Justice Cummings-Edwards named Chancellor (ag)

Mar 02, 2017 News

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• Justice George-Wiltshire to be Chief Justice (ag)

  Two women have been tipped to take up the two most powerful posts in the judiciary- that of Chancellor and of Chief Justice.
  Following a meeting late yesterday between President David Granger and Opposition Leader, Bharrat Jagdeo, it was proposed that Justice Yonette Cummings-Edwards be appointed as the Chancellor (acting). A proposal was also taken by President Granger that Justice Roxanne George-Wiltshire will be Chief Justice (acting).
  The Chief Justice functions were being performed by Justice Cummings-Edwards up to yesterday.
  Confirming the decision last evening, Minister of State, Joseph Harmon, disclosed that while Jagdeo was not in agreement with the decisions, the two judges will carry out their duties until a panel, that was established to interview candidates for the Chancellor and Chief Justice positions, submits its recommendations to the President.
  That interviewing panel includes Justice (retd) Claudette Singh, SC; Professor Harold Lutchman, SC; Justice (retd) James Patterson.
  Justice Singh, who heads the panel, is the current police legal advisor. Patterson was a member of the commission of inquiry into the deadly Camp Street prison fire of March 3, 2016.
  The two judicial posts are the most powerful positions and were never held by two women simultanelously before.
  According to Minister Harmon, the panel has to do its work. About five or six persons were interviewed for the Chancellor’s position.
  The Chancellor of the Judiciary is the chief representative of the judicial authority of Guyana.
  The appointments of the Chancellor and Chief Justice are provided for in Article 127 of the Constitution which says that “The Chancellor and the Chief Justice shall each be appointed by the president, acting after obtaining the agreement of the Leader of the Opposition.”
  Cummings-Edwards was appointed as Chief Justice (ag) in December 2015, following the retirement of Ian Chang, SC.
  Both women had emerged from the Chambers of the Director of Public Prosecutions, later becoming judges.
  Constitutionally Required
  Meanwhile, late last evening, the Ministry of the Presidency explained that President Granger earlier met with Jagdeo, as is constitutionally required, to consult on the appointment of a Chancellor of the Judiciary (ag) and Chief Justice (ag).
  “Following that meeting, Minister of State, Mr. Joseph Harmon announced that effective March 1, 2017, that Justice Yonette Cummings-Edwards, who has been acting as Chief Justice will assume the responsibility of Acting Chancellor and Justice Roxanne George-Wiltshire will replace her as the new Acting Chief Justice.”
  Minister Harmon, who along with the Attorney General, Minister Basil Williams, accompanied the President at the meeting, said that discussions between the Head of State and Jagdeo were ‘meaningful’ and ‘very frank and fruitful’.
  He added, however, that though the Opposition Leader requested a period of seven days to submit additional names for consideration, there is no requirement for him to agree for appointments of Chancellor (ag) and Chief Justice (ag) and the President can make such appointments once consultations are held according to the Constitution of Guyana.
  “For the substantive posts of Acting Chancellor and Chief Justice, though, Article 127 of the Constitution says “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”
  The Government statement said that to ensure that there is an open and transparent process that helps the President and the Leader of the Opposition to reach an agreement, the Government has begun a process of selection, which will include consultations between the two parties.
  Both posts were advertised and applications have been received as recommended by President Granger.
  To Be Consulted
  That report and the information derived from the interview process will be submitted to the Leader of the Opposition, according to the Minister of State. “We will have to have consultations so at that point the Leader of the Opposition will be invited to consultations… That process also requires that he be given in advance the names of the persons who are proposed, the Curriculum Vitae of those persons and all information, which we will have at our disposal and that information will come out from the interviewing process, which took place recently.
  So we will submit all of that information to the Leader of the Opposition so that he will recognise that the choice which was made was a good one and I’m sure, will find his agreement,” the Minister of State said.
  Harmon said that Government believes that this process sends a strong signal to professionals in the conduct of their public life as their record will be scrutinised as they seek to advance in their careers.
  “What we have done is to basically introduce a process, which will add to the entire architecture of the legal system in this country that will see our Judges going through a process before they are actually appointed and, therefore, the things like the quality of the judgement, which they give once they want to move to higher office, all of these are issues which are taken into consideration,” he said.
  The Opposition Leader was accompanied by Member of Parliament, Anil Nandlall.
  The vacancy for Chancellor was created recently with the retirement of Justice Carl Singh, who like Justice Chang, was never confirmed to their respective substantive positions.

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