‘The law is an ass’ is a derisive expression said when the the rigid application of the letter of the law is seen to be contrary to common sense. This proverbial expression is of English origin and the ass being referred to here is the English colloquial name for a donkey. Donkeys have a somewhat unjustified reputation for obstinance and stupidity that has given us the adjective ‘asinine’. It is the stupidly rigid application of the law that this phrase calls into question. (phrases.com.uk)
In a recent interaction, Attorney General and Minister of Legal Affairs Anil Nandlall displayed an alarming insensitivity to the issues raised by Chief Justice Roxane George-Wiltshire regarding the judiciary’s overwhelming workload. The Chief Justice emphasized the immense pressure faced by judges, commissioners of title, and magistrates, who manage a staggering number of cases without public complaint. She expressed strong objections to the severe and often baseless public criticisms directed at the judiciary, stating, “Terrible comments are made about the judges. It’s distressing. I have to comment. People are talking about judges being presumptuous and all kinds of things. It’s horrible.”
Despite these valid concerns, Guyana’s Attorney General Anil Nandlall’s response was dismissive and tone-deaf. He reiterated that the delayed delivery of judicial decisions violated the Time Limit on Judicial Decisions Act 2009, stating, “… the continued non-compliance by the judiciary with the law requiring decisions within a certain period cannot be justified”, a decidedly unintelligent response considering that he noted “…now, I know there have been shortages of judges and there have been many reasons and issues affecting the Judiciary”.
What is truly alarming is the Attorney General’s reliance on a poorly construed and ill-researched law, while ignoring the Chief Justice’s position. Anil’s tone deafness demonstrates either a sinister motive to force the Chief Justice (acting) to submit her resignation or else it displays an astounding lack of understanding and appreciation for the judiciary’s historical context and current realities.
Nandlall should recognize that laws often reflect the motives and machinations of powerful men, and are not always crafted with the best interests of the people in mind, neither are they set in stone. His insistence on strict legal compliance, without considering the practical challenges faced by the judiciary, shows a remarkable lack of empathy and insight.
Can you imagine a man with such tone-deafness and insensitivity in the role of President of Guyana? Nandlall’s disregard for the Chief Justice’s legitimate concerns and his failure to appreciate the judiciary’s heavy workload are deeply troubling. His approach undermines the judiciary and highlights a significant disconnect between legal mandates and the real-world challenges faced by those tasked with upholding the law.
