Without committing to any timeline for the reconstitution of the Judicial Service Commission (JSC) which has been defunct for the past six years, President Irfaan Ali has announced that the Public Service Commission (PSC) will be set up before the end of this week.
The establishment of the PSC is a prerequisite to the establishment of the JSC—as the key members comprising the JSC apart from the Chancellor and Chief Justice—is the Chairman of the PSC.
At a press conference yesterday, Ali said that it his government’s intention to have all the members of the PSC sworn in before the end of this week, which he noted will pave the way for the full complement of members for the JSC.
He, however, stopped short of making any commitment as to when the JSC is likely to be reconstituted.
In his engagement with the media which lasted around two hours, Ali broached the issue briefly, stating only that the establishment of the PSC will then allow for the commencement of work from the JSC
He also assured that the establishment of the PSC will cater for the full complement of members for the Police Service Commission.
The Ali administration has been strongly criticised for its sloth in establishing these service commissions and has attracted consternation from some in the legal fraternity, regarding the JSC.
Since the PPP/C took office in August 2020, there have been many promises that it was moving swiftly apace to ensure the establishment of the JSC, but this has never come to fruition.
The JSC has not been reconstituted since 2017, despite commitments in recent years by President Ali and his Attorney General.
Attorney General and Minister of Legal Affairs, Anil Nandlall SC had promised that the JSC would be re-established long before the end of the first quarter of this year.
Back in April, however, Ali would only say that it would be established “soon.”
Speaking at a press conference at the time, the President when questioned about the JSC, said that he would not give a timeline as to the appointment of the JSC, but assured that it would be soon. He had sought to explain that certain issues needed to be dealt with at the level of parliament and some other agencies and as soon as those were finalized the JSC would 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,” the President had said.
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.
In his column in the Sunday Stabroek of July 2nd, 2023, Senior Counsel Ralph Ramkarran described the justice system as being in a state of collapse, specifically alluding to the absence of the JSC which he noted impedes its efficient functioning.
In agreement with him is President of the Guyana Bar Association, Attorney-at-Law Ronald Burch-Smith, who said that Ramkarran’s description of the justice system “being on the verge of collapse,” is no exaggeration.
He, too, credited the deficiencies to the absence of the JSC.
Weighing in on this particular issue, Burch-Smith, who in an invited comment spoke in his personal capacity, said that the shortcomings which beset the appellate structure are all as a result of there being no JSC in place to carry out its mandate.
The Bar Association head explained that the “failure” to appoint a JSC effectively “undermines” the steady developmental efforts of the judiciary.
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 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 caseloads. 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.”
