Two years later …Still no judicial service commission

May 19, 2019 News

It’s been two years since the last board of the Judicial Service Commission was actively in place.

Some members of the last JSC from Left: Chancellor of the Judiciary, Justice Yonette Cummings Edwards; Chief Justice, Justice Roxanne George; President David Granger; GPSU President, Patrick Yarde; and Minister of State Joseph Harmon

The JSC by legal definition is the guardian of Guyana‘s judicial autonomy. The Commission is responsible for making recommendations for judicial appointments and removing or exercising disciplinary control over persons holding or acting in judicial offices.
However for the past two years, the State has had several delays in the appointment of a new board. The delays have resulted in criticisms being leveled against the State from lawyers and litigants alike.
Peoples Progressive Party, Civic, PPP/C Executive and Attorney- at- law, Anil Nandlall, was amongst those calling for the board of JSC to be resuscitated.
Nandlall had accused the Government of trivialising the very important constitutional agency.
Even senior judicial officers commenting on the absence of the JSC, have noted that the void has put the independence of the judiciary at stake.
“As such, the government should make every effort to ensure that it is placed. It should be treated as a priority.”
Last January, President David Granger promised to have a new board of the Judicial Service Commission (JSC) in place before the end of the month.
President Granger had said that he had been in discussion with the relevant officials on the matter.
The President said that he has held discussions with a number of persons including the Minister of Legal Affairs. “I am hoping that it could be done during this (January) month.”
He said the JSC is intended to insulate judicial appointments from political partisanship and personal and other biases while ensuring that its recommendations for the appointment of judicial officers flow from a dispassionate and objective process.
“The JSC is the custodian of the values and standards of ethical and legal probity by judges and judicial officials. The JSC must zealously ensure that the personal conduct of judges does not bring the judicature into disrepute. It must preserve and protect the system’s integrity,” the President added.
The Chancellor and the Chief Justice are ex-officio members of the JSC. The body includes Chairman of the Guyana Public Service Union, (GPSU), a member appointed by Parliament and one by the President.
The life of the membership of the last JSC expired September 30, 2017.
As such, social and political commentators have lamented that the absence of the board is creating a constitutional vacuum.

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