In Parliament…
ATTORNEY General and Minister of Legal Affairs, Mr. Charles Ramson successfully piloted the Judicial Service Commission (JSC) rules through the National Assembly on Thursday.
He said they are expected to change the paradigm of operations in the Judicial Service.
However, even with support for the motion from the Opposition in the House, concerns were expressed over the autonomy of the body and the independent management of its finances, as well as the assumption that pressure from donor agencies was the reason for the Parliament debate.
Ramson, in his presentation, explained that the set of rules is a ‘history making first’ for the JSC, addressing its work in an expanded way.
The conditions cover the conduct of members of the Judicial Service, leave of absence for officers, training and career development, salaries, allowances and financial benefits, pensions, gratuities and other retirement benefits and discipline of public officers.
According to Ramson, all were signed by the Chairman of the JSC and the entire process was done by the Judiciary.
He said it was encouraged by the Government, but it played a minimal role, except that facilitating the process.
Alliance for Change (AFC) Member of Parliament (MP), Mr. Khemraj Ramjattan gave his party’s backing but contended that the measure only went to the House because of donor pressure.
People’s Progressive Party/Civic (PPP/C) MP, Mr. Anil Nandlall dismissed, as inaccurate, the assumption by the Opposition that the current Administration took legislative action because of donor pressure.
He said the Government, in 2005, made a commitment, to the Guyanese people, to advance the development of their welfare in both the security and judicial sectors.
Nandlall said the Government initiates reforms and then approaches donor agencies for funding, so they can become a reality.
The PPP/C legislator emphasised that it is the current Administration which identifies areas of reform, infrastructural works to be done and the institutional strengthening needed.

INACCURATE

Nandlall maintained it is inaccurate to say pressure from donor agencies is the reason for the enacting and stated that this, like many other legislative advances, is an initiative of the Government.
Ramjattan questioned the independence of the judicial arm of government, expressly in light of the fact that it does not have the autonomy to address the administration of its finances.
Nandlall responded by pointing out that the management of the Judiciary’s finances is being done as stipulated in the Constitution, through the Consolidated Fund.
He said, despite the fact that the Judiciary does not administer its finances, there are systems in place to ensure that it is not influenced in any way.
“This was not the case before 1992,” Nandlall claimed.
He said Guyana’s governance model is, like the Westminster system, a democratic parliamentary type of government modelled after the politics of the United Kingdom (UK) and the Judiciary is independent of the Executive and the Parliament.
To maintain this autonomy, Nandlall said the Judiciary has the power to administer its affairs and the Government has made other amendments in the laws to enhance those powers.
He said the present Administration recognises that there are areas of need and has placed and will continue to enforce mechanisms aimed at institutional strengthening.
Ramjattan insisted that there needs to be an addition to give independent financial administration to the JSC and the Speaker, Mr. Ralph Ramkarran intervened to explain that the JSC rules cannot accommodate definition of a constitutional provision.
Ramjattan, continuing his argument, asserted that, while the rules are useful, there is need for their enforcement, in light of the fact that, more often than not, such stipulations have use only in the law books.
He suggested that a similar code of conduct be set for Government Ministers.
Nandlall rejoined to add that the rules ensure the Judiciary remains fair and impartial, all in a continuing effort to assure superior quality justice for the people of Guyana.