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AG backs calls for new formula to appoint chancellor, chief justice
Kaieteur News – A provision in the constitution which requires agreement between the President and Opposition Leader for the substantive appointment of the Chancellor and Chief Justice of Guyana, has resulted in deadlock for more than 22 years when it comes to selecting permanent holders of the two top judicial offices.
Attorney General, Anil Nandlall SC.
As such, various sections of the legal fraternity have been in support of recommendations towards amending of the provision used to appoint these judicial officers. The most recent endorsement came from Attorney General (AG) and Minster of Legal Affairs, Anil Nandlall SC.
During an airing of his Facebook commentary programme, ‘Issues in the News,’ on Tuesday AG Nandlall reiterated his support for the review and amendment of the provision. Nandlall’ s views came hours after President of the Bar Association of Guyana, Pauline Chase addressed the absence of permanent appointees of the post of Chancellor and Chief Justice at the first in-person opening of the Demerara Criminal Assizes, since the COVID -19 pandemic.
In her remarks Chase noted that the absence of substantive office holders as an “embarrassment state of affairs” that needed to be corrected swiftly. Chase said that the issues needs to be addressed quickly because it adversely affects Guyana’s standing the world in the Rule of Law Index and as a democratic society.
“The time has come to find a better approach to appoint those two top judicial officers. “I, therefore, urge and call on those who the duty so falls, to start the consultative process and put into motion the machinery to address the correction of this unworkable and failed formula,” Chase stated.
President of the Bar Association of Guyana, Pauline Chase.
During his programme, Nandlall noted that this has long been his position. “This has long been my position; reason being is that ever since this formula was put into the constitution, a President has never been able to secure the agreement of the Opposition Leader on the matter, as a result since 2001 we have not had the substantive appointment of neither a Chancellor nor Chief Justice which is a real sad state of affairs.“ ..That formula needs to be change; no other country in the commonwealth Caribbean has such a formula. In fact, the only country in the world that has such a formulation I believe is Pakistan, and like us they have never had an agreement for the appointment of a chief justice… the system simply does not work,” he added.
Nandlall noted that when the provision for consensus came into force, it was based on a suggestion from the Bar association. The Attorney General explained that framers of the amendment to the Constitution in 2001 had also included a provision for the President to appoint a Chancellor and a Chief Justice to act if he failed to get the agreement of Opposition Leader on the nominees.
Nandlall told viewers that the issue will be addressed during the process of constitutional reform. He noted nonetheless, that since the constitutional reform process has started, he stayed clear of suggesting what the new formula should be but stressed that every effort should be made to break the gridlock mechanism which constitutionally requires the approval of those permanent appointments by the Opposition Leader.
“I don’t think we need more lessons. We have 22 years of experience so when we start the constitution reform process, I hope that we would be guided by these real examples and don’t make fanciful recommendations, idealistic and unreal recommendations. The thing simply does not work. It makes no sense putting into a law and worse yet, putting into a constitution a mechanism that is going to cause deadlock,” he said.
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