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Georgetown, Guyana (Credible Sources) – Former Assistant Commissioner of Police Clinton Conway has publicly challenged the legality of the current Police Service Commission (PSC) and its recent promotions, citing a constitutional requirement for the Commission to be fully constituted before making decisions.
In a letter published in today’s press, Conway argued that the PSC, which currently has only four members following the passing of Mark Conway, is not lawfully constituted. He referenced Article 210 (1) of the Constitution, which mandates that the PSC “shall consist of five members.” He stated, “It is clear that in order for the Commission to perform any functions… all five members must be appointed.”
Conway also pointed to a ruling by Acting Chief Justice Roxane George in a case brought by Opposition Leader Aubrey Norton, which declared that the PSC must be fully constituted to exercise its powers. He quoted paragraph 116 (6) of her written decision: “It is hereby declared that in order for the Police Service Commission to exercise any powers, functions or other duties conferred on it by the Constitution of Guyana, it is a mandatory requirement” that all members be appointed.
Attorney General Anil Nandlall, in his recent Issues in the News segment, maintained that the PSC’s promotions were lawful. He dismissed opposing views as “rooted in ignorance and a misinterpretation” of the Chief Justice’s ruling, arguing that “the death of a member merely created a vacancy which does not invalidate the Commission’s authority.” However, Conway rejected this position, stating that he found no constitutional provision allowing the PSC to function with an unfilled vacancy.
In closing, Conway called on the Attorney General to cite the specific constitutional article that empowers the PSC to operate after the death of a member, emphasizing, “Whenever a vacancy exists for a member, the Commission is on pause until the vacancy is filled. It is simple common sense.”
