In what was probably President David Granger’s most forceful presentation to the Judiciary, should it be heeded, Guyana is bound to find itself sitting proudlyamong nations where the rule of law reigns supreme. Efforts and recognition by the APNU+AFC Government to create the environment where an independent judiciary can function ought not only to be noted but determinedly pursued.

At  last Wednesday’s installation ceremony for acting Chief Justice Roxanne George-Wiltshire, SC, and Justice Dawn Gregory as Justices  to the Appeal Court, the President said, “The judicature is fundamental to good governance because it protects the people’s rights and prevents the emergence of autocracy.” The appointment of the two justices to this five-man court — now bringing the number to three, which is the minimum requirement to have sittings — is sure to have a positive impact on the society that the wheels of justice will continue to turn in the nation’s highest court.

The judicature is a co-equal branch of government, ranking in equal importance to the legislature and executive. The checks and balances these branches place on each other; their true worth and importance to society and governance can only be felt when they are understanding of their role, and uncompromising in discharging it.  As equal as the executive, it has daily administrative responsibility for the State, guided by the rule of law, and the legislature’s role of oversight of and giving support to the executive through bills and other requirements, the role of the judiciary is to adjudicate the law and serve as the nation’s judicial compass.

As President Granger rightly pointed out at the ceremony, the judicature was set up under the Guyana Constitution to be an independent branch, free of interference from the executive and legislative.  Acceptance of this role will not only see the rightful securing of financial autonomy that came with the Fiscal Management and Accountability (Amendment) Act of 2015, but also moving to ensure daily management is free from the influences and subjugation of the other branches. This, too, was not lost sight of by the President, who noted that the judiciary has a vital role to play in maintaining its own independence.

It is not an unfair statement that the reputation of this branch has come in for questioning and ridicule. Some factors giving rise to this are prolonged acting appointments in the highest offices which lend to impression such are deliberately done by the politicians to keep it under its thumb. Under-staffing, huge backlog of cases, disappearance of case jackets, case deferrals, discontent with the jury system, poor storage and retrieval of records, have contributed to the disenchantment.  Where there have been rulings that have caused society to think decisions were arrived at inconsistent with the rule of law such also feed into negative perception.

Restoring credibility and the people’s confidence require doing the requisite work. Where society sees this branch failing in the discharge of its duty it could createopportunities for the rise of might is right, vigilante justice, and rise of autocratic government.  If prior to Wednesday any reservation was harboured there would be obstruction by the David Granger/Moses Nagamootoo Government in ensuring the restoring of credibility and pinnacle place in society,  there is no need to feel constrained or contained in the inherent noble pursuit. One of the things progressive societies rely on is an efficient and effective judiciary. And while no system is perfect what people desire is the system striving for perfection, instead of settling for or falling into mediocrity. The judiciary must go forward fearlessly discharging its constitutional function and zealously guarding its independence.

It could not be more concisely put than President Granger’s timely reminder that, “Judicial independence acts to prevent the derogation from the rule of law. Respect for the rule of law is the foundation of a law-based society, one which can be sustained only by an independent judiciary.” It is now up to this branch to live up to society’s expectation, and where it is inclined to demonstrate it is so willing to, it inevitability will have the support of the people.