Dear Editor,
It seems as if huge problems are ahead between the Government and the Opposition, and there might be confrontation with the Government and the judiciary. This of course does not auger well for the future of the country.
The latest being the Attorney General Basil Williams elevation to Senior Counsel, is at loggerheads with acting Chancellor, Carl Singh, and made it quite clear that he did not want him to preside at the appeal filed by the Government against the decision given by the former acting Chief Justice in which he ruled that Bharat Jagdeo is eligible to run for a third term as President.
The appeal was filed 17 months ago and Chancellor Singh wants to conclude the appeal before he goes into retirement next month, but Williams requested an adjournment obviously to a date when the Court of Appeal will be reconstituted with a new Chancellor and maybe another new judge. The reason given for the Attorney General’s adjournment is that there is no Solicitor General to argue the appeal.
Perhaps I should mention that legal experts feel that there are good grounds to allow the appeal. In any event the Government should not be too bothered about the ruling by the Court of Appeal, because unlike in the 1970s, 1980s, 1990s and onwards, the decision can be appealed to the Caribbean Court of Justice (CCJ).
During those three and a half decades, the Guyana Court of Appeal was the final court. It was not until April 2005 with the establishment of the CCJ that decisions of the Appellate Court can be overruled.
The learned Attorney General apparently held the view that Chancellor Singh wants to prolong his stay at the helm by starting new cases and will need more time to conclude them after his retirement age. It should be pointed out that Singh has been acting for more than 12 years without being confirmed in that position.
There was a similar situation in Belize seven years ago when Prime Minister Dean Barrow, SC, felt that the then Chief Justice, Abdulla Conteh, wanted to remain on the bench after he reached the retirement age of 65. He asked me as Solicitor General to advise the Chief Justice that the Government had no intention of offering him a contract and he should not start new cases and work towards concluding all his partly heard matters.
According to press reports, the Court of Appeal is proceeding with the appeal and lawyers for both the Appellant and the Respondents were ordered to submit their arguments in writing, and the Court will make a ruling on February 15.
There are other problems, Williams has accused the Judicial and Legal Services Commission (JSC) of secretly appointing judges. The basis of his accusation is that the JSC has not been advertising for judges. It is understood that the JSC has never done so, but President David Granger strongly feels that vacancy for judges should be advertised. In fact the positions of Chancellor and Chief Justice have just been advertised.
Another issue is whether a fit and proper person, other than a judge can be appointed Chairman of the Elections. Jagdeo wants the CCJ to issue a legal Opinion on the matter.
Sincerely,
Oscar Ramjeet
