Given the decision to reject the nominee for the post of Chancellor of the Judiciary by Opposition Leader Bharrat Jagdeo, President David Granger has said there is nothing left to discuss on the matter.
The Head of State said he had looked forward to a timely settlement of the appointment, which many deem critical to the effective functioning of the judiciary, but that didn’t happen.
“The ball is in the court of the Leader of the Opposition. I made my proposals, he simply rejected them. He has not made any counter-proposals, so there is nothing to discuss,” President Granger said.
President Granger reminded that the decision is solely dependent on consultations with Jagdeo.
He said,, “I had hoped that we would have moved forward and been able to make subsequent appointments at this point, but I have to depend on his compliance.”
President David Granger
Asked whether he has received legal advice on the way forward in regard to these appointments, he said, “I know what needs to be done. I am well advised. But I have to wait on the Leader of the Opposition to respond to my proposal.”
Justice Kenneth Benjamin was nominated for the position of Chancellor of the Judiciary, while Justice Yonette Cummings-Edwards, the current acting Chancellor, has been nominated for the position of Chief Justice.
Concerns have been raised by the Bar Association in Belize about Benjamin’s failure, up to recently, to clear a backlog of cases by writing his decisions.
Jagdeo, in a letter addressed to the President, said that 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 of State, Joseph Harmon, subsequently said 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 a second level which now requires meaningful consultations. So I believe that is the next step we will go to,” Minister Harmon had said.
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”.
Guyana’s Constitution requires the Opposition Leader’s approval before the President’s nominees can be appointed to those two top judicial positions.
