One would expect that a president would be keen to see all the constitutional bodies in place. More so, a president who speaks of democracy and the rule of law should be in the forefront of ensuring that the laws are observed.
To this day, months after some members of the Police Service Commission were sworn in, the Police Service Commission is still to be duly constituted. The Chairperson of the Public Service Commission is an integral person to this body.
No one can say why the Public Service Commission has not yet been constituted. One worrying fact is that any action taken by the Police Service Commission would be illegal. Yet this body actually made promotions within the force.
By right these promotions should have been illegal. There is a principle that states that anything flowing from an illegal act is similarly illegal. By extension the promotions should be illegal but the Chief Justice who heard a number of matters pertaining to the Police Service Commission said that she was allowing the promotions on the Doctrine of Necessity.
Similarly, the Judicial Service Commission is still to be constituted. About a year ago, Attorney General Anil Nandlall told a judicial forum that the Judicial Service Commission would be appointed shortly.
He repeated that comment in January when he addressed a legal forum in the compound of the High Court.
In fact, in January, he said that the appointment would have been made within three months. Three months have passed, and the appointment has not been made. There is now a crisis. Chief Magistrate Ann McLennan has proceeded on pre-retirement leave.
Also, soon to be proceeding on leave is Principal Magistrate Clive Nurse. He leaves on April 30. There was a shortage of magistrates. Many cases could not be proceeded with. The retirement of two additional magistrates creates a crisis in the magistracy.
Of interest is the fact that had there been a Judicial Service Commission, Chief Magistrate Ann McLennan could have been appointed a Puisne judge. That would have impacted, however slightly, the shortage of judges.
There is no explanation for the recalcitrance of the President. It could be that he is too busy doing things but those things that he has not done are also priorities.
Whether his Attorney General is advising him about these appointments is not known. We do know that the Attorney General has been advising the president from time to time, albeit for some wrong reasons.
Nandlall advised the president to suspend the last Police Service Commission. That matter went to court and a judge ruled that the president acted unconstitutionally.
So the defender of the state advised/ misadvised the president. And that was not the only instance. He had advised the president to refuse to honour the list of promotions issued by the last legitimate Police Service Commission.
But here we are with a crisis in the magistracy. There is already a crisis in the High Court. Last year, the shortage of judges was made worse with the retirement of Justice Brassington Reynolds and Justice Franklin Holder. Justice James Bovell Drakes had retired earlier.
To expose the state of the judiciary, the Guyana Court of Appeal, the apex court in the land, is also short of Appellate judges.
Unless President Irfaan Ali is unaware of the state of the judiciary and the magistracy then something must be terribly wrong.
Three months ago, in fact four months ago, he spoke of adjusting the wages and salaries of various categories of workers. He started with the Guyana Police Force, then he progressed to the nurses, who, by the way, are leaving in droves.
He did promise that he would complete the salaries adjustment because he is a caring president who is ruling for all the people of Guyana. The teachers have not been adjusted. And they too are leaving the profession.
United States Ambassador to Guyana, Sarah Ann Lynch, actually urged President Ali to improve the salaries of his teachers if he wanted to keep the more proficient. He has ignored the ambassador so far.
The appointment of the Chancellor and the Chief Justice has been discussed ad infinitum. No president has succeeded in confirming a Chancellor since Justice Desiree Bernard. The last confirmed Chief Justice was Justice Carl Singh.
He was appointed after the state played musical chairs. One of the players was Justice Claudette Singh.
Many years have passed and nothing has been done in this area. A judge is expected to rule on a legal action brought challenging the president’s failure to confirm the Chancellor and the Chief Justice. The Opposition Leader has already agreed to the confirmations.
It is as if time has stood still. How can a president stand by and watch the judicial system collapse?
In the absence of the Judicial Service Commission magistrates cannot be appointed, not even to act. There are many lawyers but they are making money so they are not interested in serving. I remember some years ago, Senior Counsel Rex McKay was asked to help recruit lawyers for the magistracy and the judiciary.
He is not in the picture these days and there is no one in his shadow. I am surprised that the media do not consider asking the president about the judicial appointments. Perhaps, since prosecutions are selective, the President is not pressed to make appointments.
At the same time, it is a nice feeling to know that those charged must sit and wait, regardless of how long, until they have their day in court.
There are people waiting for some three years, even as their bail is tied up in the court, attracting no interest.
