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Search on for new Chief Justice
With Ian Chang, the current acting Chief Justice (CJ) slated to go into retirement in a matter of months, Government has started searching for another Judge to take up his post.
Chief Justice (Ag),
Ian Chang
Justice Chang was appointed as acting Chief Justice in 2000 will be up for retirement in February but according to Minister of Legal Affairs and Attorney General (AG) Basil Williams, Justice Chang may be off the job before that since he is expected to proceed on his entitled leave soon.
Speaking to the media at his Carmichael Street, Georgetown office yesterday, Williams revealed that the administration is already engaged in discussion on the upcoming appointment. Though he told reporters that he has already discussed potential candidates with President David Granger, Williams stopped short of revealing the names of the prospects.
The AG, in fact, highlighted that the government intends to address the situations of the CJ and Chancellor being in acting positions for well over a decade. He explained appointments will duly be made by the President after obtaining the agreement of the Leader of the Opposition.
This, he said, has not been done in years.
He said that while the Chief Justice’s tenure comes to an end in a matter of months, he has not taken leave in years. “The requirement in the Public Service Bill and under this new Government is that people have to take their leave, and that applies across board,” Williams said.
He said that it is not a question of discretion since their position on annual leave is clear; a vacancy in the position will arise shortly.
“When the Chief Justice goes on leave obviously somebody has to act in his position. That person who acts in his position until the expiry of his retirement would have to be a person who is appointed by the President after meaningful consultation with the Leader of the Opposition,” Williams told reporters.
Attorney General (AG) Basil Williams
The AG also underscored a benefit to persons taking leave. It offers an opportunity to refresh oneself also provides an opportunity for an assessment to be done on the person who will temporarily fill their post.
Williams explained that the current Chancellor is acting. His substantive post is that of the Chief Justice. He explained that as it is currently, Justice Carl Singh is acting Chancellor and Justice Ian Chang is acting in the post of CJ.
As such, Williams explained that when Chang goes on leave, there will be a need for someone to act up in his current post.
Further, Williams said that the government is looking into the days of leave accumulated by Chang and he will have to take it. Williams said Chang is entitled to ten weeks leave for this year alone.
“He has ten weeks for sure for this year and he has never gone on leave before. There would either have to be proof that it was officially deferred before that could factor in,” expressed the Attorney General.
He said checks will be made with the Ministry of Finance to determine whether Chang was paid in lieu of his leave. Williams said with a February due date for retirement, it is quite possible that Chang’s leave will head straight into his retirement, unless his leave in previous years were lawfully deferred.
Williams reiterated that the government’s plan was for agreeing on a protocol to break the deadlock over the appointment of a consensually agreed Chancellor and Chief Justice and bring an end to the practice of appointing governing party cronies to the Magistracy and Bench.
The fact that for well over a decade the country’s two top judicial officers have not been confirmed in their posts, the Guyana Bar Association recently said the situation has gone beyond the point of mere unacceptability.
They said the situation was rare and the time has come for action to be taken to remedy the situation, especially given the crucial nature of the Chancellor and Chief Justice posts.
The body of local legal minds stated that the David Granger administration has now had more than four months to bring some order to this messy situation but it has done nothing they know of.
They called on the government to act immediately to remedy the situation.
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