Challenge police promotions in court, Nandlall tells detractors   

The legitimacy of the recent police promotions continues to be debated in some quarters, and Attorney General (AG) Anil Nandlall is advising that those who remain unsatisfied with the government’s reasoning to take the matter to court.

During his weekly Issues in the News segment on Facebook, Nandlall sought to clarify the promotion issue, citing legal provisions that legitimise decisions made by the Police Service Commission (PSC) in the absence of a member, a vacancy, or the presence of an unauthorised individual during proceedings.

Former PSC member Mark Conway passed away in November last year, leaving a vacant seat on the commission. Some individuals argue that the recent promotions are invalid, as they were decided without his contribution—resulting in an incomplete commission.

Nandlall explained that, despite a High Court ruling settling the matter, some continue to challenge the promotions verbally.

He recalled a past case involving the AG’s Chamber and Opposition Leader Aubrey Norton, in which Chief Justice Roxanne George ruled that a service commission could not function lawfully if it was not fully constituted at its inception.

“At the inception, all the members of the commission must be available,” Nandlall clarified. However, in this case, the PSC initially had a full complement of members, and a vacancy only arose after one member passed away.

He further cited Article 226 (3) of the Constitution, which states that a commission may act despite any vacancy, absence, or the presence of an unauthorised individual, and that such factors do not invalidate its decisions or proceedings.

While acknowledging that individuals have the right to hold differing views, Nandlall advised that those who believe the promotions are unlawful should challenge them in court.

“If a person holds a different view, that is not a problem. And if they think it is unlawful, that is also not a problem. They can challenge it in court,” he stated.