-Ramjattan floats ministerial code
The National Assembly unanimously approved the first set of written rules for the Judicial Service Commission (JSC) yesterday to guide the conduct of officers, among other provisions.
Prior to the affirmation of the rules, the JSC was bound by its own procedures and Attorney General Charles Ramson, who moved the motion in the National Assembly, called the development groundbreaking.
The JSC Rules provide a broad outline of various things, including JSC appointments; leave of absence; benefits and the conduct required of persons categorized as judicial officers. Ramson said the section relating to the conduct of judicial officers was “a welcome one,” since it addresses behaviour and what is expected of persons performing such duties. “People in Guyana, once they are appointed to certain offices, indulge in party politics…and some of them wish to be heard and to be seen in the media,” Ramson said yesterday, while pointing to Rule 14. He said further that some people in the House would lose the right to be judicial officers because “they like to see themselves on the front pages, the middle pages and the back pages of newspapers on a regular basis.”
Rule 14 addresses the relationship between judicial officers and the media, saying that officers may not contribute to any media in Guyana or elsewhere on questions which may be regarded as party-politics. Specifically Rule 14 (2) says that an officer, whether on duty or on leave, shall not allow himself to be interviewed on matters affecting national security. In the same vein, Rule 14 (3) notes that statements to the media involving public policy shall not be made by officers without prior clearance from the Commission.
Benefits, including pensions and salaries, are dealt with in Rules 65 to 67. Ramson said this was a sensitive issue, noting that the consolidated fund has always been a matter for the Executive and not the JSC. According to the rules, monies for pension, gratuities and salaries on retirement are to be paid by the Ministry of Finance. The Rules do not apply to members of the JSC who hold judicial appointment.
AFC MP Khemraj Ramjattan was the lone opposition speaker on the Rules and while he offered his full support, he argued that government only took the rules to the House because of donor pressure. This assertion was rejected by PPP/C MP Anil Nandlall, who said a pattern was developing with Ramjattan where he cites donor pressure as the reason behind numerous government actions.
Ramjattan said that the rules though very useful, “are only useful on the law books because they are not enforced….” He added that his observations are not complimentary of an administration which cares that its judicial officers perform efficiently.
He said too that if the Rules require better behaviour from judicial officers then similar rules should be drafted for Ministers of Government as a code of conduct. Further, he criticized Ramson’s statements on the Consolidated Fund, arguing that the Rules should have affirmed judicial independence for the JSC [as the governing judicial body] as it relates financial administrative autonomy.
Speaker of the House Ralph Ramkarran interjected at this point, saying he had a difficulty grasping how the JSC Rules could accommodate rules defining a constitutional provision. Ramjattan said that the Rules could because “that is exactly what we are doing here.”
Nandlall rejected the assertion that government was forced to bring the Rules to the House, saying that while the Inter-American Development Bank (IDB) is funding reforms in the justice sector, “it was the government which identified the areas for reforms, where institutional strengthening was needed…it was out of that arrangement that the rules are being enacted.” He said the administration simply went to the IDB for funding.
The Rules stipulate that officers appointed by the JSC shall not place themselves in positions where they have or could have a conflict of interest; compromise the fair exercise of their official functions and duties; use their office for private gain; demean their office or position; allow their integrity to be called into question; nor endanger or diminish respect for, or confidence in, the integrity of the Judicial Service.
The Rules also say that judicial officers are to treat everyone, including public officers, clients and members of the general public, with courtesy, respect, fairness and impartiality; render service in a timely, efficient and effective manner; display a positive attitude and be proactive in their duties; as well as demonstrate the highest level of professional conduct and personal integrity.
The Rules also specify the required hours of duty and spells out that all officers are required to work a minimum of 93 ½ hours per week, but the Commission may require officers to work in excess of those hours whenever the public interest so requires. The use of alcohol, controlled drugs, intoxicants, narcotics or any other illegal substance is prohibited at the workplace under the Rules. Judicial officers are also forbidden to run for office as a candidate in any national or municipal election; participate actively on behalf of any party or candidate and accept appointment or election, whether paid or unpaid, as an officer of a political party.
