Government has appealed Justice William Ramlal’s ruling that no one person can hold the office of Chancellor of the Judiciary and Chief Justice at the same time, and that the simultaneously holding of both positions for an extended period is unconstitutional.
Senior Counsel Bernard DeSantos filed the notice of motion and a summons in the Appeal Court yesterday on behalf of the government, which had earlier indicated its intention to challenge the ruling handed down by Justice Ramlal last week.
Meanwhile, the Guyana Bar Association (GBA) said on Tuesday that it was deeply dissatisfied with the current state of affairs in the judiciary, which if not remedied, could cause irreparable harm to overall confidence in the system as well as the rule of law in Guyana. Pointing to Justice Ramlal’s ruling, the non-existence of the Judicial Service Commission and the impending retirement of a number of judges, at both the high court and appellate levels, the GBA said the situation was rapidly spiralling out of control.
The body said it was concerned at the ongoing impasse and the continuing deleterious effect it has on the overall administration of justice, adding that the situation was unwholesome, totally unacceptable and could not be allowed to drag on.
GBA said the situation had already created fertile ground for allegations, which inure to the benefit of no one and could only serve to erode confidence in the system.
“Until and unless this situation is resolved, efforts at reforming and upgrading the justice system in Guyana will not achieve the desired objectives and therefore ought not to be pursued at least in the short term,” the release stated
Since 2004, the GBA said, it had expressed concerns in meetings with both President Bharrat Jagdeo and Leader of the Opposition, Robert Corbin.
According to the body, the effect of Justice Ramlal’s ruling has had an immediate impact on the working of the court system with the apparent cessation of work at the office of the Chief Justice.
Emphasizing that the office of the Chief Justice in Guyana was an important and indispensable cog in the system of administration of justice, the GBA said the situation, “is bound to negatively affect the lives of all who seek justice in one form or another”. It noted that the Chief Justice’s office was responsible for the assignment of cases to judges and the general administration of the court system in addition to the specific functions of hearing and determining applications for estates of deceased persons and for adoptions. More recently, the office has been granted oversight and direct funding through the setting up of its own Project Execution Unit as part of the Inter-American Development Bank Justice Modernization Loan.
