— says Attorney-General

JUDGES, in their administration of justice, must be able to deliver rulings fearlessly, without the apprehension of their reputation being tarnished by parties to litigation, especially those who are not satisfied with the rulings.

These were the sentiments shared by Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C, as he condemned recent attacks against the Judiciary, particularly Chief Justice (ag) Roxane George, C.C.H, S.C., and pledged the Government’s commitment in the protection of the Judiciary, within the confines that is permissible by law.

“Our system is adversarial and therefore one litigant will lose and one will win. The loser has a right to appeal, which he must resort to if he wishes; he has no right to scandalise the judge or ascribe a sinister motive to the Judiciary,” Nandlall said.

This comes against the backdrop of the recent disdainful critique of the Judiciary by Leader of the Opposition, Joseph Harmon, after the A Partnership For National Unity + Alliance For Change (APNU+AFC) second Elections Petition, 88 of 2020, was dismissed by the Chief Justice, in the High Court on Monday last.

“I am appalled by the barrage of verbal attacks recorded in the media against the Judiciary and in particular the Honourable Chief Justice as a result of a recent decision rendered. This type of scurrilous attack on the Judiciary strikes at the heart of the administration of justice and must be condemned in the strongest possible fashion,” Nandlall said.

The Judiciary, as part of Montesquieu’s ‘Trias Politica model’ which is also known as the doctrine of the Separation of Powers – the basis of Guyana’s constitutional structure, forms one of the three pillars of the State’s Government, along with the legislature and the Executive, all separate and independent.

GUARDIAN

Nandlall explained that the Judiciary is the “guardian” of the Constitution, including the fundamental rights and freedoms guaranteed under it. The Judiciary interprets and applies laws enacted by Parliament and it is the Judiciary that is tasked with resolving disputes among litigants and punishing deviancy.

He further explained that an efficient and impartial Judiciary is an indispensable condition for any democratic society governed by the rule of law, and is also conducive to social and economic prosperity; therefore, there is an onus on the State to protect the Judiciary.

“In this regard, I commit that the State will do all that is lawfully necessary to ensure that the Judiciary is free from nefarious interferences, political attacks and from being scandalised in the public domain,” Nandlall said.

UNPARALLEL POWER

He also reminded that the law has facilitated and endowed an “unparallel power” in the Judiciary, to protect itself and its processes from abuses and charged that those powers must be fully utilised when necessary.

However, in addition to acknowledging these protections, the Attorney-General recognised that the judicial arm of Government is not, and should not be, exempted from constructive criticism.

“Indeed, justice is not a cloistered virtue and must suffer the scrutiny of the ordinary man. However, there is no right vested in any quarter to bring judicial administration into disrepute, in particular when it delivers decisions which do not favour some in our society,” he said.

The Attorney-General, representing the Executive arm of the Government, assured the continued collaboration with the judicial arm within the constitutional cannons and committed that the Judiciary will enjoy the financial and functional authority guaranteed to it by the Constitution.

“We recognise the premium role that the Judiciary must play in the maintenance of law and order and the developmental agenda of our country,” Nandlall said as he assured the Judiciary that it has a “willing development partner and a functional partner in the Executive”.