Dear Editor,
The statement by Opposition leader Joseph Harmon asking for the confirmation of the acting Chancellor and acting Chief Justice is the most important and meaningful statement made by him since he assumed that office. Yonette Cummings-Edwards has been acting as Chancellor for the past 4 years and Roxane George as Chief Justice for the same period. It is long overdue for the Republic to have a confirmed Head of the Judiciary and Chief Justice. The last confirmed Chancellor and Chief Justice was in April 2005 when the then Chancellor Desiree Bernard took up the appointment as a Justice in the Caribbean Court of Justice (CCJ). It is assumed that Harmon will support the confirmation if and when President Irfaan Ali submits the names to him for confirmation.
The non-confirmation of the two top posts in the judiciary was due to the fact that the opposition leader(s) withheld his/their agreement. The latest was in December 2017 when Bharrat Jagdeo then opposition leader refused to endorse Kenneth Benjamin, a Guyana scholar, who was Chief Justice of Belize at the time. Under the Constitution the Opposition Leader must agree to the appointment… the term” in consultation” has been removed and replaced by “agreement” since the year 2001 – two decades ago. Bernard, the last confirmed Chancellor is very dissatisfied that there was no confirmation to the posts and expressed the hope openly three years ago for their confirmation. And because of the lack of agreement Carl Singh and Ian Chang acted as Chancellor and Chief Justice respectively, throughout their lengthy tenure without confirmation.
Three Presidents failed to convince the opposition leaders to arrive at a consensus. It was/is a shame. The current attorney general Anil Nandlall recently said that if the Opposition leader continues to withhold his consent, “it may be time that the constitutional requirement is revisited to remove the provision for consultation”. Nandlall added that it was absolutely not intended by the framers of the constitution for the two top posts not to be occupied by confirmed appointees. Let’s hope that the Leader of the Opposition and President Ali will reach an agreement so that the appointments can be made without further delay.
Yours faithfully,
Oscar Ramjeet
