Appointments of substantive Chancellor, CJ to be dealt with at appropriate time – Pres Ali

President Dr Irfaan Ali has reassured that the appointments of a substantive Chancellor of the Judiciary and Chief Justice (CJ) will be dealt with at the appropriate time.
Currently, Justice Yonette Cummings-Edwards is the acting Chancellor while Justice Roxane George is the acting Chief Justice.
“At the appropriate time, just as I have appointed the Judicial Service Commission, this matter will be dealt with. I’ve not said in any way, shape, or form that this matter is not going to be dealt with. But let me also say to you and remind you again, that our country is not without a Chief Justice or a Chancellor… The Chief Justice and Chancellor have a very clear mandate, and they are executing that mandate in line with full powers assigned to them by the Constitution,” the Head of State told reporters on Saturday.

Since the expiration of the previous JSC in September 2017, Guyana only appointed a new JSC in July when President Ali swore in the acting Chancellor, Justice Cummings-Edwards (Chair); acting Chief Justice, Justice George; Chairman of the Public Service Commission (PSC), Manniram Prashad; Retired Justice Carl Singh and Retired Justice Beasraj Singh (BS) Roy as members.
The Guyanese leader explained during the press briefing that the Commission has started their work and is looking at the Judiciary in a “broad and holistic way.” He noted that the Judiciary is not only faced with a substantive Chancellor and Chief Justice but also vacancies of Judges and Magistrates.
Article 127 (1) of the Constitution of Guyana states: “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”
Pointed to the fact that the JSC has no role in making these key judicial appointments, the President countered by saying that he wants the work of the Commission to be expanded so that there can be a full understanding of the issues and challenges within the Judiciary.
Guyana’s last substantive Chancellor was Justice Desiree Bernard, who served until 2005, when she left to joined the Caribbean Court of Justice (CCJ). Since then, Justice Carl Singh was appointed acting Chancellor – a position held until his retirement in 2017 without being confirmed.
Justice Cummings-Edwards was then appointed acting Chancellor in 2017 by former President David Granger. He had also appointed Justice George as acting Chief Justice in 2017.
Prior to this, the late Justice Ian Chang was appointed acting Chief Justice in 2005 and served in position until his retirement in 2015.
Guyana’s failure to have substantive appointments in its two top judicial posts have been lamented on both locally and regionally.
In fact, CCJ President, Justice Adrian Saunders, during a previous visit had called on Guyana’s political leaders to resolve their impasse and appoint a substantive Chancellor of the Judiciary and a Chief Justice for Guyana’s courts. He had said the situation is a matter of “serious concern” as it has implications for the proper running of the Guyana courts.
Meanwhile, the current Ali-led Government has in the past publicly declared its support for the confirmation of Justices George and Cummings-Edwards as Chief Justice and Chancellor, respectively.
Additionally, the APNU/AFC Opposition including Leader of the Opposition, Aubrey Norton, has also voiced their support for the confirmation of these two jurists in their respect posts.
During Saturday’s press conference, President Ali dismissed any assertions that his Administration’s delay in making these two substantive judicial appointments is linked to any dissatisfaction with the performances of the acting Chancellor and acting Chief Justice.
“Let me stop you there. You’re taking your assumption a bit far [about] me not wanting to appoint a Chancellor and a Chief Justice… We have not been only critical of some of the rulings, we have been vindicated… You forgot that there is a final court called the CCJ. And every time we have had an objection to a ruling, we did what was right in the eyes of the rule of law. We respectfully went to the CCJ… and the rulings of the CCJ are there for anyone to examine,” Ali contended.
Further questioned about whether he will be comfortable with these two senior judicial posts remaining vacant throughout his presidency and possibly into a new term in office, the Head of State pointed out that his Administration is focused on having all three arms of Government – Executive, Legislative, and Judicial – operating with excellence.
“So, let me say that what I’m concerned about is an effective Judiciary system – one that we can rely on; one that the international community can rely on; one that is efficient and supported by necessary technology and infrastructure that will make them efficient; one in which we have the full complement of Judges and Magistrates, and that is what the JSC is working on. So, I’m not going to confine myself to individuals or posts. I’m gonna confine myself to the system and I’m looking at the holistic system,” President Ali posited. (G-8)