Never before in the country's history has there been so much uncertainty on the process to appoint a Commissioner of Police (CoP).

Thursday's court ruling on an interpretation summons governing the process to appoint someone to act as CoP has provided clarity on one important issue – the House of Representatives must approve any candidate recommended by the Police Service Commission (PSC).

There have been numerous attempts to change the process for the appointment of a CoP and deputy commissioners of police over the years all aimed at making the process simpler and insulated from political interference.

Now that President Paula-Mae Weekes has found two suitable candidates – retired judge Judith Jones and management consultant Maxine Attong – to be considered as members of a new PSC there seems to be a semblance of certainty on the way forward. A third candidate must be found for a quorum to make the PSC effective.

Once approved, the new PSC members first order of business would be to appoint an acting CoP but that can only be done if Parliament approves new subsidiary legislation governing the process.

That would mean the Attorney General will have to table a new legal order which will make it mandatory for the PSC to submit an Order of Merit list for acting appointments to the President who in turn must transmit it to the House of Representatives for approval.

This is in keeping with the ruling of Justice Nadia Kangaloo who struck down the previous process as prescribed in the Commissioner of Police and Deputy Commissioner of Police (Acting Appointments) (Selection Process) Order of 2009 as unconstitutional as it is contrary to Section 123 of the Constitution.

Section 123(1)(a) of the Constitution gives the PSC the power to appoint a substantive of temporary CoP or deputy commissioner and Sections 123(2) to (5) spells out the procedure which mandates the PSC to prepare a list of suitable candidates and submit it to the President who in turn shall prepare a notification for each candidate and submit same to the House of Representatives.

Only after the House of Representatives approves the notification can the PSC appoint the office-holder to the substantive or temporary position.

[caption id="attachment_919321" align="alignnone" width="461"] Justice Nadia Kangaloo. -[/caption]

Justice Kangaloo also examined a clause in yet another legal order governing the process to appoint a CoP or deputy commissioner which was approved by the Government on June 17, which for the first time created a new category of a potential candidate – someone who was "previously on contract" to be appointed to act as CoP of deputy commissioner pending the filling of the vacancy by a substantive office-holder.

She ruled that paragraph four of the 2021 Order was unnecessary in light of her ruling on the legality of 2009 Order and similarly should also be struck out.

Simply put, the PSC has to follow the same procedure to appoint an acting CoP or deputy commissioner by following the process as though it was appointing