Opposition Leader Portia Simpson Miller has taken Prime Minister Bruce Golding to court over his recommendation to Governor-General Sir Kenneth Hall for the members of the Public Service Commission (PSC) to be removed from office.
Mrs. Simpson Miller filed an application yesterday in the Supreme Court seeking an injunction to restrain the Prime Minister from recommending to the Governor-General that the members to the PSC be removed from office for misbehaviour. She wants the injunction to remain in force until the members of the PSC are afforded a fair hearing by an independent and impartial tribunal into the allegations of misbehaviour.
The application for an injunction will be heard today in the Supreme Court.
It was reported on Tuesday that, in response to a letter which the Prime Minister sent to the Governor-General on November 26, the Governor-General issued letters of dismissal on Tuesday to the members of the PSC.
Judicial Review sought
The Opposition Leader is also seeking leave to go to the Judicial Review Court for orders to quash the Prime Minister's recommendation to prevent him from making the recommendation. She is contending that the Prime Minister has breached the rules of natural justice by his denial to give the PSC members a fair hearing before making the recommendation to remove them from office.
Some members of the PSC have been serving for 18 years and, in April this year, their five-year term ended and they were reappointed. The Opposition Leader is contending that the members of the PSC were appointed under the Constitution, and their office can only become vacant at the expiration of five years from the date of appointment or if they resigned from office.
The Government and the PSC have been at odds since the PSC recommended in October that Professor Stephen Vasciannie should be appointed as Solicitor General.