Govt. committed to upholding constitution in judicial appointments - Harmon

Govt. committed to upholding constitution in judicial appointments – Harmon

Feb 21, 2018 News

Minister of State Joseph Harmon

Minister of State Joseph Harmon, has expressed concerns at the recent statement of the Guyana Bar Association (GBA) in relation to the appointment of Chief Justice, and Chancellor of the Judiciary.
The GBA had issued a statement warning against the consequences of appointing candidates to act in the position of Chancellor and Chief Justice.
The body cited Article 127 (1) and (2) of the Constitution of Guyana as a point of reference to explain its views as it relates to the impending appointments. It noted that any action outside of the said Article 127 is unconstitutional, void, of no legal effect and would have embarrassing consequences,” the group cautioned.
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).”
The GBA had 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.”
Responding to the statements of the GBA, Minister Harmon asserted that the Association is treading on dangerous grounds with the statement, despite the public statements made by the Head of State with regard to upholding of the Constitution.
“This is a rash statement from a Bar Association… more importantly having regard for the recent actions of the administration in ensuring that at all material times that the appointments to the Judiciary were made in good time and based on the advice of the Judicial Services Commission.
“The President has been at pains to respect the Constitution. Every action, which he takes is underpinned by the provisions of the Constitution, and so it is quite surprising to me that the Bar Association, having regard to what the President has actually said that he respects the Constitution and that he will act in accordance… that the Bar Association arrived at a conclusion that basically says that the current climate is repugnant and shakes the public confidence in the justice system,” Minister Harmon said.
The Minister of State further said that it is under this administration that the Judiciary has been strengthened, with Government’s emphasis on integrity, impartiality and independence. He said that while the Leader of the Opposition would have rejected the nominations for the two posts, no explanations were provided to the Government or the Guyanese society on his disapproval, with no public outcry.
“I don’t know what would have motivated them to take this position, because during the last consultation that was held between the Leader of the Opposition and the President, the Leader of the Opposition took a position that he was not in support of the nomination and he chose to give no reasons….
“The Bar Association was among many that criticised the President on that and actually went to Court to get a ruling that the President must give reasons. Now Mr. Jagdeo has taken this same position and they make no statement about it. It is saying to me that the Bar Association is going down a very dangerous line. People should not be afraid that the President will act arbitrarily. The President will never act arbitrarily,” Minister Harmon said.
Harmon assured that the administration remains committed to upholding the Constitution of Guyana. Any suggestion that it is not, or intends to do otherwise, is not based in fact nor is there any evidence to suggest that this ominous warning from the GBA, which has potential to create unwarranted fear, was required.