President acting in accordance with the advice of the Judicial Service Commission or is vested in the Judicial Service Commission, Parliament may provide for the inclusion in the Commission, for the purpose of the exercise of any function or power vested in the Commission by virtue of that provision and of any proceedings of the Commission relating thereto, of members additional to those mentioned in paragraph (1) and for the appointment (including disqualifications for appointment) and tenure of office of such additional members; and provision for the inclusion of different additional members may be made in relation to functions or powers vested in the Commission as aforesaid in relation to different offices.

199. (1) The power to make appointments to the offices to which this article applies and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Judicial Service Commission.

(2) The Judicial Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more of its members or to any person holing or acting in an office in respect of which power to make appointments vested in the President acting in accordance with the advice of the Commission or to which this article applies.

(3) This article applies to the office of Commissioner of Title, Magistrate and to such other offices (not being offices in respect of which provision for the making of appointments is made by any provision of this Constitution other than article 201) connected with the courts of Guyana or for appointment to which legal qualifications are required as may be prescribed by Parliament.

The Public Service Commission

200. (1) The Public Service Commission shall consist of not less than five and not more than six members who shall be appointed as follows, that is to say––

(a) three members appointed by the President acting after consultation with the Minority Leader;
(b) two members appointed by the President acting after he has consulted such bodies as appear to him to represent public officers or classes of public officers; and
(c) if the President deems fit, one other member appointed by the President acting in accordance with his own deliberate judgment:

Provided that a person shall be disqualified for appointment as a member of the Commission if he is a public officer.

(2) A Chairman and a Deputy Chairman of the Public Service Commission shall be appointed from among the members appointed under subparagraphs (a) and (b) of the preceding paragraph. The appointments shall be made by the President acting after consultation with the Minority Leader and, in the case of the Deputy Chairman, acting also after consultation with such bodies as appear to him to represent public officers or classes of public officers.

(3) Subject to the provisions of the next following paragraph, the office of a member of the Public Service Commission shall become vacant at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed.

(4) The provisions of article 225 (which relate to removal from office) shall apply to the office of a member of the Public Service Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister except that, in relation to a member other than the Chairman or a member for the time being acting in the office of Chairman under the next following paragraph, the prescribed authority for the purposes of the said paragraph (6) shall be the Chairman.

(5) If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then the holder of the office of Deputy Chairman, or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of Chairman, such one of the other members as the President, acting after consultation with the Minority Leader, may appoint shall act in the office of Chairman and has assumed the functions of that office or, as the case may be, until the Chairman, or if a member other than the Deputy Chairman has assumed or resumed those functions.

(6) If the office of a member of the Public Service Commission other than the Chairman is vacant or if the holder thereof is acting as Chairman under the preceding paragraph or is for any other reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of paragraph (1) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (4), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.

(7) A person shall not, while he holds or is acting in the office of a member of the Public Service Commission or within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this Constitution in the President acting in accordance with the advice of the Public Service Commission or in that Commission.

201. (1) Subject to the provisions of this Constitution, the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.

(2) The Public Service Commission may, be directions in writing subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer, or, in relation to any office on the staff of the Clerk of the National Assembly, to the Clerk.

(3) No person shall be appointed under this article to or to act in any office on the personal staff of the President except with the concurrence of the President.

(4) Before the Public Service Commission or any member or officer exercising powers under this article appoints to or to act in any public office any person who holds or is acting in any office power to make appointments to which is vested under this Constitution in the Judicial or the Teaching or the Police Service Commission, the Public Service Commission or that member or officer shall consult with the Commission in which that power is vested.

(5) Before the Public Service Commission or any member thereof exercises any of the powers mentioned in paragraph (1) in relation to any office on the staff of the Clerk of the National Assembly (other than the Deputy Clerk) or any person holding or acting in such an office, the Commission or that member shall consult the Clerk.

(6) A public officer shall not be removed from office or subjected to any other punishment under this article on the grounds of any act committed by him in the exercise of a judicial function conferred on him unless the Judicial Service Commission concurs therein.

(7) The provisions of this article shall not apply in relation to any of the following offices, that is to say––

(a) the office of Director of Public Prosecutions;
(b) the office of Auditor General;
(c) any office to which article 205 applies;
(d) so far as they relate to power to make appointments on transfer, any office to which article 206 applies;
(e) any office to which article 199 (relating to offices within the jurisdiction of the Judicial Service Commission) applies;
(f) any office to which article 209 (relating to offices within the jurisdiction of the Teaching Service Commission) applies; or
(g) the office of Commissioner of Police or any other office in the Police Force.

202. (1) Where any power of the Public Service Commission is exercised under article 201 (2) any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to the Commission from the decision of the person exercising the power.

(2) The decision of the Public Service Commission on any appeal made under paragraph (1) shall be final.

