While standing by his criticisms over the failure of judges to write decisions within the required time, Attorney General Anil Nandlall SC has acknowledged the challenge posed by their limited numbers and assured that government is moving apace to address the issue.
He was at the time responding to acting Chancellor Yonette Cummings-Edwards’ recent rebuff of what she called the condemnation of the judiciary by persons whom she said “should know better” given that judges were doing their best to deliver justice despite their limited numbers.
In his weekly Facebook programme “Issues in the News,” aired on Tuesday, Nandlall said that the failure of judges to write decisions in a timely manner has been a long-standing issue for which a law had to be enacted requiring them to render their written decisions within a six-month timeframe.
He said that his comments regarding the judiciary were made against the background of non-compliance with that law, which he said is an issue the public is also aware of.
Nandlall added that every time the judiciary rules against the government, there is a pronouncement that the government has acted unlawfully. “And that is how the system is,” he said, while adding that likewise “if the judiciary is not complying with a particular principle or a particular piece of legislation, it is also open for the Execu-tive to so comment,” once it is done respectfully and no ulterior or immoral motives are attributed.
However, he stressed that the government enjoys good relations with the judiciary. Nandlall said that a democracy such as Guyana allows for a “healthy exchange” even as he expressed the hope that his comments about the judiciary are not viewed in any manner as affecting its good relations with the Executive.
In his programme aired some weeks ago, Nandlall called for judges to comply with the law for rendering written decisions in six months. Days following the live broadcast, Senior Counsel K. A. Juman-Yassin weighed in on the issue and said that most of the judges were delinquent when it comes to writing their judgments in the time specified and called on them to “put themselves in order.”
Broaching the subject from the Bench on Monday as the appellate court dealt with a matter before it, Chancellor Cummings-Edwards said, “We have been writing decisions.”
She said that judgments are recorded in volumes of the West Indian Law Reports, which is published by LexisNexis out of London, but noted, “We do not have facilities for publication here and that is why we do not have a website yet with publications.”
The Chancellor said “we are in a sad state indeed, legally, given our numbers and [an] even more sad state given the fact that our judges are being pilloried… even when we’re doing our level best at ensuring justice, given our small numbers throughout the length and breadth of Guyana.”
She further lamented that such comments emanated from “persons who ought to know better… who sit in their ivory towers and make their statements on social media and otherwise. It’s a sad state of affairs in Guyana.”
She added, “…but work will… we have taken an oath of office and we are true to that oath… we will continue to work.”
The absence of a Judicial Service Commission, which has not been reconstituted since 2017, has prevented the appointments of new magistrates and judges.
Nandlall on Tuesday said he in fact welcomes the concerns expressed by the Chancellor about the shortage of judges and said that to this end President Irfaan Ali has already said that upon his return from the global climate conference in Scotland, he will address the issue of the Constitutional commissions that are to be appointed.
