Press Release: Required Due Diligence on
Constitutional Appointments.
The appointments of the Chancellor of the Judiciary and Chief Justice have been stagnated for extended periods of time, partly because of the inaction of the Executive Arm of Government and also because of a lack of agreement as stipulated in Article 127 (1) of the Constitution of the Cooperative Republic of Guyana, between the President and the Leader of the Opposition. The position of Chancellor of the Judiciary has been held vacant for seventeen (17) years, since 2005, when the last substantive holder of the post ascended to the Caribbean Courts of Justice. The position of Chief Justice became vacant in 2001, some twenty-one (21) years ago, when the Chief Justice, Hon. Madame Justice Desiree Bernard was appointed Chancellor of the Judiciary. It is ridiculous to contemplate that over these years, politicians on both sides of the political divide could not come to the required constitutional consensus on the most suitable candidates for these important posts, while as time passes there has been a lack of urgency displayed by the Executive Arm of Government on the matter.
It is the view of the Guyana Public Service Union that the President ought to take the lead to engage the Leader of the Opposition on such matters, to enable fruitful interaction and a finding of common ground. These appointments are pivotal and in the interest of good governance. Good governance means that there ought to be no winner takes all positions or decisions.
This is, however, not the case, as the process outlined in the Constitution of the Cooperative Republic of Guyana has deliberately been allowed to languish at the whims and fancies of belligerent and shameless politicians, who even though elected to serve the people, disregards the tenets of good governance and the needs of the populace, while openly satisfying interests of party supporters and colleagues.
These important posts of Chancellor of the Judiciary and Chief Justice are crucial to the maintenance of good governance and balance of power, between the Executive, Judiciary and Legislature. The appointees therefore should not be subservient to the Executive Arm of Government, but to assure the people that justice would be served in every sphere through objectivity, independence and discipline. The lack of substantive Heads of the Judiciary gives an aura of judicial subjugation and manipulation.
Nonetheless, it would appear from its posture on these appointments that the Government is leveraging the vacancies to exert political pressures on acting appointees. Such a situation is unacceptable in a proclaimed democracy and expressly hampers the wellbeing and rights of the people. The absence of substantive holders of these sensitive judicial posts therefore cannot be construed to be in the best interest of the people.
It is appropriate to think that Governments elected to serve the people would do all that is necessary to ensure that such substantive appointments are made in a timely manner. This is sadly not the case, as an unenlightened and self-serving release by the Ali Administration, through its Attorney General and Minister of Legal Affairs, Anil Nandlall, SC, now suggests that the already lengthy delays would be further delayed, until the PPP/C can get their way through Constitutional reform.
This ludicrous imposition of the PPP/C requirements has over the years ruthlessly politicized every arm of Government and now it seeks to lay down measures to infect the Judiciary, through a system, which could potential see it appointing Judicial slaves that would otherwise destroy every element, or the very existence, of justice in the land. Guyanese must stand firm against such intrusion by speaking out against this clandestine plan that has recently been unveiled by the Government.
The Judiciary has been beset by many ills, because of Government’s inaction. For example, its proper functioning has also been disrupted by Government’s failure since the year 2017 to appoint the Judicial Service Commission as it is mandated to do by Article 198 of the Constitution of the Cooperative Republic of Guyana. The Judicial Service Commission is the regulatory arm and basis of appointment of Judges of the High Courts and Appellate Court. As such, the very worrying manifestation is that the Judiciary is unable to meet the operational capacity that is required for the dispensation of justice in a timely manner. Justice delayed is justice denied.
Additionally, the obvious heightened workload of available Judges has resulted in significant delays in the production of written judgements, in breach of the requirements of the Time Limit for Judicial Decisions Act 2009, Act Number. 9/2009. Hypocritically, without accepting that its actions are blameworthy for the situation within the Judiciary, the Executive Arm of Government through the Attorney General and Minister of Legal Affairs has lambasted Judges for circumstances beyond their control.
Further, the tone and content of the message to the Judiciary, as reported in Kaieteur News of October 28, 2022, gave the impression that the Hon. Attorney General and Minister of Legal Affairs viewed his official capacity as a prerogative to being condescending to the Judiciary, in part or as a whole. The cavalier attitude of the Hon. Attorney General and Minister of Legal Affairs towards the Judiciary and jurisprudence generally has caused him to be upbraided most recently by the Caribbean Courts of Justice (CCJ) for breaches of confidentiality, protocol and trust that had its roots in an impending judgement. The recent pontifications on the Judiciary by the Hon. Attorney General and Minister of Legal Affairs begs the question of whether his posture on the issue is as a result of personal aspirations to one or both of the appointments.
The Guyana Public Service Union is, nonetheless, very perturbed by the political motives and recalcitrance of Governments when dealing with Constitutional appointments, which include the Public Service Commission (PSC), which has been inactive since August 2021. The failure to make appointments to the PSC has consequentially affected the operational efficiency and effectiveness of the Public Service, while Government effectively implants its stooges, in breach of the Constitution of the Cooperative Republic of Guyana.
This exacerbates the current plight of the Guyanese people, while a few marches roughshod over the wealth of the population, breaching the Constitution of the Cooperative Republic of Guyana and rule of law that was meant to impose the necessary checks and balances to ensure accountability of Government functionaries. It, therefore, follows that if decision-making by Government continues in its present vein, the Country will continue to suffer, despite its vast resources.
160 Regent Road & Shiv Chanderpaul Drive,
Bourda, Georgetown.
November 10, 2022