JSC threatened with legal action if vacancies for Judges not advertised

…criteria for appointments, candidate list must be made public – Attorney

Just days after the swearing in of new members of the long-awaited Judicial Service Commission (JSC), the scrutiny on the Commission is evident, as it has been threatened with a legal challenge if it does not advertise both locally and regionally for judges prior to any appointment.
The Commission has been sent a letter by Attorney-at-Law CV Satram, acting on behalf of Attorney-at-Law Arud Gossai and Ramon Gaskin. In that letter, Satram warned that his clients want to ensure compliance with the Constitution of Guyana when the time comes to appoint 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,” Satram said in his letter.
“We are aware of the practice, rooted in the traditions of England, whereby the Head of the Judiciary would invite suitably qualified persons to join the Judiciary. This practice is not consistent with our Constitution, particularly Article 129 thereof.”
According to Satram, Article 129 stipulates that “all persons qualified for admission as Attorneys-at-Law in Guyana are eligible to be appointed as a Judge.” He went on to urge the Commission to advertise both within Guyana, the wider Caribbean and the Commonwealth, to fill all vacancies for Judge.
“It would amount to a gross violation of the Constitution for the Commission by its conduct to limit the number of applicants for any vacancy of Judge. The provisions of the Constitution and good administration and transparency dictate that all persons eligible for appointment should have an opportunity to be considered for the position,” the lawyer said.

“Unless the vacancies are advertised, the Commission can never be properly satisfied that it has attracted the most suitably qualified candidates. 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 noted that the position of Judge is a public position, and thus must be treated with the utmost transparency, with an emphasis on attracting competent candidates who are capable of delivering written judgements within the time limits. In fact, Satram urged that the criteria that would be used to appoint judges, as well as the list of potential appointees, should be publicized.
“The appointments must be done on the basis of objective criteria. Our clients demand that the criteria which the Commission intends to utilize should be made public in the interest of transparency. The Commission ought to be aware that its decisions will impact thousands of litigants and potential litigants who will not be consulted in the appointment process. As a result, the Commission has a heightened duty of transparency and accountability in any appointment process it embarks upon or employs.
“Our clients will challenge any decision of the Commission, which does not enjoy immunity from suit, that fails to comply with the Constitution and the ordinary principles of Judicial Review. The need for this form of transparency is a legal necessity because, once appointed, Judges enjoy security of tenure and immunity from suit, making it virtually impossible to remove them,” Satram also wrote.
The Judicial Service Commission’s (JSC’s) new members were sworn in on Friday by President Dr Irfaan Ali, who disclosed his belief that their appointment would now alleviate some of the burden on Guyana’s Judiciary.

The newly appointed members are: Chancellor of the Judiciary, Justice Yonette Cummings-Edwards; Chief Justice Roxane George; Chairman of the Public Service Commission (PSC), Manniram Prashad; former Chancellor Justice Carl Singh, and Chairman of the Law Reform Commission, Justice Beasraj Singh Roy.
The day before, Prashad was sworn in by President Ali as one of the new members of the PSC.
The JSC is a constitutional body established under Article 198 of the Constitution of Guyana. It handles matters related to appointments, discipline, removal and promotion of judicial officers. Prior to Friday, there had been no JSC since 2017, as the last Commission was appointed by former President Donald Ramotar in September 2014. (G3)