Govt supports transparency, accountability in Judiciary – AG Nandlall

– says recruitments must be based on established criteria of meritocracy, performance

Attorney General and Legal Affairs Minister Anil Nandlall, SC, has stated that the People’s Progressive Party/Civic (PPP/C) Government has always encouraged transparency, accountability and fairness in every area hence when it comes to the recruitment of personnel within the Judiciary, this must be done based on certain established criteria.
He made this remark in response to a letter written by Attorney-at-law, Arud Gossai, and economist, Ramon Gaskin, calling on the newly constituted Judicial Service Commission (JSC) to advertise vacancies for Judges in Guyana and across the Caribbean, and then publish potential candidates so that they can be vetted by the legal fraternity before any appointments are made.

“While the JSC is an independent constitutional body, it is enjoined like every other constitutional organ to act transparently, to act fairly, to act reasonably in its decision-making process and if it is going to recruit then it must do so on certain established criteria including of course meritocracy and performance.”
“The Government would always encourage transparency and accountability and fairness in every aspect of national life… I have no doubt that the Judiciary can’t object to it performing its functions in a transparent and accountable manner within the given parameters of how a Judiciary should conduct itself,” Minister Nandlall said during the recent edition of his weekly programme – Issues In The News.
The new JSC was appointed by President Dr Irfaan Ali on July 14. The Commission members are Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards; Chief Justice (ag), Roxane George; Chairman of the Public Service Commission (PSC), Manniram Prashad; Retired Justice Carl Singh and Retired Justice Beasraj Singh (BS) Roy.
The JSC is a constitutional body responsible for handling matters related to the appointment, discipline, removal, and promotion of judicial officers including Judges and Magistrates.
Days after the reconstitution of the JSC, the letter was sent to the five members of the Commission and AG Nandlall by law firm, Satram and Satram, on behalf of Gossai and Gaskin.
The correspondence calls upon the JSC to adopt certain methodologies in the recruitment of new personnel for the magistracy, High Court and Appeal Court.
Gossai and Gaskin are suggesting that advertisements be published in Guyana, the Caribbean, and wider Commonwealth, inviting suitably qualified applicants for these posts as opposed to the practice of merely inviting suitably qualified to apply for the position – something which is not consistent with Article 129 of the Guyana Constitution.
“Particularly Article 129 of the Constitution…stipulates that all persons qualified for admission as attorneys-at-law in Guyana are eligible to be appointed as a Judge. For this reason, we urge the Commission to advertise, within Guyana and in the wider Caribbean, all vacancies for the position of Judge… Article 129 (1) (a) of the Constitution provides for the possibility of persons who are or were Judges within the Commonwealth to be appointed as Judges. As such, the Commission should advertise the vacancies within the Commonwealth. Every person who meets the requirements specified in Article 129 of the Constitution and Section 5 of the High Court Act enjoys a right to apply for and be considered for appointment. The Commission has no power to curtail this right,” the letter detailed.
According to a document from the law firm, any refusal to advertise the vacancies would amount to a gross violation of the Constitution by the JSC.
Moreover, the letter also calls on the Commission to publish the names of potential candidates so that they can be vetted by the public which will foster greater transparency in the process.
On the issue of promotion within the Judiciary, Gossai and Gaskin called on the Commission to ensure that in their evaluation methods, they take into account the conduct and performance of persons who are being considered.
“The Commission has to be therefore satisfied that the persons they intend to appoint or recommend for appointment are capable of giving written decisions within the time-limits stipulated by Parliament… It would be a violation of the Constitution for the Commission to appoint or promote sitting Magistrates and Judges who have a history of not delivering timely judgements. In the circumstances, the Commission has a constitutional duty to request and consider, from potential applicants and other sources, evidence of their compliance or ability to comply with the Time Limits for Judicial Decisions Act,” the correspondence stated.
The letter went further to note that if these cannons of transparency, accountability and fairness in the recruitment and promotion of judicial personnel are not adopted by the JSC, then legal proceedings may be instituted to review appointments made.
“Our clients have an interest in ensuring that there is compliance with the Constitution in the appointment of Judges. The Commission may be aware that its decisions are subject to Judicial Review. This means that in the exercise of any discretion, the Commission must act reasonably, rationally and fairly… We expect to hear from the Commission on the modalities it will apply with respect to advertisement, the objective criteria to be applied, and the other steps it will take to assure transparency prior to making any appointments,” the law firm related on behalf of Gossai and Gaskin.
Stakeholders in the local legal fraternity including Chancellor of the Judiciary and head of the Guyana Bar Association have long been lamenting the shortages of Judges and calling for more appointments to be made.
At last month’s appointment, President Ali pointed out that the newly-appointed JSC will be instrumental in addressing deficiencies in the Judiciary such as personnel shortages.
“Our judicial system is not without its challenges. We are woefully short of our full complement of Judges and Magistrates. This naturally has placed greater burdens on our existing pool of judicial officers. Now that the JSC is in place, it is anticipated that some of those burdens will be lifted, thereby allowing for smooth turning of the wheels of justice,” the Head of State said.