Substantive appointment of Chancellor, CJ being examined – Pres Ali

…says Govt committed to ensuring judiciary well equipped

The matter of the substantive appointments of a Chancellor and Chief Justice of the Judiciary, is still being looked at. This is according to President Dr Irfaan Ali, who assured that the matter is a serious one, and that the government remains committed to ensuring the judiciary is well equipped.

The Guyanese Head of State was at the time speaking with reporters on the sidelines of the swearing in of five Appeal Court Judges on Wednesday at the Office of the President in Georgetown. When asked on the substantive appointments of the two highest offices of the judiciary, the President made it clear that he is looking at the issue holistically.
“We continue to examine the issue, and we are ensuring that the judiciary itself is well equipped not only with the infrastructure but with the human assets, so, the appointment of these judges in filling the different slots and of course, the Judicial Service Commission will now look at the High Court, because there will be opening there also,” the President said.
“All of this is in the process. I don’t look at the judiciary in isolation, I look in its entirety. Of course, the matter of the Chancellor and the Chief Justice is important to me, it is important to our country, and I will continue to work to find a solution,” President Ali further said.
Guyana has been without a substantive Chancellor since 2005. Since 2017, Justices Yonette Cummings-Edwards and Roxane George have been serving in acting capacities as Chancellor and Chief Justice respectively.
Article 127 (1) of the Constitution of Guyana states: “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”
This agreement stipulation, however, has consistently resulted in political deadlock, spanning over two decades and affecting four successive presidential administrations. Guyana’s last substantive Chancellor was the now late Justice Desiree Bernard, who served until 2005, when she left to join the Caribbean Court of Justice (CCJ). Since then, Justice Carl Singh was appointed acting Chancellor – a position he held until his retirement in 2017 without being confirmed.
Justice Cummings-Edwards was then appointed acting Chancellor in 2017 by former President David Granger. He had also appointed Justice George as acting Chief Justice in 2017. Prior to this, the late Justice Ian Chang was appointed acting Chief Justice in 2005, and served in that position until his retirement in 2015.
In the past, Attorney General (AG) Anil Nandlall, SC, along with past Bar Association President Pauline Chase, had advocated for a re-evaluation of the constitutional provisions governing these appointments. They have suggested this issue be addressed during the country’s much-anticipated constitutional review process.