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Bar Association warns against appointing candidates to act as Chancellor, CJ
Justice Kenneth Benjamin
The Guyana Bar Association has issued a statement warning against the consequences of appointing candidates to act in the position of Chancellor and Chief Justice.
In a statement to the press last evening, the GBA expressed concerns over the issues surrounding the impending appointments.
The GBA underlined that Article 127 (1) of the Constitution of Guyana 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.
Article 127 (2) states if the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his or her office, or if the person holding the office of Chief Justice is for any other reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as shall be appointed by the President after meaningful consultation with the Leader of the Opposition.”
The Association noted that Article 127(1) is clear in its meaning and effect. The agreement of the Leader of the Opposition must be obtained for a substantive appointment of the Chancellor and Chief Justice.
“Article 127(2) is invoked when the President and Opposition Leader cannot reach agreement under Article 127(1). An acting appointment is made by the President after “meaningful consultation” with the Leader of the Opposition.
This has been done and therefore Article 127(2) has been fulfilled and exhausted, the GBA said in reference to the current acting appointees Justice Yonette Cummings-Edwards as Chancellor and Justice Roxane George as Chief Justice.
“It is only if any of the provisos in the said Article 127(2) occur can it be invoked once again, failing which, the acting appointments continue until a substantive appointment can be made under Article 127(1).
Any action outside of the said Article 127 is unconstitutional, void, of no legal effect and would have embarrassing consequences,” the group cautioned.
The GBA also warned that the current climate surrounding the offices of the Chancellor and Chief Justice is repugnant and shakes the public confidence in the legal system. It further unfairly undermines the dignity of the offices and office holders.
“In the circumstances, we urge the Parties to work to break the impasse and arrive at a consensual resolution, discharging their duties to the nation and in keeping with the spirit and intent of Article 127 of the Constitution which was amended from its original form to foster collaboration.”
Last month following the rejection of the two names for the top judicial positions in the country by the opposition, State Minister, Joseph Harmon noted that President David Granger is preparing for the next steps that could see appointments being made.
Harmon said that President Granger will be writing Leader of the Opposition, Bharrat Jagdeo, informing him that another level of consultations will be held before the appointment of a substantive Chancellor of the Judiciary and Chief Justice.
Minister Harmon made it clear that “the work of the judiciary will not be held in abeyance or will not be stymied by any interventions whatsoever.”
He noted that the Opposition Leader’s rejection of the nominees is constitutional as are the powers of the President.
“Where agreement cannot be met, there is a second level which now requires meaningful consultations, so I believe that is the next step we will have to go to,” Minister Harmon said.
The 63-year-old Guyana-born Justice Benjamin is currently serving as Chief Justice of Belize, has been identified as the President’s choice for Chancellor while Justice Cummings-Edwards is tipped for the substantive post of Chief Justice.
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