Despite an earlier arrangement, President David Granger is yet to discuss with Opposition Leader Bharrat Jagdeo those nominated for the substantive posts of Chancellor and Chief Justice but legal sources say the process should not be rushed given that it is now transparent following the appointment of a special panel to review applications.
Contacted on the issue recently, Jagdeo told Sunday Stabroek that the President was yet to write him on the matter though a search committee was established to look at candidates.
The Ministry of the Presidency had advertised in January for applicants to fill the two posts.
“Since then I have not heard from him,” Jagdeo said, before urging that there be collaboration and partnership. “… For these key constitutional posts there has to be some level of understanding and collaboration to ensure that at least these positions are placed above the politics and we don’t find that attitude prevailing now or anywhere in the government as though this is a kind of partnership,” he said.
Back in March, while he awaited a report from a panel on the candidates shortlisted to fill the positions, President Granger appointed Justices Yonette Cummings-Edwards and Roxane George-Wiltshire SC to act in the respective posts in the interim.
The decision to appoint the two judges also came after Jagdeo agreed to forego formalities since Granger was preparing to leave the country on official business and the judiciary was without a head as Chancellor (ag) Carl Singh had retired days earlier. Article 127 of the Constitution states that the persons chosen for these two positions shall be appointed by the President, “acting after obtaining the agreement of the Leader of the Opposition.”
A release from Jagdeo’s office issued on March 1, stated that during a meeting with the President, the Leader of the Opposition indicated that he would not insist on the formalities of a letter accompanied by the names of the President’s nominees along with curriculum vitae, “as is the practice which has evolved… in keeping with the letter and spirit of the Constitution”. Jagdeo indicated that his reason for dispensing with formality was because filling the vacancy was of national importance and the President’s departure for overseas was imminent. Granger left for the Bahamas the following day.
The President had proposed Justice Cummings-Edwards who was then performing the functions of Chief Justice, to act in the position of Chancellor of the Judiciary and Justice George-Wilshire to act in the office of Chief Justice. Jagdeo informed the President that he required one week to offer his views on those proposals.
It was at this point that Jagdeo raised the issue of absence of action with regard to the nominations from the Judicial Service Commission and Granger promised that matter would be addressed during a meeting scheduled for one week later. There is nothing to suggest that the issue of the substantive appointments was discussed at that or any subsequent meeting.
Sunday Stabroek asked Jadgeo if he now believed he was misled, particularly given that the two appointments were made temporarily to fill an urgent need. He responded, “You see, I don’t like to ascribe ill motives to the President without him giving an explanation… that is why I have been calling for the President to hold press conferences.
“At a press conference of the nature of the one that I just concluded, you could have asked him this and he would have given a response, but he insulates himself from these issues. I shouldn’t have to push all of these issues.”
Jagdeo said he was disappointed at the way the situation was being handled, given that one would not want a state of affairs similar to those of Justices Carl Singh and Ian Chang who retired without being confirmed.
“… And this is why on these matters there has to be some give and take. Because if we have the veto now, like they did, and we exercised that veto in a manner that is partisan then you would have a similar situation… We feel he [Granger] is doing the same thing in relation to Gecom,” he said.
Granger and Jagdeo are scheduled to meet at State House tomorrow to continue consultations with respect to the appointment of a Gecom Chairman.
Asked if the judicial appointments was something he would want to address during that meeting, Jagdeo said he “probably” will inquire about it then. Pressed, he said, “I don’t want to commit to anything that I would raise or not… but at some point in time yes I will.”
Patience
When contacted, a legal source called for patience and for all to respect the new process. The lawyer told Sunday Stabroek that the Constitution does not prescribe a timeframe within which these appointments must be made. He said that while the situation with Justices Chang and Singh was not right, the current delay has to be put into context.
“Granger has been in office for 25 months… He cannot be expected to change things overnight, we have to get pass quick fixes,” the attorney said while agreeing that it was unreasonable to have a judge acting in the capacity of Chancellor for 15 years without confirming him.
The panel set up to review applications comprises retired justices Claudette Singh and James Patterson along with former University of Guyana vice chancellor Harold Lutchman.
The legal source noted that several curriculum vitae have been submitted to the panel and those are being reviewed before reminding that in this situation the President cannot act alone but rather following consultation and in agreement with the Opposition Leader.
“You have to first respect the process. This is first time there is a transparent process. It can be interrogated and examined. Previously there was none. We have moved further than where we were before. It’s no longer a back-room arrangement. We will know how the President arrives at the decision whenever it is revealed and we know the players in this process,” he said.
The attorney was adamant that the public must exercise patience as the process must be allowed to run its full course.
He stated that he would be concerned if at the end of the process the Opposition Leader made pointless objections when the President would have nominated persons with credibility. He insisted that the candidates chosen by the panel will no doubt be credible as the choosers are persons with a wealth of experience in the legal and education fields.
“We have to stop sacrificing quality for speed. That is not good for us. We don’t pick instant Chancellors and Chief Justices. It just does not work like that,” he said.
