Latest update January 1st, 2025 1:00 AM
Mar 10, 2018 News
There is mounting pressure for the administration to confirm a Chancellor of the Judiciary but differing sentiments, yesterday, indicate that it may all be easier said than done.
The Guyana Bar Association, during an oil and gas conference at the Ramada Hotel, Providence, yesterday appeared to have confidence in Yonette Cummings-Edwards being given the nod to be confirmed into that position.
She is currently acting in that post.
However, the administaration has already nominated Justice Kenneth Benjamin for that critical post.
Under the current laws, the Government must consult with the Opposition Leader for the appointments.
Opposition Leader, Bharrat Jagdeo, last month signalled his rejection of Benjamin and Cummings-Edwards who was nominated for the Chief Justice post.
Yesterday, the Private Sector Commission (PSC) was impatient.
Referring to statements earlier in the day attributed to an official of the Bar Association, the
PSC said it would like to thank the body for educating the general public on the constitutional responsibilities of the President and Leader of the Opposition with regards to the appointment of the Chancellor and Chief Justice of Guyana.
“The PSC is concerned that the President and Leader of the Opposition were unable to come to an agreement on the appointments after a lengthy process. The PSC is calling on the President and the Leader of the Opposition, in the national interest, to again confer in good faith and agree on the persons to be appointed substantively Chancellor and Chief Justice as required by the Constitution without further delay. “
PSC, a business body representing some of the country’s biggest entities, including banks, said that an independent judiciary is important for a thriving democracy, and all actions that may impair the independence of the Judiciary should be avoided at all cost.
At the Ramada Hotel, earlier in the day, Treasurer of the Bar Association, Attorney-at-law Devendra Kissoon, in introducing the acting Chancellor, said she is a fiercely independent official.
The lawyer urged that she and current acting Chief Justice, Roxane George-Wiltshire, two “wonderful persons” be confirmed.
The introduction was met with a standing ovation.
At the event were several judges, magistrates, lawyers, and Ministers Joseph Harmon, Khemraj Ramjattan and Speaker of the National Assembly, Dr. Barton Scotland.
Questioned later on the stance of the administration, the State Minister during the post-Cabinet press briefings made it clear that there is a consultative process in choosing persons for the two positions.
Already, the Leader of the Opposition has signalled his rejection of the nominees submitted by Government for the two positions.
The president has been seeking legal advice on the matter, Harmon disclosed.
In early February, Jagdeo wrote the President on the appointments of the Chancellor and Chief Justice.
He referred to the previous consultative meeting held on January 3, 2018.
“…I have duly considered the two nominees for whom you seek my agreement for appointment as Chancellor of the Judiciary and Chief Justice, respectively, in accordance with Article 127 (1) of the Constitution of the Cooperative Republic of Guyana. As promised, I have done the requisite due diligence. It is with deep regret that I inform you that I am unable to offer my agreement to the appointment of Mr. Justice Kenneth Andrew Charles Benjamin, as Chancellor of the Judiciary and Madam Justice Yonette Decina Cummings-Edwards O.R., as Chief Justice.”
Jagdeo noted that he remains cognizant of the fundamental importance of securing substantive appointments to these two high constitutional offices.
“As a result, I am committed to continuous engagement with your Excellency until there is due compliance with Article 127 (1) of the Constitution.”
The Government and the Opposition have been at odds over the appointments of persons to a number of key positions.
The Chancellor is the head of the judiciary.
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