Dear Editor,

Late last year, it was announced that former Registrar of the Supreme Court, Ms Sita Ramlal, had been appointed as Solicitor General in the Attorney-General’s Chambers in the Ministry of Legal Affairs.  According to the announcement, the letter of appointment was signed by Dr Roger Luncheon in his capacity as Head of the Presidential Secretariat. The power to make such an appointment is vested by the constitution exclusively in the Judicial Service Commission.

Very reliable information is that, at the time the appointment was purportedly made, there was no properly constituted Judicial Service Commission. On the relevant date, the term of appointment of two commissioners, former Justices Mr Prem Persaud and Mr Brynmor Pollard, SC had expired and no new appointments have since been made. Mr Ganga Persaud, another member of the Judicial Service Commission by virtue of being the Chairman of the Public Service Commission, had resigned to enable him to be a candidate in the November 28 national and regional elections.

The two remaining members of the Commission – the Chancellor (ag) and the Chief Justice (ag) – could not, therefore, constitute a quorum of three members to enable the Commission to carry out its functions. The Commission, because of its depleted membership, could not properly make the appointment. It seems, therefore, that the appointment of Ms Ramlal is unconstitutional and, therefore, of no effect.

It is revealing to note that the office of Solicitor General has remained vacant since the last substantive holder of that office, Mr Julian Nurse, SC died in the mid-nineteen nineties and the administration did not regard it as a priority to have the vacancy filled. The Attorney General’s Chambers functioned without a Solicitor General.

It also seems most inappropriate for the government to appoint to a very senior legal office in Guyana’s legal system someone who only weeks before had been charged indictably for an alleged fraudulent transaction.

The presumption of innocence is one thing, but to act unconstitutionally in respect of that person is another.

Yours faithfully,
(Name and address provided)