AG backs equal opportunity for judges

The Court of Appeal yesterday heard the landmark case over the scope of the law which has been making its way through the court system for the last two years.

The Ministry of the Attorney General, in written submissions filed in the case in February, called on the Court of Appeal to preserve the judge’s ruling.

“The days of he who pays the piper calls the tune are long over, and has no place in a public sector which is striving to be administered in accordance with the democratic principles to which other institutions and indeed the citizenry at large aspire,” said Senior Counsel Avory Sinanan.

A panel comprising Justices of Appeal Nolan Bereaux, Judith Jones and Peter Rajkumar reserved judgment.

The case has come about as a result of a disagreement between the Director of Personnel Administration (DPA) and the Equal Opportunities Commission (EOC).

Over the years, the EOC and the service commissions have disagreed on the question of whether this country’s anti-discrimination statute applies to the Public Service. As a result, in 2014, the EOC asked the High Court to resolve the question of how the law should be interpreted once and for all.

In action CV 2014-00477, the EOC – represented by attorneys Haran Ramakaransingh and Aleyya Gafoor-Ali – asked a judge to rule on whether the definition of “employer” under the law includes the Public Service Commission, the Police Service Commission and the Teaching Service Commission.

Because these commissions work in more or less the same way as the Judicial and Legal Service Commission (JLSC) – which appoints, promotes, transfers and disciplines judges – the court has expressed the view that the anti-discrimination law could also extend to cover the JLSC’s practices.

The Court of Appeal will have to determine whether High Court Justice Ronnie Boodoosingh was correct to rule that the commissions fall under the anti- discrimination law. Appearing in the case for the DPA was Russell Martineau SC.