The Judicial Service Commission (JSC), the Police Service Commission (PSC) and the Public Service Commission are all likely to be re-appointed by the end of this month.
This is according to Attorney General Anil Nandlall SC who said that President Irfaan Ali is in the process of conducting the requisite consultations to have the appointments made.
Nandlall made the announcement on Wednesday morning in response to questions posed by this newspaper on the sidelines of the opening ceremony of the mid-year programme review of the Support for the Criminal Justice System Programme (SCJS).
He said that “the appointment process is being activated and I know that the president is actively working on appointments to those Commissions which have all expired”, while adding, “So, before the end of this month I would say, we should have those appointments made public.”
The constitution mandates consultation between the President and Leader of the Opposition as a necessary prerequisite for the re-appointment of these Commission.
Given Ali’s repeated pronouncements signaling his refusal to meet with Opposition Leader Joseph Harmon until he recognizes his government as legitimate, Nandlall was pressed as to how the process for the reactivation of the Commissions will be achieved.
He said that the two would have to “fashion a way” forward, but that as Attorney General he can only urge constitutional compliance.
It is unclear how the Commissions will be reactivated and what consultations are being held by the President if there is no meeting between him and Harmon.
Constitutional consultations are also required for substantive appointments to the two top legal positions of Chancellor and Chief Justice.
The JSC has not been re-appointed since its expiration on September 30th, 2017, which the Attorney General acknowledged as being “long overdue.” Meanwhile, both the Police and Public Service Commissions expired on August 9th of this year.
Nandlall has pointed out that Justice (r’td) Beasraj Singh Roy who has already gone through the requisite Parliamentary process, will be one of the persons who will sit on the JSC.
On February 22nd of this year, the Committee of Appointments of Parliament nominated Justice Roy to sit as a member of the JSC.
An important prerequisite to finalizing the appointment of the Commissions—particularly the post of Chairperson—requires consultations between the President and the Leader of the Opposition.
It was against this background, and given Ali’s repeated statements that he will have no discussions with Harmon, until the latter is prepared to recognize his government as legitimate, that Nandlall was asked to comment on the implication of such an impasse.
The Constitution he said, prescribes how the consultations are to be done; while adding, “what I can say as Attorney General, is that the constitutional prescriptions will be followed. Some of the provisions speak to meaningful consultations and the Constitution defines what meaningful consultation connotes.”
Asked specifically what would be the position where the President has said that he will not be meeting with Harmon until his condition is met—which does not form part of any requirement mandated by the Constitution, Nandlall said that the two will have to “fashion a way” forward.
He declared that the President and Opposition Leader will both have to fashion a way to discharge their respective constitutional obligations and duties, but said that as Attorney General, he must always advise obedience to the Rule of Law and that there be constitutional compliance.
“That’s all I can say. That will always be the Attorney General’s advice,” Nandlall said.
The Constitution also mandates consultation between the President and Opposition Leader for confirmation of the country’s top two legal posts.
Justice Yonette Cummings-Edwards and Justice Roxane George-Wiltshire were respectively appointed acting Chancellor of the Judiciary and Chief Justice back in 2017—weeks after the retirement of then acting Chancellor Carl Singh, who was also never confirmed despite having served for 12 years.
Article 127 (1) of the Constitution states that the President and the Opposition Leader must agree on the nominees before the substantive appointments can be made. “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition,” it states.
Guyana has not had a substantive Chief Justice since Justice Desiree Bernard was elevated to the post of Chancellor in 2001 and no substantive Chancellor since Justice Bernard stepped down from the bench here in 2005.
For 12 years Justice Singh acted as Chancellor, while Justice Ian Chang acted as Chief Justice before Justice George was appointed to act in that capacity.
