Acting Chancellor on funding

Jan 19, 2026 Editorial, News

---

(Kaieteur News) – One of the pillars of a functioning democracy is an independent judiciary.  Independent in consistent practice and not just well-said words intended to disarm.  When government controls the purse strings of the judiciary that is a recipe for interfering in and influencing the work of the judiciary.  It may be slowdown, or unnecessary anxieties generated, caused by the control of those funds, which could lead some members of the judiciary to pause, to think twice.

When such circumstances are present, the independence of the judiciary has been impaired, no matter how small.  The fact that the acting Chancellor of the Judiciary, Justice Roxanne George, was moved to call for full self-accounting by the judiciary, as part of a culture that separates that interpretive body from the appearance or taint of Executive interference.

Article 222A of the Guyana Constitution speaks to the independence of certain budget agencies, which includes the Supreme Court of the Judicature.  Specifically, “the expenditure of each of the agencies shall be financed by a direct charge on the Consolidated Fund….”  Through Section 80B (1) to (4) to the Fiscal Management and Accountability (Amendment) Act, the APNU+AFC Coalition in 2015 had removed the Executive’s role in the budget proposals of constitutional agencies and placed that in the legislative realm.  In 2021, the PPPC Government moved to court and was able to reverse its predecessor’s action, which put budget submissions back into the hands of the responsible minister, a part of the Executive.  It seems that this has created a level of unease in acting Chancellor George.  For her to speak so clearly and openly on this issue signifies more than her unease.  It’s of someone who in the role of chief administrative judge thinks that the judiciary is constrained to some degree, and that brings its full independence into the spotlight.

The acting chancellor said, “Most importantly, I reiterate, the judiciary looks forward to full compliance with article 122A of the Constitution of Guyana, and the return of the judiciary to being a self-accounting entity which manages its tender processes with full accountability to Parliament regarding how it spends its budgetary allocation. As far as I am aware, Guyana was the first territory in CARICOM to provide for such autonomy to the judiciary. Therefore, full implementation of the fiscal management provisions is necessary to fulfill the constitutional mandate and retain our leadership in this regard.”

It is out of character for Chancellor George to be so forthright, so pointed in her language, in the public domain.  She is chaffing under what she interprets as restraints or, at least, the steps reintroduced by the executive in 2021 that have an impact on how the judiciary performs its functions.  We note her full-throated call (“I reiterate”) “full compliance with Article 122A of the Constitution of Guyana.  That may be a slip of the keyboard, since it is likely that the reference is to Article 222A.

And further, with the judiciary being “a self-accounting entity with full accountability to Parliament…”  Full compliance and full accountability are strong positions from anyone, but when taken by the acting chancellor of the Judiciary in Guyana, it takes on even more significance, particularly in the concerns about the constitutional entity’s independence.  Involvement in and efforts at control of, the allocation of funds for the judiciary should be handled with the greatest delicacy, if not left untouched altogether.  In the US, court budgets are channeled to the Office of Management and Budget, and is included in the

president’s overall budget.  But there is the important qualifier that no change can be made to what is submitted to the Congress for review and approval.

We think that acting Chancellor George stands is right on the issue of funding and accounting.  To remove even the appearance of executive overreach, the chancellor’s appeal should be listened to by the PPPC Government, and given clearance.

For a government that emphasises the constitution so much, and highlights the return of democracy often, it would be to its credit to stand aside, and allow judiciary budget requests to go directly to parliament, with full reporting following.  When the government inserts itself in the judiciary’s budget, questions of the latter’s independence gain traction.

---

• Acting Chancellor, Democracy, Editorial, funding, Roxanne George

---