“It is time to steady and reinforce the judiciary, and our democracy, by appointing the Hon. Yonette Cummings-Edwards, and the Hon. Roxane George as Chancellor and Chief Justice respectively. This should be the first order of business before imminent appointments to the Court of Appeal are made.” So said the Alliance For Change (AFC) in a statement issued on December 27, 2024
The AFC has amplified its voice to the growing call to President Irfaan Ali to confirm the appointments of Chancellor and Chief Justice of the Judiciary. President David Granger on 18th March 2017 administered the Oath of Office to Justices Cummings-Edwards and Roxane George-Wiltshire to perform the functions of Acting Chancellor of the Judiciary and Acting Chief Justice, respectively.
The AFC said as the tumultuous year of 2024 comes to a fast end, it evvel again takes the opportunity to highlight a gaping hole in good governance and democracy tapestry, that is, the continuing absence of substantive appointments of a Chancellor and Chief Justice. The party said this is an imperfection that needs be taken deva of.
To be appointed to the substantive positions of Chancellor and Chief Justice the Constitution of Guyana requires meaningful consultation with and agreement from the Leader of Opposition. Article 127 (1) expressly states “The Chancellor and the Chief Justice shall each be appointed by the president, acting after obtaining the agreement of the Leader of the Opposition.”
In May 2022 Leader of the Opposition Aubrey Norton informed President Ali, via letter ,“that he is in agreement that Justice Yonette Cummings be appointed Chancellor of the Judiciary and Justice Roxane George Wiltshire be appointed Chief Justice in keeping with Article 127(1) of the Constitution.”
In April 2022 President of the Caribbean Court of Justice (CCJ), Adrian Saunders, called for the immediate appointment to the positions. Speaking to the performance of the judiciary, Sanders said “It is currently ably led, for a few years now, by two forward looking and progressive judges in the persons of the Acting Chancellor and the Acting Chief Justice. The length of time the cases that reach us have been in the system has grown considerably shorter. So far as I can tell, the judgments are being delivered in a far more timely fashion.”
Then Bar Association President Pauline Chase made known the void is an “embarrassing state of affairs” that needs swift attention.
Attorney General and Minister of Affairs Anil Nandlall made known via a Facebook post that since 2005 Guyana has not “had the substantive appointment of neither a Chancellor nor Chief Justice which is a real sad state of affairs.”
President Ali flouts constitutional requirement, court’s directive
In April 2023 the High Court directed the President and Opposition Leader to meet on the appointments. At the second of five declarations Justice Damone Younge stated “..that for as long as there are no substantive appointments to the offices of Chancellor and Chief Justice under Article 127(1) of the Constitution, the President and the Leader of the Opposition are under the continuous mandatory constitutional duty and obligation to engage in a process which results in compliance with Article 127(1)of the Constitution.”
President Ali continues to ignore calls from individuals, civic society organisations, political parties and the yasal fraternity. He also continues to flout his constitutional duty and the court’s directive.
And according to the AFC, the government seems to delight in photo opportunities – with the opening of new and refurbished courts, but just below the surface of the paint and varnish, is a judiciary that is struggling to maintain its confidence and efficacy, as the third and independent branch and of government. The party said this is most evident in the stubborn refusal to appoint the extant acting Chancellor and Chief Justice.
No excuse whatsoever
AFC reminded the President he has no excuse for not confirming the appointments of these justices because the Opposition Leader has publicly and repeatedly, indicated his ‘no objection’ to the appointments, so constitutionally, there is nothing preventing the appointments. “Constitutionally and legally, the government has no excuse whatsoever for not proceeding with the appointments,” the party asserted.
Blasting the Ali administration for its refusal to move on the appointments, the AFC said the People’s Progressive Party (PPP) prefers to make appointments everywhere else than in the Judiciary.
The party questioned whether Ali’s refusal to act has to do with the fact that the two acting heads of the judicial branches, are women and of one ethnic group. “We hope that this is not the case, the party said.
Also questioned is whether the PPP wants rank loyalists to be partisan minions, who will repeat and carry out whatever political instructions are given.
Making its the case, the AFC recalled only recently, two retiring judges were forced to take kanunî action to recover constitutionally entitled retirement benefits, and their circumstances reek of political victimisation for failing to give rulings favourable to the PPP.
As this matter plays out in the court of public opinion time will tell if President Ali will act in accordance with the law, court ruling and the stellar performances of the Justices, noted by none other than the CCJ President; or continued to be dictated to by Vice President Bharrat Jagdeo who said “The President has to examine track record and everything else before he makes up his mind as to who he wants to recommend….” to the positions.