In this period of world history, where the principles of democracy and the rule of law are increasingly placed on life support worldwide, one might expect that the incumbent government of Guyana, PPP/C- tasked with the responsibility of protecting these ideals- would rise to the occasion with integrity, transparency, and respect for the constitution. Unfortunately, the PPP/C regime’s handling of the appointments to the judiciary reveals an alarming disregard for the rule of law and a disturbing pattern of political maneuvering that threatens the very foundation of our democracy.
It is clear to me, as I am sure, to all those, who have been paying attention to the shocking actions of the PPP/C, that, the ungodly refusal of this wicked regime to substantively appoint the acting chancellor of the Judiciary, Yonette Cummings-Edwards and the acting Chief Justice, Roxane George-Wiltshire, is not merely an oversight. It is a deliberate and willful decision by the PPP/C dictatorial regime calculated to undermine the independence of the judiciary, and, by extension, our democratic institutions. Interestingly, this behaviour (none action) stands in clear contrast to the urgency and enthusiasm with which the administration rushed, with much haste, to appoint a Commissioner of Police- a highly controversial position that should be subject to the same level of scrutiny as any judicial appointment.
Yet, when it comes to appointing two highly qualified women, the PPP/C is just shamelessly dragging its feet. Worse is the fact that, this delay persists despite the clear, advance agreement from the Leader of the Opposition and the outcry and comments from legal experts, including the President of the Caribbean Court of Justice (CCJ), Justice Adrian Saunders.
In 2022, Justice Saunders made a public statement about this very troubling situation, highlighting the importance of these appointments for the stability of Guyana’s judicial system. He noted that the failure to appoint a Chancellor and Chief Justice was a significant issue that undermined the independence and effective functioning of the judiciary in Guyana. The Justice raised several concerns about this issue including: judicial independence, constitutional implications, and the far- reaching consequence of this lack on the integrity of the judicial.
The reluctance to make these appointments does not just undermine public trust in the government- it tarnishes the credibility of the very institutions that are supposed to defend the rights of every Guyanese citizen. It is no secret that the judiciary plays a critical role in upholding the rule of law and ensuring that the rights of citizens are respected.
The Chancellor of the Judiciary and the Chief Justice are not ceremonial titles- they are the bedrock upon which our legal system stands. These roles are crucial in maintaining judicial independence, ensuring that judges can act without fear or favour, and overseeing the fair and equitable application of the law. The failure to appoint these key positions, then, is not a minor issue- it is a major assault on the independence of the judiciary and, by extension, on the very integrity of our democratic system.
If the executive can refuse to make judicial appointments at its discretion, what does that say about the separation of powers? What does it say about the government’s true commitment to democracy when it is willing to place the judiciary under a cloud of uncertainty for purely. The PPP/C’s actions are all the more troubling given the public and unequivocal comments of the Leader of the Opposition and President from the Caribbean Court of Justice. The government can neither pretend nor feign ignorance when such serious concerns have been raised from within the highest echelons of the legal profession. It is clear that there is a hidden agenda at play here- a political calculus aimed at ensuring that the judiciary remains pliable, subservient, and ultimately compromised.
But the only thing consistent about this government is its inconsistency. This was demonstrated in the appointment of the Commissioner of Police. When it came to this highly contentious and politically charged position, the PPP/C moved with great alacrity. Despite the fact that the police force’s leadership is arguably more controversial, and less insulated from political interference, the government had no qualms in pushing forward with a swift appointment.
This glaring double standard raises the question: why has the government been so quick to act in one case, and so resistant in the other? Perhaps, it is the case that, the Commissioner of Police serves more directly at the behest of the PPP/C government, while the judiciary stands strong as a check on the executive’s power? The disparity in urgency is troubling. One cannot help but wonder whether the government’s reluctance to appoint a chancellor and Chief Justice is rooted in a desire to keep these roles vacant, or to place them under the control of political allies.
If the government is serious about preserving the integrity of the state and upholding the principles of democracy, it cannot afford to threat the judiciary as mere afterthought, subject to political whims. The appointment of a Commissioner of Police may be a matter of political convenience, but the appointment of a chancellor and Chief Justice goes to the very heart of the democratic project. A government that fails to recognise the importance of a fully functional and independent judiciary risks unraveling the social contract that binds us all.
The PPP/C’s continued refusal to make these vital judiciary appointments is a serious and dangerous misstep that threatens the very fabric of Guyana’s democracy. It is an astonishing lack of judgement. It calls into question the government’s commitment to constitutionalism, the rule of law, and the independence of the judiciary. Democracy cannot endure in a society where the fundamental principle of separation of powers is violated for short- term gain.
The failure to appoint two qualified – distinguished public servants who have dedicated their careers to the pursuit of justice- demonstrates an appalling disregard for meritocracy, and for the constitutional provisions designed to ensure that the judiciary remains free from political interference. These women have served with honour and distinction, yet the government continues to refuse to formally install them in their rightful roles. Guyana deserves better. Its people deserve better.
The PPP/C must be held to account for its actions, and it must immediately take the necessary steps to appoint a Chancellor and Chief Justice in accordance with the Constitution and the highest standards of judicial independence. It is time for the government to stop playing games with the judiciary and put the country’s democratic health first.
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