Press Release: Termination of CANU officers is a private law dispute: High Court shuts door on judicial review

The High Court today dismissed a judicial review application filed by a former Intelligence Officer attached to the Customs Anti-Narcotic Unit (CANU), challenging the termination of his employment.

In 2023, Mr Stephon John entered into a fixed-term contract with the Government of Guyana for a period of service attached to CANU. Mr John’s contract was recommended for termination with cause by the acting head of CANU. The termination was effected by the Permanent Secretary of the Ministry of Home Affairs on behalf of the Government.

Mr John, through his Attorney-at-Law, Darren Wade, brought proceedings seeking judicial review of the decision and argued that his appointment constituted a public office and that the nature of his duties engaged public law considerations, thereby making the termination amenable to judicial review.

The State argued that the relationship between the parties was governed by contract and therefore at its highest gave rise to a private law employment dispute. It was argued that the decision to terminate the contract did not involve the exercise of statutory or constitutional power and was not subject to judicial review.

The Honourable Chief Justice (Ag.) Navindra Singh upheld the submissions made on behalf of the State and dismissed the application.

In summary, the Court held:

• where a private individual is employed by the Government under a contract, the relationship is generally contractual in nature rather than public law;
• such employment will only attract public law remedies if the appointment:
  • is made under the Constitution;
  • is made by the Public Service Commission; or
  • is governed by a Statute that prescribes a mandatory procedure for termination.

The Hon. Chief Justice (ag.) concluded that Mr John’s employment did not fall within these categories and that the dispute was therefore not amenable to judicial review.  

The State was represented by the Hon. Mohabir Anil Nandlall, SC, MP, Attorney General and Minister of Legal Affairs, Gaitree Ramona Rookhum, Assistant Solicitor General, and Ron K. Austin, State Counsel.