Opposition Leader Portia Simpson Miller is arguing that the revocation of the appointment of the members of the Public Service Commission (PSC) does not nullify the recommendation made by the PSC to appoint Prof. p>Despite this however, secretary to the Governor-General, Rosemarie Gibbs, told The Gleaner yesterday that the recommendation that Prof. Vasciannie be appointed does in fact become "null and void".

But Mrs. Simpson Miller, who broke her silence on the issue yesterday, said despite the termination of the appointment of the PSC members, the Governor-General was obliged to act on its recommendations. The Opposition Leader said: "We, therefore, await his action."

She said the refusal to appoint Professor Vasciannie was "contrary to the oaths that we have taken to uphold the provisions of the Constitution of Jamaica. This is not an inclusive approach. This is a constitutional crisis that can only serve to divide the Jamaican family even further."

Return of file to PSC

Mrs. Gibbs contended, however, that the recommendation submitted by the former members of the PSC could only be valid if the file was not returned to them.

Asked whether the Governor-General had returned the file to the PSC, Mrs. Gibbs said she would not provide an answer to that query.

However Dr. Alfred Sangster, a former member of the PSC, told The Gleaner that the Governor-General had sent the file back to the commission.

Prime Minister Bruce Golding has indicated that he would shortly be consulting with the Leader of the Opposition on the appointment of a new commission.

A legal luminary told The Gleaner on Thursday that, because the Prime Minister's recommendation to axe the members of the PSC preceded the injunction granted to Mrs. Simpson Miller by the court to stay that decision, there was nothing preventing Mr. Golding from recommending the appointment of a new commission.