203. (1) The Director of Public Prosecutions (in his article referred to as 'the Director") shall be appointed by the President acting in accordance with the advice of the Public Service Commission tendered after the Commission has consulted the Prime Minister.

(2) If the office of the Director is vacant or if the holder thereof is for any reason unable to perform the functions thereof, the President, acting in accordance with the advice of the Public Service Commission, tendered as aforesaid, may appoint a person to act in the office of the Director, and any person so appointed shall, subject to the provisions of paragraphs (4) and (5), continue to act until a person has been appointed to the office of the Director and has assumed the functions of that office or, as the case may be, until the holder thereof has resumed those functions.

(3) A person shall not be qualified to be appointed to hold or to act in the office of the Director unless he is qualified to be appointed as a Puisne Judge of the High Court.

(4) Subject to the provisions of the next paragraph, the Director shall vacate his office when he attains the age of sixty years:

Provided that the President, acting after consultation with the Minority Leader, may permit a Director who has attained the age of sixty years to continue in office until he has attained such later age, not exceeding sixty-five years, as may (before the Director has attained the age of sixty years) have been agreed with the Director.

(5) The provisions of article 225 (which relate to removal from office) shall apply to the office of the director, and the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime Minister or the Chairman of the Public Service Commission and for the purposes of paragraph (60 of that article shall be the Public Service Commission.

(6) Parliament may provide that appointments to, or to act in , the office of the Director shall be made by the President acting in accordance with the advice of the Judicial Service Commission instead of the Public Minister or the Chairman of the Public Service Commission in paragraphs (1), (2) and (5) of this article shall have effect as if they were references to the Judicial Service Commission.

204. (1) The Auditor General shall be appointed by the President, acting in accordance with the advice of the Public Service Commission.

(2) If the office of Auditor General is vacant or the holder of the office is for any reason unable to perform the functions thereof, the President, acting in accordance with the advice of the Public Service Commission, may appoint a person to act in the office, and any person so appointed shall, subject to the provisions of paragraphs (3) and (4), continue to act until a person has been appointed to the office of the Auditor General and has assumed the functions of that office or, as the case may be, until the holder thereof has resumed those functions.

(3) Subject to the provisions of the next following paragraph, the Auditor General shall vacate his office when he attains such age as may be prescribed by Parliament.

(4) The provisions of article 225 (which relate to removal from office) shall apply to the office of Auditor General, and the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime minister or the Chairman of the Public Service Commission and for the purposes of paragraph (6) of that article shall be the Public Service Commission.

205. (1) The power to make appointments to the offices to which this article applies and to remove from office persons holding or acting in such offices shall vest in the President.

(2) Before making an appointment under paragraph (1) in favour of any person who holds any public office other than an office to which this article applies, the president shall consult the appropriate Commission.

(3) The offices to which this article applies are the offices of Solicitor General, Permanent Secretary, Secretary to the Cabinet, Ambassador, High Commissioner or other principal representative of Guyana in any other country or accredited to any international organisation.

(4) In paragraph (2) of this article "the appropriate Commission" means, in the case of a person who holds an office power to make appointments to which is vested in the President acting in accordance with the advice of he Judicial Service Commission or is vested in that Commission, the Judicial Service Commission, in the case of a person who is a teacher in the public service, the Teaching Service Commission, in the case of a person who holds an office power to make appointments to which is vested in the President actin gin accordance with the advice of the Police Service Commission, and in any other case the Public Service Commission.

206. (1) The power to make appointments on transfer to the offices to which this article applies shall vest in the President.

(2) The offices to which this article applies are––

(a) offices (other than those to which the preceding article applies) the holders of which are required to reside outside Guyana for the proper discharge of their functions; and
(b) such offices in the department responsible for the external affairs of Guyana as may from time to time be designated by the President.

The Teaching Service Commission

207. (1) The Teaching Service Commission shall consist of a Chairman and not more than six other members.

(2) Six of the members of the Commission (hereinafter referred to as "appointed members") shall be appointed as follows––

(a) one person appointed as Chairman of the Commission by the President acting after consultation with such bodies as appear to him to represent teachers;
(b) one person appointed by the President on the nomination of the Guyana Teachers' Association;
(c) one person nominated for appointment by the Minister assigned responsibility for local government after that Minister has consulted with such body as appears to him to represent the interests of local democratic organs; and (d) three persons appointed to the President.

(3) The other member of the Commission shall be the Chief Education Officer.

(4) A Deputy Chairman of the Commission shall be appointed by the President from among the appointed members.

(5) A person shall be disqualified for appointment as an appointed member of the Commission if––

(a) he is a public officer; or
(b) he is a teacher in the public service.

(6) A person shall not while he is holding or is acting in the office of a member of the Commission or within three years commencing with the date on which he last held or acted in that office be eligible for appointment as a teacher in the public service.

