Nominations impending for members of JSC – President

The long-awaited Judicial Service Commission (JSC) is in the final stage of reconstitution; and with nominations from the Parliamentary Committee, the body should be functional without further delays.

This is according to President David Granger, who said, “Some nominations have to be made by the Parliamentary Committee, and once that is done — I’m overheard: There is no reason for it to be delayed further.”
The tenure of the previous commission expired on September 30, 2017, and former Attorney General Anil Nandlall had been critical of the impasse. In a social media post one year later, Nandlall asserted, “Once again, the burden is mine to remind them that there is currently no properly constituted Judicial Service Commission. This position has obtained for several months now. So, as a result of this constitutional vacuum, no judge or magistrate can be appointed.”
One of the most important functions of the JSC is making recommendations to fill vacancies within the Judiciary. In February 2016, the then JSC had recommended that High Court Justices Rishi Persaud and Dawn Gregory be appointed to the Court of Appeal; and that Attorneys Sandil Kissoon and Damone Younge be appointed Puisne Judges.
In July 2016, Justice Rishi Persaud was elevated to serve in the Court of Appeal; and Attorneys Simone Morris-Ramlall, Damone Younge, Sandil Kissoon and Gino Persaud were appointed Puisne Judges.
However, with respect to the appointment of a Chancellor and Chief Justice, Article 128 (1) of the Constitution provides that these positions be appointed by the President, “who shall act in accordance with the advice of the Judicial Service Commission.”
Article 128 (2) also provides that “the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may be.”