The more President Ali prevaricates on the substantive appointments of a Chancellor of the Judiciary and a Chief Justice, the more he is seen to be cavilling and obstructing this process for political reasons. It is well known that for substantive appointments to the top two judicial positions to fructify that both President Ali and Opposition Leader Norton have to agree on the candidates. It also known that as far back as May 30th this year, Mr Norton signalled his unequivocal support for the substantive appointment of Justices Cummings-Edwards and George-Wiltshire to the respective posts of Chancellor and Chief Justice. This was a major development in the process as Mr Norton’s coalition had previously held a different position on the top two appointments.
The task then fell to President Ali to act. Either he agreed with Mr Norton’s proposal or he would put forward a counter-proposal for the consideration of the Opposition Leader. More than three months later he has done neither, leaving independent-minded observers to construe his behaviour as further undermining of the judiciary.
On the sidelines of the celebration of the 200th anniversary of the independence of Brazil on Wednesday, President Ali was again asked by Stabroek News why he was yet to act on the substantive appointments of the Chancellor and CJ. His answer further exposed either his lack of awareness of constitutional provisions or his intent to simply block any movement. He stated: “We are not at the stage of addressing those issues as yet. There is nothing stalling, it is just that we have not commenced that as yet. We are trying to complete the Judicial Service Commission. These things must be in place almost instantaneously”.
First, the President’s repeated suggestion that the substantive appointments did not merit the most urgent and immediate attention must be condemned. There is no more important constitutional consultation that has to occur between the President and the Opposition Leader than that in relation to the Chancellor and the CJ. None. Mr Norton has released the President from the requirement of any further consultation on this matter so there is no impediment in moving forward.
Second, of all people, President Ali should be aware that according to Article 198 of the Constitution of the Republic of Guyana the Judicial Service Commission (JSC) is composed thusly: (a) the Chancellor of the Judiciary who shall be the chair, the Chief Justice, the Chairman of the Public Service Commission and any such other members appointed in accordance with the criteria established by Article 198 (2).
How then can the President first appoint the JSC without addressing the substantive appointments? Were the JSC to be recomposed at this point it would be comprised of the Chancellor and the CJ still in their acting capacities and liable to removal if they were not the candidates intended for confirmation.
President Ali’s government has already been exposed by the court over disordered appointments. Chief Justice (ag) George-Wiltshire recently ruled that in the absence of a Chairman of the Public Service Commission, the Police Service Commission was not lawfully constituted. This appears to be the same road that the President intends to venture upon as it relates to the top two judicial posts.
It is time that better sense prevails and the President desists from stymying the substantive appointments. The rule of law will continue to be at risk if at the pinnacle of the judiciary the justices do not have the comfort of tenure.
Guyana’s final court, the Caribbean Court of Justice has forthrightly bemoaned the lengthy hiatus in confirmed appointments. The President knows the score and his inaction and excuses are unworthy of his office.
He must act urgently to ensure confirmed appointments to the office of the Chancellor of the Judiciary and the Chief Justice.
