– says AG, notes land court judge needed in Berbice

GOVERNMENT is working to swiftly appoint a Judicial Service Commission (JSC) as calls have been made to fill the position of land court judge in Berbice, Legal Affairs Minister and Attorney- General (AG) Mohabir Anil Nandlall has said.

Members of the Berbice Bar Association have raised the issue of the vacant position of the land court judge in Berbice.

In an invited comment, the attorney-general noted that government is working to swiftly remedy this issue at the level of Parliament.
“We cannot now appoint the land court judge because the Judicial Service Commission has expired since 2017. Now that we have Parliament in session, we will endeavour to appoint a judicial service quickly, because part of the appointment process is driven by a parliamentary procedure,” he explained.

He added, “as soon as we get that done in the Parliament, we’ll move quickly to appoint a Judicial Service Commission so that more judicial officers can be appointed.”

The legal affairs minister further expanded that the coalition government demonstrably did not understand the manner in which a democracy functions.
And as a result, he said during the A Partnership for National Unity and Alliance For Change (APNU+AFC) tenure, the government deliberately did not appoint several key constitutional agencies, in particular the JSC.

“In fact, I will venture to say, that because the Judiciary or elements in the Judiciary ruled against them upon their multiple violations upon the constitution, they may have wanted to stifle the Judiciary. And a way to do so is to refuse to appoint a JSC. They cannot say that they were unware because while in opposition, myself and the leader of the opposition repeatedly highlighted the fact that there is no JSC,” the attorney-general added.
Article 128 (1) of Guyana’s constitution states that “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 JSC by legal definition is the guardian of Guyana‘s judicial autonomy. The commission is responsible for making recommendations for judicial appointments and removing or exercising disciplinary control over persons holding or acting in judicial offices.

The chancellor and the chief justice are ex-officio members of the JSC. The body includes chairman of the Guyana Public Service Union, (GPSU), a member appointed by Parliament and one by the President.

The commission, according to the law, is not to be subject to the direction or control of any other person or authority.