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Govt. appoints another appellate judge to clear backlog …President seeking advice on top judicial posts
Senior Counsel Rafiq Khan (L) receives his instrument of appointment as Acting Justice of Appeal from President David Granger.
Senior Counsel Rafiq Turhan Khan has been appointed Acting Justice of Appeal for six months as efforts continue to clear the backlog in the judiciary.
President David Granger administered the Oath of Office to Justice Khan on Wednesday at State House following a recommendation from the Judicial Service Commission (JSC) in accordance with Article 128 (2) (D) of the Constitution.
Justice Khan’s appointment was approved in July last year, before the expiration of the JSC. The appointment took effect yesterday.
“The Government of the Cooperative Republic of Guyana is committed to ensuring equal protection and benefit of the law through its support for access by all to justice and the efficient and timely dispensation of justice by the courts. Equality before the law can exist only where there is access to the law. The absence of such access deprives citizens of equal protection and benefit of the law,” the President stated.
Justice Khan has been practicing mostly Civil Law for the past 30 years. He also taught at the University of Guyana for about three years, served on the Rows Committee for 10 years and the Legal Practitioners Committee for 15 years. He was elevated to the status of Senior Counsel in 2017.
“I think I can bring to the table vast experience in civil procedure, and when you come out of the private practice and you go onto the bench, you bring a different perspective. I am not saying it is a better perspective, but you get a wider view of complex legal problems,” Justice Khan noted.
Last month, President Granger appointed Attorney-at-Law Dr. Arif Bulkan as an acting Judge of the Court of Appeal.
According to the President, the full complement of legal officers enables judicial efficiency, ensures that citizens’ cases are heard expeditiously and enhances public confidence in the rule of law.
There has been a shortage of Appeal Court Judges. In May 2017, President David Granger swore-in Justice Yonette Cummings-Edwards and Justice Roxane George-Wiltshire as Acting Chancellor of the Judiciary and Acting Chief Justice.
The President attempted to remedy the issue of ‘acting appointments’ in the judiciary at the start of the year. He expressed disappointment that his nominees Justice Kenneth Andrew Charles Benjamin, as Chancellor of the Judiciary and Justice Cummings-Edwards, as Chief Justice were rejected by Opposition Leader, Bharrat Jagdeo earlier this month.
Granger stated that he has to be advised by Minister of Legal Affairs and Attorney General, Basil Williams on the way forward.
“It is not desirable to continue the practice of acting that has existed for several years, and I would like to have a substantive appointment. It is a question of necessity. The courts cannot be paralyzed by the behaviour of one person. After the first meeting I waited nearly a month and I was disappointed,” Granger stated.
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