–urges public to use JSC to report misconduct, inappropriate behaviour
LEGAL luminary Anil Nandlall, SC, has expressed concern that many citizens are hesitant to file complaints against judicial officers, despite the existence of constitutional mechanisms to ensure accountability.
He stressed that the Judicial Service Commission (JSC) plays a vital role in receiving and addressing such grievances, and urged the public to make use of this important institution.
Nandlall, in a recent media appearance, noted that while clear channels exist to address misconduct or inappropriate behaviour by judges and magistrates, many individuals are still reluctant to come forward.
“When there is conduct that goes beyond the pale of a wrong discretion and amounts to misbehaviour, then you have available remedies. In societies, and in a society like ours, you hardly find that persons might want to complain to a judge or a magistrate, for fear of repercussions,” Nandlall, who served as the Attorney General and Minister of Legal Affairs in 2020-2025, explained.
He reminded citizens that there are constitutional mechanisms in place for holding judicial officers accountable.
“And it is not something we have done in the past. As a member of the public, you can lodge a complaint with the Judicial Service Commission if you feel a decision of a judge is not merely wrong, but it must amount to an abdication of responsibilities. It has to be so wrong that no rational judge/magistrate would make a mistake like that.”
The JSC is a constitutionally mandated body tasked with recommending appointments, promotions, and disciplinary action for judicial officers. This safeguard is designed to preserve judicial independence while also ensuring accountability.
The commission operates outside of the executive and legislative arms of government, meaning no minister or politician has the authority to interfere with its decisions, reassuring members of the public that complaints will be handled fairly.
The members of the JSC were sworn in in July 2023. They took their oaths of office before President D. Irfaan Ali and included Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards, Chief Justice (ag) Roxane George, SC, retired Justices of Appeal Beasraj Singh Roy and Carl Singh, and Manniram Prashad, Chairman of the Public Service Commission. JSC members are appointed for a three-year term.
Article 199 of Guyana’s Constitution empowers JSC to make appointments to key offices, including the Commissioner of Titles, Magistrates, Director and Deputy Director of Public Prosecutions, Registrar and Deputy Registrar of the High Court, Registrar and Deputy Registrar of Deeds, and other similar positions.
The People’s Progressive Party Civic (PPP/C) government has committed billions of dollars to modernising Guyana’s judiciary, undertaking major infrastructure upgrades, investing in the training and development of judicial personnel, and implementing advanced technology systems to improve efficiency, transparency, and access to justice across the country.