In its Emergency Budget presented last Wednesday, the PPP/C Administration reaffirmed its commitment to justice reform and strengthening. Noting that it has a packed legislative agenda in that regard, Government revealed that it will explore ways in which it can collaborate with the Judiciary to ensure the swift delivery of justice.
Government said that this will include the constitutional process for the appointment of additional Judges under a new Judicial Service Commission (JSC). Among other things, the functions of the JSC is to advise the President on the appointment of Judges, with the exception of the Chancellor and the Chief Justice.
Already, there have been calls for the appointment of a Land Court Judge in Berbice. That further, there are only 14 of the expected 20 High Court Judges, and three of the expected five Court of Appeal Judges.
High Court
A recent report by the United Nations Development Programme (UNDP) noted that if this state of affairs persists, there will continue to be a backlog of cases plaguing the criminal justice system. However, Judges cannot be appointed since the life of the last JSC which was appointed by former President Donald Ramotar expired in September 2017.
“If the present cadre of Judges is not increased, then the issue of backlogs will not be addressed. It is recommended that further options for increasing the human resource capacity including for judicial legal research assistants, Judges, prosecutors, and trained mediators be explored,” the report stated.
While the assignment of temporary Judges has been used in the past in the Court of Appeal, the report noted that this is not seen as a permanent solution.
The JSC is created by virtue of Article 134 of the Constitution. Its composition is set out under Article 198, while its functions are outlined in Article 199. It comprises the Chancellor, who is the Chairman, the Chief Justice and the Chairman of the Public Service Commission (PSC).
Among its members are the Chancellor of the Judiciary, who is the Chairman, the Chief Justice and the Chairman of the Public Service Commission (PSC). When it comes to the appointment of Justices of Appeal and Puisne Judges, the Constitution of Guyana clearly stated that the President is duty-bound to act on the recommendation by the JSC.
Appeal Court
In fact, Article 128 (1) (d) of the Constitution states, “If the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires, 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 require.”
The JSC also has the power to make appointments to remove and to exercise disciplinary control over persons holding or acting in the following offices – Commissioner of Title, Magistrate, Director of Public Prosecutions, Deputy Director of Public Prosecutions, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds and Deputy Registrar of Deeds and to such offices connected with the courts or for appointment to which legal qualifications are required as may be prescribed by Parliament.
Meanwhile, during a recent interview with Guyana Times, President of the Guyana Bar Association, Attorney-at-Law Teni Housty noted that the absence of the JSC is hindering the administration of justice. “We [Bar Association] are hoping for the timely recommissioning of the JSC,” Housty had said.
An issue to be dealt with once the JSC is reconvened is whether Registrar of Deeds, Azeena Baksh, who was convicted earlier this year of fraud, will resume duties. Reports are that Baksh increased her payment to $400,000 in 2014 when the Deeds Registry was merged with the Commercial Registry, without the approval of the JSC. As a result, she was charged with fraudulently procuring over $4.5 million.
Speaking on the matter, Attorney General and Legal Affair Minister Anil Nandlall had said that Baksh’s conviction is the subject of an appeal and if that conviction is quashed or set aside by a court of competent jurisdiction, then the Board of the Deeds and Commercial Registry will address the issue of her resumption, since, for all intents and purposes, she remains the Registrar of Deeds, having not been removed by the JSC.
