Dear Editor,
I refer to an article published in the Stabroek News on January 25, 2023 under the caption `CCJ rules that former AG Williams can be sued in personal capacity’.
Former Attorney General Basil Williams SC gained a major victory from the CCJ, for the sanctity of Guyana’s Judiciary and the Rule of Law when the Court determined that Ms. Prithima Kissoon’s brother-in-law, who sat as one of two judges in Guyana’s Full Court of the Supreme Court to hear her appeal, ought to have recused himself given his close relationship with Ms. Kissoon, the appellant before him.
The CCJ in applying Value 2.5 of the Bangalore Principles of Judicial Conduct 2002, further stated that in all the circumstances, it was satisfied that the Full Court was improperly constituted.
This CCJ ruling comes against the background of a similar ruling by the Court of Appeal which held that Ms. Kissoon’s uncle ought to have disqualified himself from sitting as the Chairman of the Public Service Appellate Tribunal in her appeal from a decision of the Public Service Commission.
The CCJ also ruled that the State Liability and Proceedings Act of Guyana though providing for the State to be liable for the acts of its officers and agents in tort, nothing prevents the actual Attorney General or Minister from being sued also for the alleged acts.
The CCJ explained the principle of vicarious liability under the State Liability Act in paragraph [21] of its Judgment thus:-
“The fundamental purpose of the State Liability Act is not to immunise public servants from suit for such a public servant’s allegedly tortious acts, but to assure any person who is harmed by such acts, once they are carried out in the due execution of their official duties, that the State will be liable for any damages awarded and the public official will not personally have to pay same.”
The effect of this ruling is that the current Attorney General and Ministers can also be sued in their personal capacities for alleged tortious acts or omissions and breach of statutory duty, and the trial would determine liability with the State being liable to pay any damages found against them at trial.
The CCJ was very clear that Mr. Williams was not saying he was above the law when in paragraph [20] of its Judgment it stated,”Mr. Williams may not have expressly couched his arguments in this way…..”.
Attorney at Law Nigel Hughes representing Ms. Prithima Kissoon had over five years ago in 2017 sued the APNU+AFC’s Attorney General and Minister of Legal Affairs Basil Williams SC for allegedly libelling her in the Guyana Chronicle Newspapers.
Mr. Williams in his Defence, contended that any statements made by him and reported in the media were in reply to the Claimant’s attack against him in her letter of the 27th day of January, 2017, which was published two days later in the media and which entitled him to the Defence of Qualified Privilege.
Senior Counsel Williams has been a leading advocate for the civil and political rights and justice of the Guyanese people and has applauded the Chancellor of the Judiciary and her team for the launching of an updated Guyana Code of Ethics For Judicial Officers.
Yours truly,
Basil Williams SC
Former Attorney General and
Minister of Legal Affairs
