SENIOR Counsel Rafiq Khan was sworn in as Acting Justice of Appeal by President David Granger during a simple ceremony at State House on Wednesday.

The six-month appointment, which is in accordance with Article 128 (2) (D) of the Constitution of Guyana, took immediate effect. President Granger, in delivering remarks, said the appointment was necessary to preserve and protect the rights of citizens to equal protection and benefit of the law. “The Government of the Cooperative Republic of Guyana is committed to ensuring equal protection and benefit of the law through its support for access by all to justice and the efficient and timely dispensation of justice by the courts. Equality before the law can exist only where there is access to the law. The absence of such access deprives citizens of equal protection and benefit of the law,” the President said.
He said that an efficient and independent judiciary must include a full complement of legal officers, magistrates and judges, which enables judicial efficiency, to ensure that citizens’ cases are heard expeditiously. Such an effective judicial system would enhance public confidence in the rule of law.

Justice Khan, who was elevated to the status of Senior Counsel in 2017, said that he was interviewed for the position by the Judicial Service Commission in July, 2017. “What I think I can bring to the table is vast experience in civil procedures. When you come out of private practice and you go unto the Bench, you bring a different perspective,” Justice Khan told reporters.

In giving a synopsis of life in the profession, the Senior Counsel noted that he has been practicing Civil Law for most of the 30 years he has been in the field. He also taught at the University of Guyana for about three years, served on the Rows Committee for 10 years and the Legal Practitioners Committee for 15 years.
Last month, President Granger appointed Attorney-at-law Dr. Arif Bulkan as an acting Judge of the Court of Appeal.

Minister of State, Joseph Harmon; Attorney General and Minister of Legal Affairs, Basil Williams; Minister of Public Affairs, Dawn Hastings-Williams; Acting Chancellor of the Judiciary, Yonette Cummings-Edwards; Acting Chief Justice, Roxane George-Wiltshire and Chief Magistrate, Ann McLennan, were also present at the swearing-in ceremony.

In a demonstration of its commitment to judicial independence and efficiency, the current Government passed the Fiscal Management and Accountability (Amendment) Act of 2015 to pave the way for the financial autonomy of the judiciary. Additionally, an acting Chancellor and Chief Justice were appointed after consultation with the Leader of the Opposition and several judges were appointed to both the High Court and the Court of Appeal.

Moreover, the Government has appropriated adequate resources for the establishment of new buildings for the Land and Commercial registries and a new wing for the High Court and has committed to continued compliance with decisions made by the Judicial Service Commission (JSC) and court rulings.