Every branch of government, including the judiciary, can be subject to criticism

Nov 25, 2025 Letters

Dear Editor,

The Judiciary should not be considered untouchable or immune from public criticism. Holding it accountable partly through critique is essential.

Treating the Judiciary as “sacred” is an outdated colonial idea that no longer fits into today’s world. The influence of social media, free speech, transparency, and accountability which lead to genuine legitimacy makes this concept irrelevant. In a rapidly changing society such as Guyana, public scrutiny should apply to every branch of government—Legislative, Judicial, or Executive.

In a recent High Court case, President Dr. Irfaan Ali disagreed with Justice Geno Persaud’s decision to dismiss the GRA’s case against Mr. Azruddin Mohamed about additional duty on a Lamborghini. The President has denied allegations of judicial interference, stating that as chief executive he may critique rulings he believes are factually unsupported or inconsistent with similar cases.

Recent court decisions on 2020 election petitions have aroused skepticism by the public, including politicians, on the work and rulings of the Guyana Court system. They have raised concerns about the Guyana Court of Appeal’s rationale and adherence to legal principles especially in politically related cases. For example, when the Court of Appeal judges ruled that 33 is not a majority of 65, it provoked public and executive disbelief. Without the public and politicians’ active engagement during the pre-and post-2020 elections, Guyana could have faced serious instability, even anarchy, and risked an opposition takeover.

President Ali compared Judge Geno Persaud’s ruling in the GRA case with Chief Justice Roxanne George-Wiltshire’s decision in a similar revenue matter. He claimed that Judge Persaud’s verdict was flawed and it threatened the GRA’s ability to collect duties, potentially harming national revenue collection. In contrast he commended Chief Justice George-Wiltshire’s judgment for safeguarding the tax system and stressed that public interest should also guide judicial decisions. Observed the President, “Justice George’s ruling has restored clarity and protected the tax system, reversing a flawed decision that exposed Guyana’s revenue to fraud and falsification.”

Critics readily point out whenever the executive branch allegedly exceeds its authority, but it is equally important to hold the judiciary to the same standards. Judges are responsible for interpreting laws and protecting individual rights—not for creating law or making executive decisions.

They should be guided by the principle of “judicial restraint.” However, some judges, influenced by their personal ideology make rulings that seem more like executive actions or new laws; scholars call this “judicial activism.”

Judicial immunity from criticism is a colonial legacy that is irrelevant to an evolving system that requires transparency and accountability from all branches of government. In the United States, for example, courts face open criticism from the public and officials, including Congress.

Today in the US and other democracies, modernization and social media have a profound influence on perceptions of the Court. While some people argue for the right of the executive and citizens to voice disagreement with judicial decisions, they should respect the judicial office and avoid personal attacks. Constructive criticisms support accountability, and judicial restraint may lessen critique.

Sincerely,,
Dr. Tara Singh

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