Latest update April 18th, 2025 8:12 AM
Dec 05, 2018 News
The Government is once again being accused of trivialising the Judicial Service Commission, an important constitutional agency. In response to comments made by Minister of State Joseph Harmon on Friday, Judicial officers have joined the call for Government to make reconstitution of the JSC a priority.
The JSC is a constitutionally established body, which holds the authority to make appointments and to remove and exercise disciplinary control over persons holding or acting in judicial offices.
Commenting on the absence of the JSC, a senior judicial officer noted that in its absence the independence of the judiciary is at stake.
“The JSC by its legal definition is the guardian of our autonomy. The JSC upholds the independence of the judiciary. It ensures by its diligence that judicial officers resist being influenced by improper partisan and personal interests.”
As such, the government should make every effort to ensure that it is place. It should be treated as a priority. ”
Recently, retired Judge Oslen Small is among those who highlighted the implications of not having the JSC board in place.
“That is something that should receive active consideration,” Justice Small told Kaieteur News during a recent interview.
“I really don’t know what the holdup is, but the JSC should be given priority, given its role in the constitution.”
Justice Small noted, however, that the JSC is made up of ex-officio members of the JSC and had included acting Chancellor of the Judiciary, the Chief Justice, Chairman of the Guyana Public Service Union, (GPSU) , a member appointed by Parliament and one by the President.
“These persons must be selected before the JSC is in place. I should hope that the Government is working on ensuring those persons are in place so that the new JSC board can be selected.”
The life of the membership of the last JSC expired since September 30, 2017.
As such, social and political commentators have lamented that the absence of the board is creating a constitutional vacuum.
Opposition parliamentarian and former Attorney General, Anil Nandlall has been among those calling for public condemnation of the government’s stance on the issue. Nandlall has criticized the government over the failure to appoint a new JSC Board.
The Judicial Service Commission (JSC) came to an end over a year ago but it is receiving the government’s attention, according to Minister Harmon.
“As soon as that is ready for public disclosure, I will do so,” Harmon said.
Minister Harmon gave the assurance that efforts are in train to have it reconstituted.
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