President exploring legal options after Jagdeo’s rejection – Harmon

– to have second level “meaningful consultations” with Opposition Leader

Despite Opposition Leader Bharrat Jagdeo’s rejection of his nominees for the two top judicial posts, President David Granger is likely to go ahead with the appointment of Justice Kennett Benjamin as Chancellor of the Judiciary and Justice Yonette Cummings-Edwards as Chief Justice.
Minister of State Joseph Harmon on Thursday told reporters at the post Cabinet press conference that given Jagdeo’s rejection, Government will be relying on provisions within Guyana’s Constitution going forward.
However, Harmon could not say whether the President will appoint his nominees in an acting or substantive role under those constitutional provisions.
“There’s a constitutional provision which we will look at. If in fact there is no agreement for them to be appointed in a substantive position, then there is a constitutional provision for them to be appointed otherwise,” he outlined.
On Wednesday, Jagdeo in a letter addressed to the President, said after having duly considered the nominations of Justice Benjamin and Justice Cummings-Edwards under Article 127 (2) of the Constitution, he is unable to offer his agreement for their appointments.
However, the Opposition Leader has since indicated his willingness to further engage the President on substantive appointments to the top judicial positions.
To this end, Minister Harmon noted that Government will be going ahead with “meaningful consultations” between the two sides as provided for in the Constitution.
“Mr Jagdeo’s rejection is constitutional, the President’s powers are also constitutional and there is a provision in the law which provides that in the event there cannot be agreement… then there is second level which now requires meaningful consultations. So I believe that is the next step we will go to,” the Minister of State posited.
According to Article 127 (2) of the Constitution; “If the office of Chancellor or Chief Justice is vacant…then, until a person has been appointed…, those functions shall be performed by such other of the Judges as may be appointed by the President”.
In this regard, the President is expected to write Jagdeo for another meeting.
“Constitutionally, there is a provision which will now kick in that will allow for another level of consultations before appointments are made,” Harmon noted.
On January 3, President Granger and his team held a meeting with the Opposition Leader and his team on the substantive appointments for the top judicial posts. In keeping with Article 127 (1) which states that “the Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition”, the two parties agreed to meet again on February 7, 2018, to follow up on the proposed names for appointment of the Chancellor and Chief Justice.”
However, on that date, the Opposition Leader wrote the Head of State, indicating his rejection of the nominees after due diligence.
President Granger had announced at his first press conference in two years, in December last year, that he has accepted a proposal from a committee that had been set up to review and interview applicants interested in the top judicial post after it was advertised locally, regionally and internationally.
Jagdeo had earlier warned that even though the President has to make the first move to resolve the decade-long failure to appoint a substantive Chancellor and Chief Justice, he would not allow himself to be coerced into accepting nominees just to fix the situation.
Meanwhile, Harmon told reporters at Thursday’s post Cabinet press briefing that while Government is committed to meaningful consultations with the Opposition Leader over the judicial appoints, they will not allow “the work of the Judiciary to be held in abeyance or be stymied by any intervention whatsoever.”