AFC wants legislation to address deadlock in appointment of chancellor, chief justice; Nandlall rubbishes plan

Jun 29, 2025 News

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Kaieteur News – Once elected to office, the Alliance for Change (AFC) intends to table legislation to address the deadlock that exists in the appointment of a Chancellor and Chief Justice, party leader Nigel Hughes said on Friday.

“An AFC administration will introduce legislation that says that in the event of a deadlock between the President and the Leader of the Opposition in relation to the permanent appointment of the Chancellor and the Chief Justice, that in such a deadlock, the Regional Judicial and Legal Services Commission be clothed with the authority to receive the nominations of both the President and the Leader of the Opposition and make a final determination in relation to those two positions,” Hughes told reporters at his party’s weekly press conference.

Hughes’ statement, which was also posted on his Facebook page, prompted a response from Attorney General and Minister of Legal Affairs, Anil Nandlall, SC.

Nandlall, on his Facebook page, screenshot Hughes’ statement and said, “Perhaps with all the political beatings, learned counsel maybe overwhelmed; for I cannot imagine that he would commit such an elementary error. The legislation which the AFC plans to introduce, will clearly be in tension with and in contravention of, the clear language of Article 127 of the Constitution and shall, accordingly, be unconstitutional, null, void and of no effect.”

The Attorney General explained that Article 127 states that the Chancellor and Chief Justice shall be appointed by the President after obtaining agreement from the Leader of the Opposition.

He argued that “It is rudimentary law that the doctrine of constitutional supremacy would prohibit legislation from removing a constitutionally vested power and residing it elsewhere as the AFC promises to do. But then again it might simply be deception or ignorance. What do you think?”

Guyana has been without a substantive Jhancellor and Chief Justice for over 20 years. The last person to be confirmed to the positions of Chancellor and Chief Justice was Justice (Ret’d) Desiree Bernard. Bernard was appointed the first female Chief Justice of Guyana and in the Commonwealth Caribbean in 1996. In 2001, Justice (Ret’d) Bernard was appointed as the first female Chancellor of the Judiciary of Guyana and in the Commonwealth Caribbean.

Former acting Chancellor of the Judiciary and Justice of the Court of Appeal, Carl Singh, retired in 2017 after serving 12 years. Justice Yonette Cummings-Edwards has been acting since then.

Similarly, Justice Ian Chung, who served as acting Chief Justice from 2010 to 2016, was never confirmed. Justice Roxane George has been serving in that position since 2017.

Last month, President Irfaan Ali acknowledged the importance of confirming persons to the top judicial posts but noted that he is still examining the issue of appointing substantive holders to the Office of Chancellor and Chief Justice.

The Head of State told reporters that his government is more focused on filling the vacancies that exist within the judiciary.

“The constitution provides how the Chancellor and Chief Justice are appointed, and I am sure that the leader of the opposition is aware of their appointment, and as I said, we continue to examine the issue.  We are ensuring that the judiciary itself is well equipped not only with the infrastructure itself, but with the appointment of these judges; they will be filling the different slots,” President Ali said.

“Now, the Judicial Service Commission will have to look at appointing more judges to the High Court because there has been opening there also to be filled… But of course, the matter of Chief Justice and Chancellor is important to me and the judiciary and our country, so I’ll continue to work to find a solution.”

There has been widespread conversation on the non-appointment of substantive chancellor and chief justice over the years. In January 2025, the President of the Bar Association of Guyana, Kamal Ramkarran, called for the immediate appointment of Yonette Cummings-Edwards and Roxane George-Wiltshire as the substantive Chancellor of the Judiciary and Chief Justice respectively.

Ramkarran, during the ceremony, emphasised that it was time to bring an end to the prolonged uncertainty, calling the current situation “untenable and unacceptable.”

“The situation is untenable and unacceptable, and it is not something we can continue to have happen,” Ramkarran declared. “There is no reason that we should be here 20 years later without a Chancellor or Chief Justice. This is something that should not be accepted by anyone.”

Ramkarran asserted that both women have served with distinction and are well-qualified to be confirmed in the permanent positions they currently occupy. “I certainly believe that the people who are performing the role of the Chancellor and CJ are the people who should be confirmed for the positions, and it should happen as soon as possible,” he added.

The issue, according to Ramkarran, lies in the constitutional provision in Article 127(1) of the Constitution, which requires the President to obtain the approval of the Opposition Leader before making such appointments. This provision has led to a deadlock, as successive governments have struggled to reach an agreement with opposition leaders.

Ramkarran noted, “During that time, a child could have been born, completed school, and even gotten a degree… it is a simple procedure.”

He also pointed out that Presidents of the Caribbean Court of Justice (CCJ) have publicly called for the confirmation of a substantive Chancellor and Chief Justice, signalling the broader regional concern over the matter.

Additionally, Leader of the Opposition Aubrey Norton has expressed formal support for the substantive appointments of Cummings-Edwards and George-Wiltshire, which is a necessary step in the constitutional process.

However, President Irfaan Ali and Attorney General Anil Nandlall have not provided any explanation for the delay in confirming these appointments.

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• AFC, Chancellor, Chief Justice, Hughes, Nandlall

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