On 1st March 2017, Justices Yonette Cummings-Edwards and Roxane George-Wiltshire SC were appointed to act as Chancellor and Chief Justice, respectively, by President David Granger. Six years later the two ladies, even as they continue to provide uninterrupted services in the positions, are yet to be appointed as substantive holders of the offices. The non-appointment of these justices is discriminatory.
It is a universally accepted labour practice if someone is employed and acting in a vacant position and has never been told his/her performance is unsatisfactory, then that person’s performance is satisfactory, and he/she must be appointed.
There are also economic implications to their non-appointment. Persons not appointed to the substantive posts upon retirement lose benefit prescribed by calculation were they so appointed. It is discriminatory when those responsible for determining the appointment of others receive their full benefits at the end of their tenure but find reasons to deny others similar treatment.
Public mention was made before that both Government and Opposition must seek to remedy the situation, going back to the acting appointments of Carl Singh as Chancellor and Ian Chang as Chief Justice. Yours truly stated, and still believe, their appointments should be substantive and retroactive.
The people who are responsible for the appointments of Chancellor and Chief Justice, and have failed to act, are discriminating against those who acted and are acting in positions and not confirmed.
The Leader of the Opposition and President, as required by the Constitution of Guyana, must have agreement on these positions. The spirit and intent of this requirement is to ensure that no worker who aspires to such positions will be discriminated against for any reason. That these discriminatory acts continue is not a function of the Constitution but inability of political leaders to recognise that such matters are not about them and their egos, but the interest of workers and citizens to be protected at every level.
Last June, Leader of the Opposition, Aubrey Norton, communicated to President Irfaan Ali, and the nation, his agreement to the substantive appointments of Cummings-Edwards and George-Wiltshire. For Ali to find reason for not appointing these justices speaks to a violation of universally acceptable labour practices. It is discriminatory.
Our judiciary, an independent and co-equal branch of government, must no longer be held hostage to those who cannot appreciate the soundness of respecting rights and the rule of law.
Time to stop the pussy footing and attempt to explain away or justify the unjustifiable. Time to confirm the appointment of these two justices for their non-confirmation continues to threaten workers’ tenure. Let me reiterate, these substantive appointments must go back to Carl Singh and Ian Chang.
