Dear Editor,
Democracy in Guyana did not start in 2020, Guyana has been a democracy for as long I can remember. The Stabroek News editorial published on October 24, 2021, titled ‘Politics and the Courts’, was based on analyses by University of the West Indies’ (UWI) Cave Hill professor – political scientist Professor Cynthia Barrow-Giles and law lecturer Dr. Ronnie Yearwood themed “judicialization of politics” in Guyana and the Commonwealth Caribbean and which were expressed in a recent virtual forum. According to the editorial, ‘Prof. Barrow-Giles in response to a question described some of the judgments made by the local courts as “questionable”’. She said that the most important question was whether or not the Courts in Guyana were “truly as independent as they really ought to be and therefore what can be done about that”, and whether their decisions in turn were a reflection of the lack of independence of the Courts. Her query was based on “some of the judgments” of the Appeal Court, which were “highly questionable’, not the High Court rulings which the CCJ had affirmed ‘based on a report’. It is also important to note that much of that analyses focused on events surrounding Guyana’s National Elections 2020.
In my view the two professor(s) analyses of the ‘Judicialization of politics’ in Guyana were too thin for them to have arrived at such strong (perhaps radical) conclusions. My view is that the professor(s) conclusions were misplaced. I wish to list a number of instances over the past ten years where Guyana’s Judiciary performed with tremendous independence:
● In July 2010, then President, Bharrat Jagdeo, filed a lawsuit against Kaieteur News’ columnist, Frederick Kissoon, for an article published on June 28, 2010. In a Kaieteur News article on July 14, 2010, it was reported ‘… the President claimed that the article suggests that he is a racist and that “by extension, the State and Government of Guyana, practise racism as an ideology, dogma, philosophy, and policy…”’
● Stabroek News (February 2, 2019) – ‘In the event that the National Assembly is reconvened to consider extending the deadline for the holding of general elections, those members who have dual citizenship will have to be replaced in light of the recent ruling by Chief Justice (ag) Roxane George-Wiltshire”. The article further stated that ‘Chief Justice George-Wiltshire held that former government Member of Parliament (MP) Charrandass Persaud was “not qualified” for election to the National Assembly by virtue of his own acts in acknowledging allegiance and adherence to a foreign power to the sovereign state of Canada, in contravention of Article 155 (1) (a)’
● Stabroek News (June 25, 2019) – Justice Priya Sewnarine-Beharry ruled that ‘Finance Minister Winston Jordan is to be jailed for 21 days if he fails to comply with a previously issued court order to pay Trinidad construction company Dipcon the more than US$2 million owed to it by the government for road construction works. It was subsequently reported that President David Granger had intervened to prevent the jailing of Minister Jordan (SN July 8, 2019).
● Kaieteur News (June 17, 2021) – ‘Justice Sandra Kurtzious has reaffirmed her order to grant an award to former Junior Minister of Communities, Annette Ferguson, in the case where she sued Vice President, Bharrat Jagdeo, for libel. Delivering her ruling via Zoom yesterday, Justice Kurtzious upheld the default judgment on the basis that Jagdeo failed to provide any substantiated material to support his reason for failing to file a defence to the defamation claims’. Guyana Chronicle (October 15, 2021) – reported that the ‘Demerara Full Court on Thursday reserved its judgment in the challenge filed by Vice-President Dr. Bharrat Jagdeo against the decision of High Court filed by former Minister of Communities Annette Ferguson’.
● Guyana Chronicle (December 11, 2020) – ‘Chief Justice also granted another declaration stating that [the Hon. Oneidge] Walrond, Minister of Tourism, Industry and Commerce], was not a lawful member of the 12th Parliament of Guyana when she was sworn in on September 1, 2020’. In November 2020, Opposition, A Partnership for National Unity + Alliance for Change (APNU+AFC) Coalition had approached the High Court seeking a declaration to have Walrond moved from her seat in the National Assembly, which they claimed she is illegally occupying.
These were ‘big’ moments for Guyana’s judiciary, and they must not be devalued. In December 2019, I was part of a discussion where the view was that the Executive Branch and Guyanese politicians were ‘afraid’ of Judges and that the judiciary was evolving as an admirably independent body. Based on a ten-year rapid analysis of cases which were brought before the Magistrates Court, High Court and Appeal Court of Guyana involving the members of the executive, opposition, legislature, presidents and ministers of Government; in my view, Guyana’s Judiciary is functioning with a tremendous degree of independence. Our judges at the High Court and Court of Appeal have adjudicated admirably in these instances, among others. Another point to note is that the Judiciary is the third arm of Government, and at a time where the executive and legislature are experiencing, perhaps one of the most challenging periods, particularly since December 2018, additional burdens are being placed on the Judiciary to adjudicate on matters of a highly political nature. It is the Judiciary, led by the Honourable Acting Chancellor (Ag) and the Acting Chief Justice and judges, who, to a large extent, are holding the Guyanese society together, by showing judicial leadership and strength. Many would never understand the depth of gratitude the Guyanese people have towards the Judges, for their professional maturity and astuteness. Finally, President Irfaan Ali needs to consult with the Leader of the Opposition and confirm our two distinguished female jurists – Acting Chancellor and Acting Chief Justice with immediate effect! The current government must be mindful that it is not rolling back its own gains from its hard work on justice administration reforms which resulted in the level of the independence shown above. The previous APNU+AFC Government benefited from the outcomes of the PPP/C government’s inputs on these reforms, but it seems like the government is willing to roll back this progress. However, we will protect our judiciary, our judges, and magistrates against disrespect while we encourage and support meaningful reforms in the judiciary.
Sincerely,
Audreyanna Thomas,
Rule of Law Advisor/Advocate
