On January 10th this year, in some of the bluntest language that she had delivered on the subject, the Chancellor of the Judiciary (ag) Yonette Cummings-Edwards made a stirring plea for the urgent reconstituting of the Judicial Service Commission (JSC) and the appointment of the required number of judges.
Speaking at the ceremonial opening of the Law Year 2023, Justice Cummings-Edwards said: “You have heard the call for more resources, human resources in particular. We need more judges! We need the Judicial Service Commission to be established ASAP – as soon as possible. We are facing increased case loads. Judges are now overburdened, they are exhausted, they are nearly worn out and they are, in some cases, burned out”.
Perhaps in anticipation of more empty promises, the Chancellor went on to add: “We do not need the rhetoric. We need more labourers. We need the judges. We’ve been hearing time and again about the JSC is soon to be established. We would like to see the implementation and the establishment of the Judicial Service Commission”.
What was even more unusual about the Chancellor’s riveting appeal was that it came after Attorney General Anil Nandlall SC promised that the JSC would be in place long before the end of the first quarter of this year.
Mr Nandlall had said earlier in the proceedings: “I have heard the lamentations, properly made, regarding the shortage of judges. First of all, I want to assure the judiciary and all those present that I am painfully aware of this deficiency. Secondly, I want to congratulate the complement of judges that have not been intimidated by this deficiency but have been able to muster the will to still deliver a system of quality justice to the people of our country”.
He added, “Thirdly, I want to assure that very, very early this year, long before the end of the first quarter of this year, we would have appointed the Judicial Service Commission and the Public Service Commission; two important constitutional commissions that will address the inadequacies of human resources that currently plague the juridical institution.”
It is now unclear what the Attorney General meant when he promised that the JSC would be in place “long before the end of the first quarter of this year” as just a little over two weeks remain and there is still no sign of the service commission being established. Essentially the government has had two months and has, unsurprisingly, not delivered.
As Leader of the Bar, Mr Nandlall has now staked his reputation on his word and the public will now await the mélange of excuses that will be presented. The bare truth is that both the former APNU+AFC government and this one have together emasculated and weakened the judiciary by their inaction.
The life of the last JSC expired in 2017 and the former APNU+AFC government failed to act up to when it left office on August 2nd 2020. Since the PPP/C acceded to office, 31 months have elapsed without the appointment of the JSC.
With each passing day that the JSC is not in place and new judges not appointed the executive is undermining the judiciary and weakening the doctrine of the separation of powers.
It doesn’t, of course, end there. President Ali has adamantly refused to comply with his constitutional obligation to ensure the confirmation of a Chancellor of the Judiciary and a Chief Justice.
Though a challenge has been mounted in court as it relates to consultations, Opposition Leader Norton has given his full support for the confirmation of two candidates to the posts of Chancellor and Chief Justice. This acquiescence was issued since May of last year and President Ali has completely ignored it. The President has two options. He accepts the proposal made by the Opposition Leader or he rejects it and makes one of his own. He has signified neither. And whereas he has been vigorously engaged in a multitude of governance and other issues while criss-crossing the country, his silence on the need for confirmed appointments to the positions of Chancellor and Chief Justice is abysmal and further testimony of this administration’s overweening intent to dictate terms.
Not even an exhortation from the President of the Caribbean Court of Justice, Adrian Saunders for the appointments to be made before the end of 2022 has swayed the President. The disregard shown by this government to the judiciary must be brought swiftly to an end.