(7) The Chairman, the Deputy Chairman and one other member designated as such in the instrument appointing him shall be full-time members of the Commission.

(8) The president may grant leave of absence to any appointed member of the Commission.

(9) An appointed member of the Commission may at any time resign his office as such member by writing under his hand addressed to the President.

(10) An appointed member of the Commission shall be eligible for re-appointment.

208. (1) Subject to the provisions of this article, the office of an appointed member of the Commission shall become vacant at the expiration of three years from the date of his appointment at such earlier time as may be specified in the instrument by which he was appointed.

(2) The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Teaching Service Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister, except that, in relation to a member other than the Chairman of the Commission or a member for the time being acting in the office of Chairman, the prescribed authority for the purposes of the said paragraph (6) shall be the Chairman of the Commission.

(3) The provisions of paragraph (2) shall be without prejudice to the power of the President to revoke the appointment of a member of the Commission appointed under paragraph (2) (b) of article 207 on a request being made for such revocation to the President by the Guyana Teachers' Association.

209. Subject to the provisions of this Constitution, the power to appoint persons as teachers in the public service and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Teaching Service Commission.

The Police Service Commission

210. (1) The Police Service Commission shall consist of––

(a) a Chairman appointed by the President acting after consultation with the Minority Leader from among members appointed under subparagraph (d);
(b) the Chairman of the Public Service Commission;
(c) one person appointed by the President after consultation with such body as appears to him to represent the majority of members of the Police Force; and
(d) not more than three members exclusive of the Chairman of the Public Service Commission (in this article referred to a "appointed members") who shall be appointed by the President acting after consultation with the Minority Leader:

Provided that a person shall be disqualified for appointment as a member of the Commission if he is a public officer.

(2) Subject to the provisions of the next following paragraph, the office of an appointed member of the Police Service Commission shall become vacant at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed.

(3) The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Police Service Commission. In the case of an appointed member other than the Chairman, the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime Minister or the Chairman and for the purposes of paragraph (6) of that article shall be the Chairman. In the case of the Chairman the prescribed authority for the purposes of paragraphs (4) and (6) of article 225 shall be the Prime Minister.

(4) If the office of an appointed member of the Police Service Commission is vacant or if the holder thereof is for any reason unable to perform the function s of his office, the President, acting after consultation with the Minority Leader, may appoint a person who is qualified to be appointed as a member of the Commission to act in that office: and any person so appointed shall, subject to the provisions of paragraph (3), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.

(5) A person shall not, while he holds or is acting in the office of an appointed member of the Police Service Commission or within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any public office.

211.(1) Th e Commission of Police and every Deputy Commissioner of Police shall be appointed by the President acting after consultation with the Police Service Commission.

(2) If the office of Commissioner of Police is vacant or if the holder thereof is for any reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of the preceding paragraph shall apply to such an appointment as they apply to the appointment of a person to hold that office; and any person appointed to act in the office of Commissioner of Police shall, subject to the provisions of paragraphs (3) and (4), continue to act until a person has been appointed to that office and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.

(3) Subject to the provisions of the next following paragraph, the Commissioner of Police shall vacate his office when he attains such age as may be prescribed by Parliament.

(4) The provisions of article 225 (which relate to removal from office) shall apply to the office o f Commissioner of Police, and the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime Minister or the Chairman of the Police Service Commission and for the purposes of paragraph (6) of that article shall be the Police Service Commission.

(5) The provisions of article 229 shall apply to resignation from the office of Commissioner of Police as they apply to resignation from an office established by this Constitution.

(6) In this article references to the office of Deputy Commissioner of Police are references to the office, however styled, that ranks next in seniority in the Police Force after the office of Commissioner of Police, provided that there may be more than one office of Deputy Commissioner of Police and that, if there are more than one such office, the holders thereof shall rank among themselves according to the dates of their respective appointments.

212. (1) Subject to the provisions of article 211 (1), the power to make appointments to any offices in the Police Force of or above the rank of Inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Police Service Commission.

(2) The Police Service Commission may, by directions in writing and subject to such conditions as it thinks fir, delegate many of its powers under the preceding paragraph to any one or more members of the Commission or to the Commissioner of Police or, in the case of the power to exercise disciplinary control, to any other member of the Police Force.

(3) The power to make appointments to any offices in the Police Force below the rank of Inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Commissioner of Police.

(4) The Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under the preceding paragraph to any other member of the Police Force.

(5) Parliament may provide that, where the power to exercise disciplinary control over any member of the Police Force (including the power to remove him from office) has been exercised under this article by any person (hereinafter referred to as "the disciplinary authority") other than the Police Service Commission, the member of the Police Force in respect of whom it was exercised may appeal from the decision of the disciplinary authority to the Police Service Commission:

Provided that Parliament or, in the case of a decision of the disciplinary authority that is made in the exercise of a power delegated to that authority that is made in the exercise of a power delegate to that authority under the preceding paragraph, the Commissioner of Police may require appeals to be made to the Commissioner of Police or a member of the Police Force of higher rank than the disciplinary authority before they are made to the Police service Commission.

