President Ali confers AG, Timothy Jonas, Jamela Ali with silk
– need for transparency in appointment process highlighted
President Dr Irfaan Ali on Thursday evening conferred Attorneys Anil Nandlall, Timothy Jonas and Jamela Ali with the dignity of Silk, officially known as Senior Counsel. This was done at State House, where the Head of State emphasised the importance of having an effective and efficient legal system in which the public has confidence.
According to President Ali in brief remarks, Public confidence in the administration of justice would be enhanced by the presence of persons who embody the high standards and traditions of legal excellence and service, within the legal system.
“Such standards of excellence and service are reinforced by appointments based on merit, and which can inspire greater respect for, and confidence in, our legal system. The title of Senior Counsel has long been associated with such standards of distinction. The title is a recognition accorded to those who exemplify high standards of excellence and experience in the legal profession,” he stated.
The President further noted that such conferment of ‘Silk’ is not just a mark of quality, but also enhances public trust and greater confidence in the efforts to ensure a more efficient and effective system in Guyana.
The Head of State said the three newly appointed Senior Counsels are deserving of their conferrals.
“Their record of excellence and sterling service exemplifies the high standards to which the legal profession aspires. The conferment of Senior Counsel on these three legal luminaries is meritorious and deserving,” President Ali asserted.
Nandlall, who currently serves as Attorney General and Legal Affairs Minister, has 22 years of service in the legal profession, while Jonas has 24 years and Jamela Ali has 31 years.
Their appointments were first announced back in October, and was based on “their demonstrable knowledge of, and learning in, the law and on account of their exemplary erudition and diligence in the practice of the law, and by virtue of their distinguished contributions to the growth and development of Guyana’s jurisprudence and constitutional democracy.”
The honour of Silk is conferred on distinguished lawyers. This status is recognised by the courts and gives recipients privilege and respect.
Thursday’s conferral of Silk came hours after the High Court ruled that the President of Guyana has the power to confer lawyers with the dignity of Senior Counsel, otherwise known as Silk.
Jonas had filed legal proceedings to have the court quash the appointed of four lawyers to the status of Senior Counsel in 2019 by former President David Granger, deeming it unconstitutional.
However, Jonas told reporters following the conferment ceremony that he was never going after the four attorneys, but was merely trying to ensure transparency in the process of appointing Senior Counsel.
“What happened over five years is, we saw a fair amount of arbitrariness [and] lack of transparency with what was done… I decided that the next go around I would make an approach to the court to challenge the process so that the court can make a pronouncement on what the process should be… It has nothing to do with the individuals, it had to do with the process,” he asserted.
According to the newly appointed Senior Counsel, the absence of transparency is the cause for corruption is the country. To this end, he noted that he would be “lobbying” for there to be standard regulations in the appointment process.
“We must not have any more surprises [in the conferral of Silk]. There were no surprises today. Nandlall is eminent, he’s deserving. Jamela is eminent, she’s deserving… Good people have been overlooked before, that mustn’t happen… So, at long last, there is a predictability in the process, but we need to make sure that it is transparent enough that no one is surprised when they see who turns up to the party,” the attorney posited.
On this note, Jonas suggested that a committee be set up to oversee the process. That committee should comprise the Chancellor of the Judiciary, the Chief Justice, a judge, three Senior Counsels and the Attorney General.
“Let them agree who to invite to apply, and then by majority, in a secret meeting, let them decide and make that proposal to the President. What happened before was that the judges were invited to submit names [of lawyers], but the names [appointed] did not concur with what the judges submitted, and that shouldn’t be,” he posited.
In fact, the newly appointed Senior Counsel disclosed that when he was offered the appointment, he informed President Ali that he would not accept it until the judges give their imprimatur.
“This was back in October. He called me the next day and he said he’s received written confirmation from the Chancellor that the judges had approved my nomination, and therefore I told him I’m willing to go ahead, subject to the pending litigation… To be judged by a jury of your peers means people who know what you know and who are competent to assess you must be the ones to make the decision,” he contended.
Nevertheless, Jonas said he is satisfied with the process of his appointment, which he noted is in accordance with the court’s ruling.
Meanwhile, Attorney General Nandlall also told reporters on Thursday that while there are different mechanisms in place in other Commonwealth countries in regard to the conferment of Silk, there will have to be discourse on the way forward in making future appointments in Guyana.