Attorney General, Basil Williams said that President David is not bound to appoint a list of persons recommended by the Judicial Service Commission to the position of judge without first ascertaining their fitness and qualification for the office. The AG’s comments were made in a statement issued on Thursday as he responded to charges by the People’s Progressive Party
The party in a statement outlined concerns over the shortage of judges which it says “has been affecting the Administration of Justice to the detriment of our citizens”. “We are aware that there are dire shortages of judges in the judicial system. We are also aware, that the Judicial Service Commission has made recommendations to the President for the appointment of several judges to the High Court and the Court of Appeal several months ago. “But to date no such appointment has been made. A reasonable inference that one can draw is that the nominees of the JSC do not meet the approval of the Executive. This is quite unfortunate because the approval of the Executive of the nominees for the JSC is not a Constitutional requirement.”
The party went on to note that the retirement of Chief Justice Ian Chang (SC) has created quite a void in the judicial system, adding that the Chief Justice was replaced by the Justice of Appeal, Mrs. Yonette Cummings-Edwards, thereby leaving the Court of Appeal, a three-member Court, with only two judges.
“Every time the Court of Appeal sits, a Judge from the High Court is required to leave all of his/her cases in the High Court to go to the Court of Appeal. The consequences are chaotic in the High Court.”
The party also noted that it was under the Donald Ramotar administration that the complement of the judges of the High Court was increased from 12 to 20, specifically, to avoid these types of problems. “We also feel compelled to point out that the work of the crucial Constitutional and Administrative Law Court is severely affected by this situation. This is a specialized Court which was established to exclusively hear and determine, with dispatch, allegations of the citizens’ of constitutional violations and abuse of power by the executive branch and by public officers.”
Parlous
However, Williams said the PPP/C after 23 years has finally admitted to the parlous state it had left the Judiciary on demitting government. He said the judiciary was never a high priority of the PPP/C government except for them seeking to control it. “The Judiciary was not “Independent” because it had no financial independence, until the APNU+AFC Government came to office and passed legislation to effect same. In particular the PPP/C government inflicted a mortal blow on the independence of the Judiciary when it passed legislation to remove the powers hitherto inhering in office of Chief Justice and reposing them in the office of Chancellor. This resulted wittingly or unwittingly in the PPP/C seeking to place their champion in the office of the Chancellor at every meeting of the President and Leader of the Opposition to agree on the appointment of a Chief Justice and Chancellor there being no power in the office of the Chief Justice.”
Secret appointment of judges
According to Williams having removed all the checks and balances necessary to guarantee and an independent and effective judiciary the way was paved for secret, appointments to the bench by the JSC and a PPP/C President who created the distortion in the Judiciary in the first place. Williams said the alleged shortage of judges was not occasioned under the APNU+AFC government which inherited excessive delays in both the civil and criminal jurisdictions and the crippling backlog of cases in all courts. The question therefore is why didn’t the PPP/C government make those appointments while in office?, he asked further asking why now the party appear to have the acuity of a RIP VAN Winkle recently awakened from his slumber?
Crocodile tears
Accusing the PPP/C of shedding crocodile tears, Williams said the courts are functioning now as they were under the PPP/C a year and a half ago when the APNU+AFC took up the helm of government. He said the APNU+AFC Government came to office on the promise to the electorate to restore the Rule of Law in Guyana including transparency in Judicial appointments. “His Excellency, President Brigadier David Arthur Granger while Leader of the opposition had called for vacancies in judicial offices to be advertised so that our judiciary would attract the best possible candidates. The PPP is suggesting that the recommendations of the Judicial Service Commission (JSC) to the President for the appointment of certain Judges after the new government came to office, must be accepted and swiftly acted upon by him. Suffice it to say that the Constitution does not impose a time line on the President to treat with any such recommendation by the JSC and for good reason.” Williams added that the President must have a higher and perpetual retainer in ensuring that the Judges he appoints are fit and proper, and were selected and recommended after a transparent process.
No public advertisement
He said in the case of the said recommendations, they were not triggered by any public advertisement of vacancies in the office of Judges and inviting applications for appointments thereto. “Under the APNU+AFC government the days of handpicking and secret overtures to fill vacancies in the office of Judges are over. The President would be remiss in his duty to the Guyanese people if he were to robotically appoint Judges recommended by the JSC without first ascertaining –the qualifications, suitability, experience, expertise, integrity and absence of nepotism among other considerations,” Williams asserted. He said too that in the case of Justices of Appeal similar considerations apply but in addition, work ethic, the number of judgements written and whether within the statutory time limit. “:The Guyanese people are assured that the President is not in breach of his constitutional duties and is paying careful attention to his remit,” the AG said.