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As key third term ruling looms…Govt begins quest for new Chancellor, Chief Justice
As the country gets ready for a possible Court of Appeal ruling for a third presidential term
About to retire: Chancellor Carl Singh
for Bharrat Jagdeo, Government is moving ahead with the process to choose two new top judges in the judiciary – a Chancellor of the Judiciary and a Chief Justice.
Yesterday, the Supreme Court of Judicature published a vacancy notice for both positions in Kaieteur News.
The current Chancellor (acting) is Carl Singh who due to retire next month.
The Chief Justice (ag) is Yonnette Cummings-Edwards. She has not been confirmed since being sworn in by the Coalition Government in December 2015.
In essence, the Chief Justice is the most senior judge in the High Court.
According to the vacancy notice, under the constitution, both positions have to be appointed by the President, after obtaining an agreement from the Leader of the Opposition.
“There is a vacancy for the Office of the Chancellor. A vacancy for the office of the Chief Justice shall shortly arise,” the notice said.
The Chancellor has long since been considered as head of the judiciary.
The persons applying for the positions must be a judge of a court with unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court.
The candidates must also be qualified for admission as an attorney-at-law in Guyana and has been so qualified for such period as may be prescribed by Parliament.
The date for the closing of applications is on January 27th with applications to be sent to the Minister of State, Ministry of the Presidency.
On Friday, Attorney General (AG) and Minister of Legal Affairs, Basil Williams, questioned
Chief Justice (ag), Yonette Cummings-Edwards
the haste by Chancellor of the Judiciary, Justice Carl Singh, to complete the hearing of the appeal on whether former President Bharrat Jagdeo can run for a third term.
The matter came up the same day in the Court of Appeal, where Justice Singh announced that he will hand down a ruling in the matter on February 15, although there have been no arguments or submissions by the parties involved.
Instead, the parties have been given one week to present written submissions.
The AG believes that Justice Singh wants to hand down a ruling in the matter before he demits office on February 23, having reached the age for retirement.
The Chancellor and Chief Justice positions have always been one jealously guarded by consecutive administrations.
It has not been unknown for Government to ask top functionaries to stay on a little while longer.
Despite Justice Singh acting in the latter position since the mid-2000s, he was never confirmed. It does not appear he will be confirmed now. He is the substantive Chief Justice.
Neither was the former Chief Justice (ag), Ian Chang, who retired at the end of 2015.
Singh had one time performed the functions as both the Chancellor and Chief Justice was forced to relinquish the latter amidst criticisms.
In the mid-2000s, former Justice William Ramlall ruled that it was unconstitutional for Justice Singh to perform the duties of both offices.
He was appointed acting Chancellor since 2005 and is about 65 years now. A school teacher who went to study law, Justice Singh reportedly qualified as a lawyer about 30 years ago.
He was made a temporary Land Court Judge for less than a year, before returning to private practice. He was later appointed a Judge of the High Court and later a Justice of Appeal.
He reportedly oversaw a programme to tackle the huge backlog of cases and was instrumental in the establishment of the Commercial Court and the training of mediators.
The Chancellor sits as chairperson of the Court of Appeal and plays a decisive role which judges will sit in appeals.
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