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The constitutional process for the appointment of a substantive Chancellor of the Judiciary and Chief Justice has not yet been initiated, President Irfaan Ali disclosed Thursday.
“That is a process, that process has not started,” is all the President offered when questioned. He was at the time responding to questions posed by the media at a joint press conference held at the residence of the European Union (EU) Ambassador to Guyana.
Fifteen years have since elapsed since the country has been without a substantive Chancellor due to lack of consensus on the nominees for the post between successive Governments and Opposition.
In March 2017, both Justice Yonette Cummings-Edwards and Justice Roxane George were appointed acting Chancellor and Chief Justice respectively by former President David Granger.
Prior to her appointment, Justice Cummings-Edwards had performed the functions of Chief Justice after replacing Justice Ian Chang (deceased), who had served as acting Chief Justice between 2006 and 2016 up until his retirement.
However, she was appointed to act as Chancellor after former Chancellor of the Judiciary, Carl Singh, demitted office on February 23, 2017.
Article 127 of the Constitution requires that agreements be reached between the President and the Opposition Leader for the appointment of Chancellor and Chief Justice. The Article states that: “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”
Opposition Leader Joseph Harmon has repeatedly said that the A Partnership for National Unity and Alliance for Change (APNU+AFC) Coalition does not recognise the Irfaan Ali Government. President Ali in response has posited that in order for there to be consultations, Harmon must acknowledge the legitimacy of the People’s Progressive Party/Civic (PPP/C) Government.
Meanwhile, Attorney General and Minister of Legal Affairs, Anil Nandlall said that it is “regrettable” that the judges have been acting for so long. Nandlall told reporters on the sideline of the joint press conference that “It was never intended by the framers of the Constitution for these two offices not to have been occupied by confirmed appointments. And I say that is regrettable that since the Constitution was amended, to effect that change, we have never had it fill.”
Given the continuous failure by the opposition and governing parties to arrive at a consensus on substantive appointees for the posts, the Attorney General hinted that there may be a need for Article 127 to be amended during the process of Constitutional Reform.
“When we were going to consider Constitutional Reform, we should consider whether we should change it; because Guyana, as you know, is the only country in the world, the Commonwealth that has this provision; and we have great difficulty filling it,” the Attorney General reasoned.
Nonetheless, Nandlall expressed the hope that the President and the Opposition Leader could soon meet to consult on the constitutional appointments. However, he said it is important for the Opposition Leader to acknowledge the People’s Progressive Party/Civic (PPP/C) as a legitimate government. He said Harmon’s contention that the Government is illegal is “laughable.”
“The quicker he jumps off of that ridiculous horse that he is riding, it is better for the country, and he can, with respect…sit with the President as a substantive leader of this country and hopefully begin constructive engagements that can see the positions being filled by confirmed appointments,” the Attorney General told reporters.
Though the Opposition Leader, not so long ago, wrote the President, Nandlall said Harmon should not be duplicitous.
“Mr. Harmon can’t on one hand for propagandist purposes, when he is at his pulpit want to call the Government illegal and expects to write and then the government must, at his whim and fantasy, run to him; it doesn’t work like that. This thing is built on mutual respect,” the Attorney General said.
Earlier in the press conference, President Ali had also underscored the need for the Opposition Leader to change his posture towards the Government, and recognize it as legitimate.
