THE ROCK upon which any democratic society rests is its Constitution as it is the Constitution of the country, which stands as the supreme law of the land and all citizens, regardless of race, religion or societal status are governed by and subject to its provisions. The Constitution guarantees the fundamental human rights of citizens.

Guyana’s Head of State, President David Granger has, since his assumption to office, consistently stated that respect for the rule of law is the foundation of a law-based society, one which can be sustained only by an independent Judiciary.

Judicial Independence
President Granger has time and time again noted that the supremacy of the Constitution, the legitimacy of Government, the efficacy of political democracy and the safety and contentment of Guyanese would be impossible without the existence of an independent judicature.

Speaking at the May 17, 2017 swearing-in ceremony of the Court of Appeal Judges, the President said that Guyana is a parliamentary democracy, committed to the rule of law and to the protection of the people’s rights and freedoms.

The Head of State noted further that the judiciary has a vital role to play in maintaining its independence. Judicial officers, he said, must demonstrate the highest standards of impartiality.

“The Executive Branch of the Government of Guyana has no interest in interfering in the adjudicatory role of the Judiciary. The Executive has taken steps to ensure that the Judiciary does not feel beholden to the Government of the day. The enactment of the Fiscal Management and Accountability (Amendment) Act of 2015 provided, for the first time, for the financial autonomy of the judiciary in accordance with the Constitution. Judicial independence means that the judiciary must be protected from both private and partisan interests, such as from persons or pressure groups, and from the influence and control of the other branches of government,” he said.

Judicial appointments
As part of ensuring that there is a strong Judiciary, which can ensure that justice is administered, President Granger said that the integrity of the judiciary requires, in part, that judicial vacancies are filled expeditiously and meritoriously. The appointment of an adequate complement of judges is necessary to ensure to that justice is delivered in a timely manner and is provided for by Article 128 (1) of the Constitution of Guyana, which states that the “judges, other than the Chancellor and Chief Justice, shall be appointed by the President, who shall act in accordance with the advice of the Judicial Service Commission.”

The road towards building an independent, impartial and integrity-based judiciary has not been easy for this administration as the Opposition remains bent on frustrating the process of ensuring substantive appoints for the positions of Chief Justice and the Chancellor of the Judiciary. On February 7, 2018, the Leader of the Opposition, Mr Bharrat Jagdeo, failed to show up for a meeting with President David Granger, Minister of State, Mr. Joseph Harmon and Attorney General and Minister of Legal Affairs, Mr. Basil Williams with regard to Constitutional appointments of Chief Justice and Chancellor of the Judiciary. The Constitution requires that there is meaningful consultation between the Head of State and the Leader of the Opposition for the appointments.

It was the Leader of the Opposition who requested the one-month period to do, what he described as “his due diligence”. At that time, the Attorney General, Mr Basil Williams had said that it is unfortunate that Mr Jagdeo failed to show up at the meeting, despite the President’s decision to grant his request for a month to consider the issues.

“We waited and the Leader of the Opposition was granted an entire month for due diligence and it is unfortunate that he hasn’t seen it fit to attend this afternoon or to indicate earlier his disagreement with such appointment, so the nation is waiting and we will have to move on from here. Unfortunately, the Leader of the Opposition sent a short while before our meeting, three letters in which he indicated that in respect to the appointments of the Office of Chancellor and Chief Justice, that he was not in agreement,” the Attorney General said. Despite these challenges from the Opposition, the Government continues to press ahead in supporting the Judiciary’s ability to function as is constitutionally required.

In January, the Head of State swore in Human Rights Activist and Attorney-at-law, Dr Christopher Arif Bulkan as a new Justice of the Court of Appeal, while in February, he administered the Oath of Office to Senior Counsel Rafiq Khan, swearing him in as Acting Justice of Appeal. Then in March, the Head of State swore in Attorney-at-law, Ms Fidela Corbin-Lincoln as a Puisne Judge. These appointments, the President said, are geared towards preserving and protecting the rights of citizens to equal protection and benefit of the law.

“I have received such advice and I have acted dutifully in accordance with the Constitution in administering the oath of office today… This ceremony today, aimed at filling a vacancy in our judicial system, is a simple yet serious re-affirmation of the supremacy of the Constitution. It is a means of ensuring the independence, impartiality and integrity of the judiciary,” he said at the swearing-in ceremony for Ms Corbin-Lincoln.

The President said that in addition to exemplifying the qualities of independence, impartiality and integrity, judicial officers must ensure that independence of the institution, which they serve by resisting any attempt at executive and legislative encroachment and guarantee the impartiality of their decisions by guarding against bias, prejudice and favouritism. Further, he said that they must ensure the integrity of their reputations by acting, always, in a manner, which upholds the dignity of their office.

“The independence of the Judiciary is necessary to protect citizens’ rights and to ensure that legal issues are settled fairly. The independence of the judiciary emphasises that the three branches of Government; the executive, legislative and judicial, respect each other’s Constitutional roles and functions. The independence of the judiciary is respected and protected by the Government of the Republic, which has no interest in interfering in the work of the judiciary or in undermining the rule of law,” he said.

