President Irfaan Ali says he sees no need to initiate fresh engagement with Opposition Leader Azruddin Mohamed on the substantive appointments of Chancellor of the Judiciary and Chief Justice, maintaining that a proposal previously submitted to former Opposition Leader Aubrey Norton remains the government’s position.
Speaking to Demerara Waves on Wednesday, President Ali said the recommendation contained in a letter to the then Opposition Leader has not changed.
Asked whether the proposal had been communicated to Azruddin Mohamed, who became Opposition Leader following the 2025 General and Regional Elections, the President described the matter as “a grey area that we have to navigate carefully.”
“The government continued after winning the election. In the continuity of government, we have expressed or suggested, based on the Constitution, a recommendation in terms of the Chancellor and the Chief Justice. That recommendation has not changed,” President Ali said.
The President’s position comes as Guyana continues to operate without substantively appointed holders of its two highest judicial offices. The country has been without a substantive Chancellor of the Judiciary since 2005 and without a substantive Chief Justice for nearly two decades, with both offices continuing to be occupied in an acting capacity.
The prolonged constitutional impasse has attracted repeated criticism from the Caribbean Court of Justice (CCJ), Guyana’s final court of appeal.
Successive Presidents of the CCJ have described the situation as “most regrettable” and “highly inappropriate.”
Former CCJ President Justice Adrian Saunders warned that prolonged reliance on acting appointments threatens the institutional integrity and perceived independence of the judiciary, while former President Sir Dennis Byron said judicial officers serving in an acting capacity are placed at an unfair disadvantage because their temporary status can undermine their authority to implement needed institutional reforms.
The regional court has repeatedly urged both the government and the opposition to fulfill their constitutional responsibilities and reach bipartisan agreement to end the longstanding deadlock.
Under Article 127(1) of the Constitution, “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”
The Constitution therefore requires not only presidential action but also the agreement of the sitting Opposition Leader before substantive appointments can be made. By contrast, Article 127(2) provides that acting appointments require the President to act after meaningful consultation with the Leader of the Opposition.
Opposition Leader Mohamed has rejected President Ali’s position that the previous correspondence with Aubrey Norton satisfies the constitutional requirement.
“My position is that if the Chancellor and the Chief Justice are to be confirmed, the President must consult with the Leader of the Opposition. Mr. Norton is no longer the Leader of the Opposition. He needs to write to me or call me and indicate that he wants to meet on the matter. We can’t rely on that previous letter,” Mohamed said.
Norton served as Leader of the Opposition during the 12th Parliament. Following the 2025 General and Regional Elections, Mohamed was elected Leader of the Opposition in the 13th Parliament after his party, We Invest in Nationhood (WIN), secured 16 of the Opposition’s 29 seats in the 65-member National Assembly.
He maintained that the Constitution requires the President to engage the current Leader of the Opposition and said the process should proceed regardless of any political differences between them.
Mohamed disclosed that he is consulting his attorneys and is considering legal action to compel the President to begin the constitutional process.
“My lawyers will consult and we will move to the court because he must consult… We have to put aside personal issues. We have a country to run and people are expecting us to ensure whatever we do is in the interest of the people,” he said.