(6) Parliament may make provision with respect to offences against Police Force discipline and the punishment that may be imposed for any such offence, and any power to exercise disciplinary control (including any power to remove a person from office or to determine an appeal from a decision to exercise such a power that is exercisable by any person or authority under the provisions of this article shall be exercised in accordance with any such provision.

(7) Before the Police Service Commission or any member of the Commission or of the Police Force exercising powers under this article appoints to or to act in a notice in the Police Force any person who holds or is acting in any office power to make appointments to which is vested under this Constitution in the Judicial, the Public or the Teaching Service Commission, the Police Service Commission or that member shall consult the Commission in which that power in vested.

(8) If provision is made by or under any law––

(a) altering the ranks into which the Police Force established b the Police Act, is divided; or
(b) establishing a police force other than that Police Force, or altering the ranks into which any such other police force is divided,

The Police Service Commission may be order specify some rank (other than the rank of Inspector) in the Police Force or, as the case may be, in that other police force as being equivalent to the rank of Inspector as it exists in the Police Force under the law in force immediately before the commencement of this Constitution and the references in paragraphs (1) and (3) to the rank of Inspector shall then be construed as if they were, in relation to the Police Force, or, as the case may be, in relation to that other police force, references to the rank for the time being so specified.

Pensions

213. (1) Subject to the provisions of the next following article, the law applicable to any benefits to which this article applies shall, in relation to any person who has been granted, or who is eligible for the grant or, such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.

(2) In the preceding paragraph "the relevant date" means––

(a) in relation to any benefits granted before the commencement of this Constitution the date on which those benefits were granted;
(b) in relation to any benefits granted or to be granted after the commencement of this Constitution to or in respect of any person who was a public officer before such commencement, the day immediately receding such commencement; and
(c) in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer after the commencement of this Constitution, the date on which he becomes a public officer.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this article, be deemed to be more favourable to him than the other law or laws.

(4) Any benefit to which this article applies (not being a benefit that is a charge upon some other public funds of Guyana) shall be a charge upon the Consolidated Fund.

(5) In this article references to the law applicable to any benefits to which this article applies include (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.

214. (1) Where under any law any person or authority has a discretion––

(a) to decide whether or not any benefits to which this article applies shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted,

those benefits shall be granted any may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(2) Where the amount of any benefits to which this article applies that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the appropriated Commission concurs in his being granted benefits of a smaller amount.

(3) The appropriate Commission shall not concur under paragraph (1) or paragraph (2) in action taken on the ground that any person who holds or has held the office of a Judge of the Supreme Court of Judicature, Director of Public Prosecutions, Auditor General or Commissioner of Police has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour.

(4) In this article "the appropriate Commission" means––

(a) in the case of benefits for which any person may be eligible or that have been granted in respect of the service in the public service of a person who, immediately before he ceased to be a public officer––

(i) was a Judge of the Supreme Court of Judicature, or was the Director of Public Prosecutions and provision was then in force under article 203(6), or was subject to the disciplinary control of the Judicial Service Commission, the Judicial Service Commission;
(ii) was a teacher in the public service, the Teaching Service Commission;
(iii) was the Commissioner of Police or other member of the Police Force, the Police Service Commission; and

(b) in any other case, the Public Service Commission.

215. (1) The preceding two articles apply to any benefits that are or may become payable under any law providing for the grant of pensions, compensation, gratuities or other like allowances to persons in respect of their service as public officers or to the widows, children, dependents or personal representatives of such persons in respect of such service.

(2) The said two articles and paragraph (1) of this article shall have effect as if service as a Judge of the Supreme Court of Judicature or as the Clerk or Deputy Clerk or the National Assembly were service in the public service.


Basic Law of Guyana

Preamble
The State And The Constitution
Priniples And Bases Of The Political, Economic And Social System
Fundamental Rights and Freedoms of the Individual
Citizenship
Supreme Organs of Democratic Power
Composition Of Parliament
Elections
Powers and Procedure of Parliament
Local Democracy
Local Democratic Organs
The National Congress of Local Democratic Organs
The Supreme Congress of the People
The President
The Executive
The Judicature
The Supreme Court of the Judicature
Judges of the Supreme Court of Judicature
Appeals
The Service of Commissions
Protection of Fundamental Rights and Freedoms of the Individual
Parliament
The Supreme Congress Of The People
The President
Minister, Etc.
The Ombudsman
The Judicature
The Service Commissions
The Judicial Service Commission
The Police Service Commission
Pensions
Finance
Miscellaneous
Interpretation

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