More than a year after the life of the Judicial Service Commission (JSC) came to an end, the government is still addressing its reconstitution, State Minister Joseph Harmon has said.
Responding to questions during a post-Cabinet press briefing last Friday, Harmon said “it is receiving the attention of the government right now.” He was asked what has caused the delay and when the new commissioners will be taking the oath of office. Harmon added that when the reconstitution is “ready for public disclosure, I will do so.”
In the absence of the JSC, magistrates cannot be appointed, while the consideration of new High Court and Appellate Court judges is in limbo. The law gives the commission the power to appoint magistrates, while it is also responsible for making recommendations as it pertains to judges, who are appointed by the President.
The Constitution provides for the establishment of a JSC, which is to comprise the Chancellor, who is the chairman, the Chief Justice, the Chairman of the Public Service Commission and such other members appointed in accordance with provisions listed in Section 2 of the relevant Article.
Harmon in late September said that the reconstitution of the JSC was “receiving active consideration,” when asked whether the issue has been discussed at Cabinet.
Harmon pointed out that only recently some persons who will serve on the Commission were appointed, including the Chairman of the Public Service Commission. He suggested that the JSC would be in place “very shortly.” However, there has been no indication since then of any movement in this regard.
Attorney Anil Nandlall has publicly criticised government’s failure to reconstitute the commission. In an interview earlier this month, he said that this failure is part of an attempt to undermine and erode the integrity of the body. He called on the public to speak out to protect it and other institutions from political abuse.
Nandlall, who has been very outspoken about the failure to reconstitute the JSC, has accused the administration of undermining the constitutional commissions by failing to swear in members in a timely fashion, thereby leaving them non-functional.
“When these constitutional checks and balances are not functional, the way is paved for executive excesses and abuse,” Nandlall recently told this newspaper before lamenting the fact that these oversights do not attract condemnations from civil society. “Perhaps, it is because there is no civil society anymore… The sad truth is these are not political matters. These institutions exist for the protection of every citizen and for the public good. It is, therefore, the responsibility of every citizen to protect them from political abuse,” he stressed.
Some in the legal arena say that the delay in reconstituting the JSC is deliberate so as to pave the way for a possible shake up of the hierarchy of the judiciary. At the moment the President and the Opposition Leader are at an impasse with respect to the appointment of a substantive Chancellor and Chief Justice. Senior judges have been acting in those position for more than a decade.
