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Judges can be removed for delays in writing decisions – Attorney General
Guyana’s Attorney General (AG), Anil Nandlall, S.C.
Kaieteur News – Attorney General (AG), Anil Nandlall, SC has warned that delays in judges writing their decisions can result in removal from the bench or termination of service.
Speaking on his programme, ‘Issues in the News,’ Nandlall noted that allegations are being made that judges are not writing decisions on time.
“As a politician, I walk one end of this country to another, and whichever community I go, I meet with persons who raise with me their case or cases that are pending in the system here in Guyana, (complaining) that the matters are not being heard and determined quickly. Specifically, allegations have been and are being made that the judges are not writing their decisions in time,” Nandlall stated.
The issue is being raised in wake of similar complaints being lodged by the Bar Association of Barbados against judges in that country. The AG noted that in Guyana delays with writing judicial decisions has become chronic issue. “Barbados has it in its constitution, but we have a legislation that mandates judges to write decisions after hearing submissions and arguments in a case within a prescribed time. That prescribed time is four months, or 120 days; or let’s even says six months,” Nandlall said.
He continued “Time limits for judges to issue written decisions are laid out in the Time Limit for Judicial Decisions Act [2009].”
Nandlall stressed that Article 197 (3) of Guyana’s Constitution states, “A Judge may be removed from office only for inability to perform the functions of his/her office whether arising from infirmity of mind or body … or for persistently not writing decisions or for continuously failing to give decisions and reasons therefore within such time as may be specified by Parliament.”
“This law,” the Attorney General said has been passed nearly 15 years now, and it is not being complied with. “Now, I know there have been shortages of judges and there have been many reasons and issues affecting the Judiciary; but there is a law, and this law must be complied with. Every other person in the country is expected to comply with the laws of this land. The executive is held to comply with the law, every agency of state is enjoined to obey the law, no agency is above the law,” Nandlall said. To this end, the AG stressed that no one in Guyana, even the Judiciary, is above the law. “No agency is above the law. That is the essence of what we call the rule of law. In Guyana also, like Barbados, our constitution provides that a judge can be removed from office for not writing decisions in a timely manner.” “Parliament has passed a law prescribing the time within which decisions must be written by judicial officers. That law is not being complied with. Like Barbados, Guyana has a bar association. We are going to have more judges appointed, and there will be an expectation that the law in relation to (timely) writing of decisions will be obeyed,” the AG emphasized.
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