…finds favour with candidates for Integrity Commission
Opposition Leader, Bharrat Jagdeo has rejected President David Granger’s nominees for the two top judicial appointments here, saying that after requisite due diligence he is unable to offer his support to either candidate. He has however found favour with the four nominees put forward to sit on the Integrity Commission. The nominees for this constitutional body have not been made public.
President Granger had nominated Justice Kenneth Andrew Charles Benjamin as Chancellor of the Judiciary and Madam Justice Yonette Decina Cummings-Edwards as Chief Justice following recommendations from a panel of eminent jurists who had conducted interviews with a number of candidates for the posts. Guyana Constitution provides for full agreement between the President and Opposition for the appointment of both the Chancellor and Chief Justice.
Now with Jagdeo’s rejection of the nominees, President Granger can go ahead and appoint them in acting positions as provided for in the constitution or maintain the status quo, with Cummings-Edwards as acting chancellor and Justice Roxanne George-Wiltshire the acting Chief Justice. The Opposition Leader has said that he is committed to continuing the search for suitable nominees.
Jagdeo’s office on Wednesday released three letters which were dispatched to the Ministry of the Presidency one of which dealt with the appointment of the Chancellor and Chief Justice in accordance with Article 127 (1) of the Constitution of the Cooperative Republic of Guyana. In his missive the opposition leader said: ”Pursuant to our meeting held on January 3rd 2018, I have duly considered the two (2) nominees for whom you seek my agreement for appointment as Chancellor of the Judiciary and Chief Justice, respectively, in accordance with Article 127 (1) of the Constitution of the Cooperative Republic of Guyana.” He added: “As promised, I have done the requisite due diligence. It is with deep regret that I inform you that I am unable to offer my agreement to the appointment of Mr. Justice Kenneth Andrew Charles Benjamin, as Chancellor of the Judiciary and Madam Justice Yonette Decina Cummings-Edwards O.R., as Chief Justice.”
Jagdeo said that he remains cognizant of the fundamental importance of securing substantive appointments to these two high constitutional offices. ”As a result, I am committed to continuous engagement with your Excellency until there is due compliance with Article 127 (1) of the Constitution.” Jagdeo however, has offered no objection to the four persons whom you have identified for appointment to the Integrity Commission in accordance with section 3 (4) of the Integrity Commission Act Cap. 19:12, Laws of Guyana. “I consider the totality of our engagement on this issue to be in satisfaction of the requirements of “consultation “as contemplated by the letter and spirit of section 3 (4) of the Integrity Commission Act Cap. 19:12, Laws of Guyana,” the Leader of the Opposition said in a letter to the President. It has not been revealed who are the nominees for the Integrity Commission.
Meanwhile, observers say the Leader of the Opposition’s rejection of the judicial nominees is significant given the enormous pressure that has been brought to bear on the lack of a substantive appointment of either posts over the years. Justice Benjamin had served as a magistrate in Georgetown in 1980 and 1981, and subsequently an Assistant Judge Advocate for the Guyana Defence Force. The Guyanese scholar has served 17 years as a High Court Judge of the Eastern Caribbean Court (ECC). If appointed chancellor, Justice Benjamin will replace Justice Cummings-Edwards, who has been acting in the post since March, 2017. Justice Cummings-Edwards has previously acted as the chief justice.
The nominees were selected and recommended to the President by a panel comprising former Justice of Appeal, Claudette Singh; Justice James Patterson and Professor Harold Lutchman. The President had written to the Opposition Leader, informing him of the two persons to be appointed as Chancellor and at their last engagement back in January Minister of State Joseph Harmon had informed that the Opposition requested more time to conduct their own due diligence regarding the two nominees.
“He requested a month to do due diligence which the President graciously agreed to…and we expect to meet again on February 7, when we will have that matter finalised,” the Ministry of the Presidency quoted the Minister as saying. Article 127 of the Constitution of Guyana states that the Chancellor and the Chief Justice shall be appointed by the President acting after obtaining the agreement of the Leader of the Opposition; it is as a result of this constitutional provision that President David Granger is bound to meet with the Opposition Leader on the matter.
It was expected that at Wednesday’s meeting, the Opposition Leader would have indicated his position on the nominees put forward by the President. Guyana has been without a substantive Chancellor since 2005 since the then Chancellor, Desiree Bernard, retired and took up the post as judge of the Caribbean Court of Justice (CCJ) the same year. The non-appointment of a substantive Chancellor and Chief Justice is a result of the government and opposition sides not agreeing to the candidates for the post. Should the Opposition Leader reject the initial nominees of the head of state, he (the President) may very well have to return to the drawing board and make additional nominees. Meanwhile, during his press conference in December, President Granger said every effort is being made to have the appointment made. President of the Caribbean Court of Justice (CCJ), Sir Dennis Byron, during the Bar Association dinner in November, had underscored the importance of having a substantive chancellor of the judiciary and chief justice in place soon.
