SEPARATING POWERS FOR A STRONGER DEMOCRACY

In the ongoing evolution of our democratic institutions, it is imperative that I address the confluence of roles within the Office of the Attorney General and Minister of Legal Affairs. The traditional amalgamation of these positions into a single individual who sits as part of the executive branch presents significant challenges to the principles of political neutrality and the fair administration of justice. To ensure a more robust and impartial legal system, it is time to consider separating the roles and responsibilities of these offices.

The Attorney General holds a pivotal role as the chief legal advisor to the government of the day, tasked with ensuring that the rule of law is upheld and that legal policies are applied impartially. This individual must be seen as an arbiter of law above politics, maintaining public confidence in the integrity of our legal system. However, when the Attorney General is also a politically appointed Minister of Legal Affairs who actively participates in the legislative process within the National Assembly, there arises a potential conflict of interest. The necessity to align with party policies may inadvertently undermine the unbiased stance required to perform the legal advisory role effectively. The Attorney General should not have any authority over Judges, who belong to a separate branch of Government.

By decoupling the Attorney General from the executive branch and ensuring that this officeholder does not sit in the National Assembly, we can bolster the political neutrality of the position. An independent Attorney General would be free from partisan pressures, able to exercise their duties without fear or favor. This move would reinforce public trust in the legal advice and prosecutorial decisions made, knowing they are founded solely on the law rather than political expediency.

In parallel, the duties currently held by the Minister of Legal Affairs should be reassigned to a newly established Ministry of Justice. This position would focus on overseeing the administration of justice and the implementation of government legal policies within the National Assembly. The Minister of Justice would thus be situated firmly within the political arena, accountable to both the government and the electorate for transparently driving legal reforms and initiatives.

Implementing this separation would bring our system more in line with best practices observed in other democracies where the distinction between legal and political responsibilities is clearly demarcated. In these systems, the dual approach builds a stronger, more independent judiciary and offers a clearer, more accountable legislative process for legal matters.

Ultimately, the proposed structural changes will be able to fortifying our democracy. By ensuring that the Office of the Attorney General remains politically neutral and independent, and by appointing a separate Minister of Justice to align legal policies with governmental objectives, we establish a clear boundary between law and politics. This distinction is crucial for a faithful administration of justice and the continuous strengthening of public confidence in our democratic institutions.

It is time for government to embody these principles of impartial justice and transparent policy-making. For the good of the citizens and the integrity of our legal system, the separation of these roles is not just a progressive step, but a necessary one for all Guyanese. But the PPP led Government is always against changes and reform for the better of our Nation.

Pt.Ubraj Narine, JP, COA

Former Staff Sgt.(GDF), Mayor

City of Georgetown