– says Pres. Granger on appointment of substantive Chancellor, Chief Justice

THE ball is in the court of Opposition Leader Bharrat Jagdeo, President David Granger said in response to the appointment of a substantive Chancellor of the Judiciary and Chief Justice.

Jagdeo in February rejected President Granger’s nominees for the two top judicial appointments, contending that after requisite due diligence, he was unable to offer his support for either of the candidate.

The President had nominated Justice Kenneth Benjamin as Chancellor of the Judiciary and Madam Justice Yonette 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. The Guyana Constitution provides for full agreement between the President and the Leader of the Opposition for the appointment of both the chancellor and chief justice.

On Thursday, President Granger told reporters that the decision is now in the hands of the Opposition Leader.

“The ball is in the court of the Leader of the Opposition. I have made my proposals to him, he has simply rejected them. He has not made any counter proposal, so there is nothing to discuss,” President Granger said.

It was the hope of the President that he and the Opposition Leader could have moved forward on the substantive appointments. Subsequent to Jagdeo’s rejection, President Granger disclosed that he was seeking legal advice on the issue. On Thursday, he told reporters that he is well advised.

“I know what needs to be done. I am well advised. But I have to wait on the Leader of the Opposition to respond to my proposals,” the President said.
At the time, the President was speaking on the sideline of the opening ceremony of a workshop organised by the Caribbean Financial Action Task Force (CFATF), the Commonwealth Secretariat and the Government of Guyana for judges and prosecutors at the Pegasus.

Though Jagdeo rejected Justice Benjamin and Justice Cummings-Edwards for the posts of Chancellor and Chief Justice respectively, the Constitution provides for the President to appoint them in acting capacities after consultation with the Opposition Leader.
According to Article 127 of the Constitution of Guyana, “the Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”

Guyana has been without a substantive Chancellor since 2005, when 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. President of the Caribbean Court of Justice (CCJ), Sir Dennis Byron, during a Bar Association dinner last November, had underscored the importance of having a substantive chancellor of the judiciary and chief justice in place soon.