It has now been six months since the Judicial Service Commission (JSC) advertised for judges to be appointed to the bench of the Guyana Court of Appeal (GCA) yet there is still to be an announcement of new appointees.
The JSC, as is its wont, has not deigned to advise the public of any difficulty that might have arisen in its deliberations but it must be acutely aware that the severely challenged judicial system continues to be bogged down in backlogs where justice is not being delivered and litigants are being denied their day in court.
What portends even greater challenges for the judiciary at the level of the court of appeal is that the number of magistrates and puisne judges has been significantly increased. These magistrates and judges are hearing increased numbers of cases some of which will eventually wend their way to the GCA and worsening the already challenging circumstances.
On February 19th this year, the JSC said in a release that nine attorneys at law had been selected to serve as magistrates. Then on June 26th this year ten new puisne judges were sworn in. These appointments were made following an October 18th, 2023 advertisement for judges and magistrates. It would mean that within eight months the JSC was able to make 19 appointments to two tiers of the judiciary. It would therefore be reasonable to expect that six months would have been more than adequate for the selection of four or five worthy candidates to be appointed to the bench of the Court of Appeal.
It should also not be ignored that an amendment to the law in relation to the Court of Appeal is being honoured in the breach. The law now requires no less than five judges sitting on the GCA and no more than nine. The current complement is three.
Notwithstanding its constitutional status and independence of action, the JSC must still be aware that it has an obligation to assuage public concerns about the delivery of justice. Indeed, the JSC itself would be well aware that it was reconstituted on July 14, 2023 after a delay of six years, three under the APNU+AFC government and three under the PPP/C government. Seventeen months is more than enough time to ensure that all levels of the judiciary have their full complement and are assiduously discharging their duties.
On January 10th last year, Chancellor of the Judiciary (ag), Yonette Cummings-Edwards made an urgent appeal for the constituting of the JSC and the appointment of more judges as she lamented the burdens then facing those sitting on the bench.
Speaking at the 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”.
She added: “We have had psychologists come in to do …psycho-social therapy, especially during the COVID-19 years but that in itself cannot help. We need to have more persons on board to assist us in carrying out our mandate of providing justice”.
The situation referenced by the Chancellor certainly requires swift action to appoint judges to the highest tier in the local courts.
On April 24 last year when the bill to increase the number of judges sitting in the Court of Appeal to at least nine was passed in the National Assembly, Attorney General, Anil Nandlall SC said that millions had been expended on expansion and renovation works at the Court of Appeal building which includes an additional courtroom and larger facilities “to permit two sittings of the Court of Appeal simultaneously.”
According to him, it is hoped that in addition to there being more frequent sittings of the Court of Appeal in Georgetown with the availability of two courtrooms, there will be sittings of the Court of Appeal in Essequibo and Berbice where persons from those counties can have their appeals heard and determined without them having to travel to Georgetown. That would certainly be a significant addition to judicial reach it however cannot be realised until the JSC makes selections of additional judges.