In the wake of President David Granger’s pronouncement that the Judicial Service Commission (JSC) may likely be reconstituted before month end, attorney Sanjeev Datadin says it should be put on hold until the determination of challenges to the December 21st no-confidence motion against government.
“I don’t think he should do anything right now. He should have done it before…I don’t think he should perform any function [that] the executive is required to perform because the clear intention is that the government should resign,” Datadin told Stabroek News on Saturday, while expressing concern that the JSC is not in place.
While the passage of the motion requires the holding of new elections within 90 days, it is currently the subject of two legal challenges in the High Court.
The life of the previous commission came to an end on September 30th, 2017.
Granger earlier this month provided a more definitive timeline for when the members will be appointed.
“Well, I have had a discussion with the Minister of Legal Affairs and I am hoping that it could be done during this month of January,” Granger said on January 10th, following the conclusion of a police event held at State House.
Datadin, during the interview with Stabroek News, stressed the importance of the JSC. “I am very concerned. We need judges in the Court of Appeal. We need High Court judges. We need magistrates. We need to be able to monitor and discipline them. We need to be able to receive reports about their behaviour [and] conduct and what goes on, I am not saying that there are bad things that have been happening but the JSC is the supervisory body which regulates them,” he said, before adding that the commission can also monitor the good things.
“My guess would be that there have been some views about the recent appointments … and it is felt that it might be a lot to do with politics,” he opined when asked why members of the legal fraternity are not making a fuss over the anomaly.
Datadin noted that the Guyana Bar Association (GBA) has raised this matter on more than one occasion with the judges during meetings.
“That has been raised but with no great force because what can you do. The judges don’t have the say. The judges, who would be ex-officio members of the JSC, they are ready, willing and able but they don’t really have a say with what the executive says… so it’s a little bit unfair to blame them because they don’t have anything to do [with] the appointments,” he added.
The Constitution provides for the establishment of a JSC, which is to comprise the Chancellor, who is the chair, the Chief Justice, the Chairman of the Public Service Commission and such other members appointed in accordance with provisions listed in Section 2 of Article 198.
It states, “The appointed members shall be appointed by the President, acting after consultation with the Minority Leader, as follows, that is to say – (a) one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and (b) not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the President has also consulted such bodies as appear to him to represent attorneys-at-law in Guyana: Provided that a person shall be disqualified for appointment as a member of the Commission if he is a public officer.”
According to Article 199 of the Constitution, the JSC has the power to make appointments of judicial and legal officers and to remove and to exercise disciplinary control over persons holding or acting in such offices. Such persons include the office of the Commissioner of Title, Magistrates, the Director of Public Prosecutions, the Deputy Director of Public Prosecutions, the Registrar of the High Court, the Deputy Registrar of the High Court, the Registrar of Deeds, the Deputy Registrar of Deeds and such offices connected with the courts of Guyana, and appointments for which legal qualifications are required, as may be prescribed by Parliament.
The JSC also plays a critical role in the selection of judges.
Article 128(2) provides that “the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may be.”
