Even as Attorney General and Minister of Legal Affairs, Anil Nandlall SC had promised that the Judicial Service Commission (JSC) would be established long before the end of the first quarter of this year, President Irfaan Ali yesterday said that it will be established “soon”.
Speaking at a press conference hosted in Region 3, the President when questioned about the JSC said that while he will not give a timeline as to the appointment he will ensure the commission is appointed “soon”.
The President said that certain issues will be dealt with at the level of parliament and some other agencies and as soon as those are finalized the JSC will be established.
“We are finalizing the work from Parliament and other agencies to have the Public Service Commission up very soon, that I can promise you very, very soon, when that is appointed, we will then be able to move to the full complement of the Judicial Service Commission and then as soon as that is done the JSC will come into effect and then we move towards a different matter the JSC has to look at.,” the President said.
The JSC has not been reconstituted since 2017, despite commitments by President Ali and Attorney General Nandlall in recent years.
The JSC comprises the Chancellor, Chief Justice, Chairman of the Public Service Commission (PSC) and such other members as may be appointed.
The JSC’s remit includes the power to make appointments, to remove and to exercise disciplinary control over persons holding or acting within the offices of Commissioner of Title, Director of Public Prosecutions, Deputy Director of Public Prosecutions, Magistrate, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds and Deputy Registrar of Deeds, among others.
The Commission also advises the President on the appointment of Judges, with the exception of the Chancellor and the Chief Justice.
The President has also not moved to act on the confirmation of a Chancellor of the Judiciary and a Chief Justice.
This has caused widespread criticism including from the Caribbean Court of Justice (CCJ) which has repeatedly criticised the fact that the two top judicial offices have not had substantive appointments since 2005.
Opposition Leader Aubrey Norton had also told the government that he supports the substantive appointment of Chancellor Yonette Cummings and acting Chief Justice Roxane George-Wiltshire.
However, even with the criticism, President Ali has said that the system is currently working.
“The country is not without a chancellor or a Chief Justice. Let’s make that point very clear, Guyana is not without a Chancellor or a Chief Justice. We have an acting Chancellor and Chief Justice and we are taking this issue seriously”, he had said.