Two members of the Judicial Service Commission (JSC), the body, which is intended to insulate judicial appointments from political partisanship and personal and other biases, were also sworn-in on May 17, 2017. The Judicial Service Commission, President Granger said, is an indispensable element of Guyana’s legal framework; the guardian of judicial autonomy and is the defender of its independence.

“The ‘Commission’ is the guardian of judicial autonomy. It is the defender of its independence. It is the protector of its integrity and impartiality… The JSC upholds the independence of the judiciary. It ensures by its diligence that judicial appointees possess the attributes and embody the personal values, which make them capable and willing to resist being influenced by improper partisan and personal interests,” the President said.

At the conclusion of the swearing-in ceremony, Member of the Judicial Service Commission, Mr Patrick Yarde said that the body was finally established after being sidelined for many years under the previous Government. “We are extremely disappointed that it was not filled for such a long time. It was clearly and, as far as I’m concerned, an act of wickedness by the previous Government, denying Public Servants access to redress.”

In addition to the establishment of these constitutional bodies, Attorney General and Minister of Legal Affairs, Mr Basil Williams has pointed out that since the Administration took over, the Judiciary, Law Enforcement and related agencies have more closely aligned their functions, resulting in greater efficiency in apprehending criminal elements.

Reflecting on campaign promises, Minister Williams said that Guyana was ‘turned upside down’ following 23 years of misrule and the Government is in the process of correcting the deficiencies, which it inherited, particularly with respect to the functioning of key related agencies. “You must have the Courts on the one end, the police and the prisons at the other end, the probation, the prosecutions, the DPP [Director of Public Prosecution], so they have to be coordinated; you have to link, so we have to ensure that there is greater collaboration in the Justice Sector now,” the Minister said.

Improving access to Justice
On February 2, 2018, residents of the Rupununi Region were finally able to benefit from improved access to justice with the opening of the Rupununi Magisterial District Court Office and Courts at Annai, Aishalton and Karasabai. President Granger, who travelled to the region for the opening ceremony, on that occasion, emphasised the importance of all Guyanese having equal access to the law regardless of geographic location, socio-economic status, ethnicity or educational level.

“There can be no equality before the law without access to justice. The law should be a great leveller. It should not be a divider. It should not be an instrument of oppression of the rich against the poor, or of the strong against the weak. It emphasises citizens’ basic human right to have legal recourse and redress for wrongs committed against them and their property and for the preservation of public order,” the Head of State said.

Ensuring equal access to justice under the law in the Rupununi has always presented a challenge with residents being forced to travel from far-flung communities in the Region to the Magistrates’ Court Office in Georgetown; some 425 km away.

Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards described the difficulties residents faced as a result of those challenges and noted that it was critical that justice is brought to the doorsteps of the residents of the 89 communities in the Rupununi. “Prior to this office… court was held occasionally and I’m being modest. For the Lethem area, court was held once every three months, once quarterly, maybe two weeks within the quarter… Justice is not one-sided. Justice has to be for both sides.

For residents of the region, persons coming all the way from Karasabai or even Aishalton, most of the time the court will be held here in Lethem and they will have to travel sometimes two days just to get to court. And if water is high, you’re familiar with that phrase, it would take even longer for them to get to this court. We in the Supreme Court, we do not sit in an ivory tower. We are in tune with what is going on the ground and we care,” she said.

This care was further expressed and extended when on December 20, 2017, Minister Harmon, commissioned a $99M, fully furnished modern living quarters facility for judges and magistrates at Suddie, Essequibo Coast, where he said that the project is part of Government’s investment in ensuring improved delivery of judicial services and administration of justice in the region. The Minister of State further said that it is under this administration that the Judiciary has been strengthened, with Government’s emphasis on integrity, impartiality and independence.

“I believe that is a very important step… The location of these premises in immediate proximity of the court is commendable as it removes the need of these officials to commute from Anna Regina to this location, thereby saving precious time and money and enable them to discharge their functions with ease.

The transition of accommodation of our judicial officers to close proximity to the place of work and circumstances that are more comfortable should not be underestimated. The discharge of their functions as adjudicators of the law requires clear thinking and legal writing that must be facilitated by provision of the best possible living and working environment,” Minister Harmon said.

President Granger on July 28, 2017, unveiled the new wing of the High Court of the Supreme Court of Judicature as a further demonstration of the commitment Government has to the Judiciary. President of the Guyana Bar Association, Mr Kamal Ramkarran, in his remarks, said that the new infrastructural developments are a testimony of Government’s commitment to the delivery of justice.

He said, “The opening of this new wing is only the latest in a series of developments which have transformed the face of legal practice in Guyana. These developments show clear commitment by the Government and the Judiciary to a significant improvement to and delivery of justice.”

Interference in any form stifles the judiciary and hampers the administration of justice in a just and fair manner. More than that, however, it depletes the moral fabric of the members of the profession and affects the public’s confidence in the judicial system. Therefore, the Government of Guyana; cognisant of this fact and with the commitment from President Granger and his Cabinet have embarked on a journey to ensure that an impartial, independent and integrity-based judiciary is built.