More than a month after applications for magistrates and judges were received by the Judicial Service Commission (JSC), the screening process continues and is being conducted on a points system before interviews, sources say.
While Chairperson of the JSC and acting Chancellor Yonette Cummings-Edwards is still to respond to the Sunday Stabroek’s request for an update on the process, sources say that applications have been received and are “in the process of being screened.”
The Sunday Stabroek last week visited the Chancellor’s office and was told that she still had not yet responded to the request made by way of letter.
It is unclear how long the applicants would have to wait for feedback as the vacancy notice had only given a November 20th 2023 date for closing of applications.
Overdue by some six years, the long-awaited reconstitution of JSC was realised in July this year with the swearing-in of its members. With acting Chancellor Cummings-Edwards as the Chairperson, the other commissioners are former Chancellor, Justice Carl Singh; retired Appeal Court Judge, Beasraj Singh Roy; acting Chief Justice, Roxane George SC; and Public Service Commission Chairman, Manniram Prashad. Justice George and Prashad are ex-officio members of the JSC.
The lifespan of the commission is three years and commenced on July 14, 2023. Its 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 JSC also advises the President on the appointment of judges, with the exception of the Chancellor and the Chief Justice.
In mid-October, the JSC invited applications from suitably qualified persons for the position of a magistrate to serve in the 10 administrative regions and judges for the High Court.
This newspaper understands that after the appointments of the magistrates and judges, another notice would be issued for judges for the Appeal Court where currently there are only three serving although the law caters for 9.
Questions had been raised as to how the new JSC would go about filling the vacancies in the magistracy and the judiciary and there had been calls for these posts to be advertised as opposed to relying on the traditional system of inviting persons to fill these on the basis of their known qualities. Critics have said that system is purely subjective and not transparent.
On behalf of attorney-at-law Arud Gossai, and public commentator Ramon Gaskin, the legal firm Satram and Satram had written to all members of the JSC days after its inauguration, making the appeal that they advertise widely for judges and to publish the names of candidates prior to appointment so that they can be vetted. The letter also warned that failure to do this could lead to legal action.
Noting that the JSC was constituted on July 14, 2023, the law firm said its clients have an interest in ensuring that there is compliance with the Constitution in the appointment of judges. The law firm noted that the commission may be aware that its decisions are subject to judicial review and this means that in the exercise of any discretion, the commission must act reasonably, rationally and fairly.
The letter to the JSC members noted that persons holding the Legal Education Certificate from the Council of Legal Education are by Section 4 (1) of the Legal Practitioners Act, entitled to be admitted as attorneys-at-law in Guyana.
“It would amount to a gross violation of the Constitution for the Commission by its conduct to limit the number of applicants for any vacancy of Judge. The provisions of the Constitution and good administration and transparency dictates that all persons eligible for appointment should have an opportunity to be considered for the position. Unless the vacancies are advertised, the Commission can never be properly satisfied that it has attracted the most suitably qualified candidates. Every person who meets the requirements specified in Article 129 of the Constitution and Section 5 of the High Court Act enjoys a right to apply for and be considered for appointment. The Commission has no power to curtail this right,” the law firm asserted.
The positions were subsequently advertised.
The notice for the puisne judges had stated that applicants must:
i) be or have been a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court; or
ii) qualified for admission to practice as an attorney-at-law in the courts of Guyana or as an attorney-at-law in a court in any other part of the Commonwealth having unlimited jurisdiction either in civil or criminal causes or matters, and
iii) be qualified not less than seven (7) years to practice in such court.
There were also advertisements for magistrates and a land court judge.
