President Granger swears-in two Justices of Appeal

May 18, 2017 News

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Responding to the need for judges to sit on the Court of Appeal, Justices Roxane George-Wiltshire and Justice Dawn Gregory were sworn-in as Justices of the Appellate Court in the presence of colleagues, government officials

and relatives.
The ceremony was held at State House, Carmichael Street. The two Justices join the Chancellor of the Judiciary, Justice Yonette Cummings-Edwards who also sits as an appellate judge.
Speaking at the ceremony was His Excellency the President, David Granger.
In his initial statements, the President emphasised that the Constitution of the Cooperative Republic of Guyana, which is the supreme law of the country, protects and preserves the independence, impartiality and integrity of the Judicature.
He said that the installation ceremony of judges is an affirmation of the Government’s commitment to ensuring a judicial system that reflects the values of independence, impartiality and integrity.
“The supremacy of the Constitution, the legitimacy of government, the efficacy of political democracy and the safety and felicity of our people would be impossible without the existence of an independent judicature. The judicature is fundamental to good governance, because it protects the people’s rights and prevents the emergence of autocracy.”
The President explained that the Constitution recognises the separate roles and responsibilities of the legislative, executive and judicial branches of government. He said that the Constitution makes special provisions for protecting the Judicature against the perils of executive domination and legislative encroachment.
“The Constitution proscribes interference in the work of the judiciary. Article 122A (1) states: ‘All courts and all persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control.’”

Granger said categorically that the Executive branch of government has no interest in interfering in the adjudicatory role of the judiciary. He added, “The Executive has taken steps to ensure that the judiciary does not feel beholden to the government of the day. The enactment of the Fiscal Management and Accountability (Amendment) Act of 2015 provided, for the first time, for the financial autonomy of the judiciary in accordance with the Constitution… The Executive branch of government has no interest in interfering in the work of the judiciary. It seeks, only, the preservation of a judiciary which is unbiased, unblemished and unmindful of personal prejudices.”
According to the Head of State, independence of the judiciary means that it must be protected from both private and partisan interests, such as from persons or pressure groups and from the influence and control of the other branches of government.
On the same note, Granger said that judicial independence is essential to ensure the integrity of the rule of law, a principle that requires everyone to be subject to the law and prescribes that no one should be above it.
Addressing the Judicial Service Commission, the President said that the Commission is empowered by the Constitution of Guyana to make appointments, remove, and to exercise disciplinary control over certain judicial and legal officers.
He said that the Commission is expected to be the fearless custodian of the highest standards of judges’ personal conduct. Further, he said that the Commission is obliged to ensure that its recommendations for appointments will be made only on the bases of clearly defined criteria applied in assessing the appropriateness of appointees.
Granger then pledged his government’s support to respect the authority and dignity of the judiciary.
“The judiciary’s efficiency relies on there being a full complement of judges and magistrates. The Government will support the efforts of the Judicial Service Commission in ensuring that vacancies are filled to ensure respect for the recommendations of judicial appointments, based on the objective criteria which have been prescribed.”
Meanwhile, the process is underway to have more judges appointed to the court, as there still is an existing shortage. The full complement of the Court of Appeal is five judges. According to Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards, the JSC is considering Justice Rishi Persaud to fill one of the five spots. Justice Persaud was nominated by the JSC.
She said that the delay in appointing Justice Persaud was due to his father being a member of the JSC, which prevented him from being interviewed. She said that the judge’s father has since recused himself and with the swearing-in of additional members of the JSC, Justice Persaud’s interview will be held shortly.

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