Opposition leader Robert Corbin expressed optimism yesterday that he and President Bharrat Jagdeo could find the middle ground on the nominees for the position of Chief Justice and Chancellor of the Judiciary.
The two will meet today.
Yesterday Jagdeo also said he hoped that when he and Corbin met they would deal with the issue definitively and so by next week attention could be focused on the setting up of the Judicial Service Commission. The commission, once set up, would then begin the appointment of judges for the high court.
Corbin told reporters at his party’s weekly press briefing yesterday that while he could not predict the outcome of today’s consultations, the judiciary was in a serious state and much more would have to be done to rectify it. “A lot has to be put into restoring confidence in the judiciary and this has nothing to do with personalities but more with perception.”
Corbin said he believed that there was still room for him and the President to come to a resolution and he was committed to working in this direction.
As responsible leaders, he said, he and the President must find a solution not only acceptable to themselves, but also to meet the will and satisfaction of the people of Guyana. “I am prepared to work in this regard,” the opposition leader asserted.
Meanwhile Corbin confirmed that Justice of Appeal Ian Chang was Jagdeo’s choice for Chief Justice and that this was made known to him, but he said he was surprised that such information was leaked to the press.
Jagdeo also confirmed at his press conference yesterday that Chang was his choice for Chief Justice.
Another section of the print media had reported on Wednesday that Chang was likely to perform the duties of Chief Justice while Carl Singh (current substantive Chief Justice) would remain as acting Chancellor of the Judiciary. The article quoted senior sources.
It also stated that Chang’s appointment would be foremost on the agenda when Corbin and Jagdeo resume consultations today.
The move to restart consultations may have come after Justice William Ramlal’s ruling, which stated that no one person could simultaneously hold the position of Chancellor of the Judiciary and Chief Justice. Government has since challenged this in the court.
Singh was appointed to act as Chancellor after Justice Desiree Bernard left Guyana to take up a post as a judge in the Caribbean Court of Justice.
Questioned on whether he would support the President’s nomination, Corbin merely said that he had crafted a response to the President and he would be made aware of this.
Asked what sense he felt the consultations would make in the light of government’s challenge to Justice Ramlal’s decision, Corbin said the government could do what it wanted. He said he felt that Justice Ramlal’s decision was a declaration of his understanding of the constitution, adding that he did not know that the judge made an order.
“He has made a declaration of his interpretation of what the law says. It is for the government to follow the line and whether they do this or not is still to be seen,” Corbin said. In a prepared statement read to the media, Corbin also said that the crisis was the consequence of President Jagdeo’s continued failure to respect the letter and spirit of the constitution.
“The government’s arbitrary actions and refusal to engage in meaningful consultation on matters such as the appointment of the Integrity Commission and now its clear intention to exercise dominion over the judiciary all serve to undermine the rule of law which is the cornerstone of any functioning democracy,” he said.
He said that even as he is preparing to engage in consultation on the appointment of a Chancellor of the Judiciary and Chief Justice sections of the media have already reported that Justice Carl Singh would remain as Acting Chancellor, while Justice Ian Chang would be appointed Chief Justice.
“The question is, what is the leader of the opposition to consult Mr Bharrat Jagdeo about now? For it appears that while the administration is making a song and dance about consultations it has clearly made up its mind about the two appointments in question,” Corbin’s statement said.
Consultations between Jagdeo and Corbin began back in 2005. After no decision was reached, the government subsequently moved to pass a bill in the Parliament, which would give the Chief Justice the powers of Chancellor.
The parliamentary opposition did not agree to the move. However the government used its majority to pass the amendment.
Corbin had nominated Justice Claudette Singh to be appointed Chief Justice.
