High Court directs President Ali to meet with Opposition Leader Regarding the Appointment of Chancellor and Chief Justice as per Article 127

By Calvin G. Brown – High Court Judge Justice Damone Younge, today ruled that President Ali failed to initiate the consultation process with the Leader of the Opposition as required by Article 127 of the Constitution regarding the appointment of a Chancellor of the Judiciary and a Chief Justice of the Supreme Court.

The High Court Judge  today handed down her ruling in the case brought by Mr. Vinceroy Jordan who asked the High Court to direct President Irfaan Ali to uphold Article 127 of the Constitution of Guyana regarding the appointment of a Chancellor of the Judiciary and a Chief Justice of the Supreme Court.

The Court ruled that Article 127 is a mandatory provision which requires that the President initiate the process of consultation.

Further, the Court pointed out that once there is not a substantive office holder of both or one of the offices of Chancellor and Chief Justice, the President and Leader of the Opposition are under a continuous duty to engage in consultations.

The court noted also that whilst there are no time limitations in Article 127, the President and Leader of the Opposition are under a duty to act with haste.

The Court also declared that the failure to engage in consultations undermine the independence of the Judiciary.

The Court’s decision whilst an acceptance of the contentions made on behalf of the Applicant, constituted an implicit finding that the President had failed to discharge his duty to engage in the required consultation as mandated by Article 127.

Justice Younge found that the President had not initiated the consultation process with the Leader of the Opposition as required by Article 127 of the Constitution.

The judge made the following declarations:

1. A declaration that Article 127(1) of the constitution creates a mandatory constitutional duty and obligation on the part of the President and the leader of the opposition to comply with its provisions

2. A declaration that for as long as there are no substantive appointments to the offices of Chancellor and Chief Justice under Article 127(1) of the Constitution, the President and the Leader of the Opposition are under the continuous mandatory constitutional duty and obligation to engage in a process which results in compliance with  Article 127(1)of the Constitution

3. A declaration that notwithstanding that Article 127(1) of the Constitution does not set any timelines for compliance with its provisions, the duty imposed by the constitutional actors by Article 127(1) must be discharged with all convenient speed

4. A declaration that any protracted or further delay in complying with Article 127(1) of the Constitution is and would be inimical to the independence of the judiciary as set out in Article 122(a) of the Constitution.

Justice Damone Younge in January, heard oral arguments by Senior Counsel Mr. Roysdale Forde and Attorney General Anil Nandall SC, on the substantive appointments of Chancellor and Chief Justice.

Forde, who represented applicant Mr. Vinceroy Jordan, asked the High Court to direct President Irfaan Ali to uphold Article 127 of the Constitution of Guyana by initiating consultation with the Leader of the Opposition, Mr. Aubrey Norton, within two months.

The Senior Counsel also asked the Court to declare that since assuming Office, the President has failed to engage the Leader of the Opposition on the appointments in accordance with Article 127 of the Constitution.

Article 127(1) stipulates “the Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”

Forde told the Court that the refusal of the President to “honour his obligation under Article 127 of the Constitution,” has nothing to do with issues of non-recognition of the government and the shaking of hands which are “completely irrelevant in relation to [compliance with the law].”

The Court was told it has been more than two years since Ali’s presidency and a letter (dated May 12, 2022) was dispatched to him by Norton, calling for advancing the process of appointing a Chancellor and  Chief Justice, and Norton had indicated his willingness to support the confirmation of acting Chancellor Yonette Cummings-Edwards and acting Chief Justice Roxane George-Wiltshire SC, but the President has not responded. (WiredJA).