Former Mayor of Georgetown Pt. Ubraj Narine has condemned Vice President (VP) Bharrat Jagdeo’s verbal attack on Justice Sandil Kissoon in his recent ruling on the Guyana Teachers Union v Ministry of Education. That ruling handed down on April 19, 2024 stated the teachers’ strike of February 5- March 4 was lawful; directed to the government, as employer, to continue the deduction and remittance of union dues to the teachers Union.
Jagdeo, at his press conference last Thursday, accused the judge of being “presumptuous” in his ruling, establishing further the governing People’s Progressive Party’s (PPP) intolerance with the judiciary when decisions are not handed down in its favour.
Expressing disagreement with the VP, Narine in a letter to the press said it is crucial to reevaluate and affirm the foundations of democratic governance and the principle of judicial independence.
Justice Kissoon’s decision “which upheld the legality of the strike action initiated by the Guyana Teachers’ Union, stands as a testament to the diligent exercise of judicial review, a core function of the judiciary to interpret and apply the law without fear or favour.”
The attack launched by VP on this decision, where he labelled Judge Kissoon as “presumptuous,” is not only inappropriate but undermines the very essence of judicial independence, Narine expressed.
The former mayor warned such remarks, especially coming from a figure of high executive power, can cast a shadow of undue influence over the judiciary and dampen public confidence in the impartiality of judicial proceedings.
At the same time he drew contrast by directing attention to a decision taken by the cabinet took last February to the pay a dead man over ten million dollars who served as chairman on the Public Utility Commission on a contract basis, where the son of the deceased who is a prominent judge in the judiciary system received the said money.
The VP, he said, should not run from his conscience and pay the teachers, nurses, doctors, police, soldiers, and public servants with a decent package of salaries and benefits.
See his full letter below:
Dear Editor,
In the recent stir caused by Vice President Bharrat Jagdeo’s remarks concerning High Court Judge Sandil Kissoon’s ruling on the Guyana Teachers Union strike, it is crucial to reevaluate and affirm the foundations of democratic governance and the principle of judicial independence. The decision of Justice Kissoon, which upheld the legality of the strike action initiated by the Guyana Teachers’ Union, stands as a testament to the diligent exercise of judicial review, a core function of the judiciary to interpret and apply the law without fear or favor.
The attack launched by VP Bharrat Jagdeo on this decision, where he labelled Judge Kissoon as “presumptuous,” is not only inappropriate but undermines the very essence of judicial independence. Such remarks, especially coming from a figure of high executive power, can cast a shadow of undue influence over the judiciary and dampen public confidence in the impartiality of judicial proceedings. Expressing dissatisfaction with a court’s decision is a right; however, it should be conducted in a manner that respects the separation of powers and the integrity of the judicial system.
This incident brings to light the broader implications for the rule of law. When public officials critique judicial decisions in a way that questions the competence or integrity of the judges rather than the merits of their decisions, it risks eroding the public trust and the principle of an independent judiciary. It is the responsibility of all branches of government to safeguard and uphold the independence of the judiciary as enshrined in the Guyana Constitution and echoed in international principles governing the rule of law and human rights.
Such an approach towards the judiciary could discourage rigorous adherence to legal principles in favour of populism and could skew the balance of power that is designed to keep each branch of the government in check. This could lead to a dangerous precedent where judges might feel pressured or intimidated, potentially leading to decisions influenced by politics rather than law and justice.
It becomes imperative to call for a collective reaffirmation from all stakeholders, including government officials, the Bar Association, the Private Sector Commission, and civil society, to stand firm in defence of judicial independence. Encouraging discourse about judicial decisions in a constructive and respectful manner enriches democratic engagement and contributes to the health of legal and political institutions.
We must remind ourselves and our leaders that any action perceived as undermining the judiciary is an affront to the democratic values we cherish. The principle of separation of powers is vital for the sustenance of a democratic system where rights are respected and justice is impartial and accessible.
I also wish to remind VP Bharrat Jagdeo on a decision his government cabinet took last February to the pay a dead man over ten million dollars who served as chairman on the Public Utility Commission on a contract basis, where the son of the deceased who is a prominent judge in the judiciary system received the said money.
So VP Bharrat Jagdeo, don’t try to run from your conscience if you have one . Pay the teachers, nurses, doctors, police, soldiers, and public servants with a decent package of salaries and benefits.
Welcome to Little Dubai
Pt.Ubraj Narine, JP, COA
Former Staff Sgt.(GDF), Mayor
City of Georgetown
