State Minister Joseph Harmon took umbrage to the statement issued by the Bar Council of the Guyana Bar Association (GBA), over the substantive appointments of Chancellor and Chief Justice (CJ), but, among other things, stated that the President “will never act arbitrarily” with the Constitutional appointments.
The GBA, yesterday weighed in on the substantive appointments of the Chancellor and CJ, highlighting that any action taken outside the remit of Article 127 of the Constitution, which govern those appointments, will be “unconstitutional, void, of no legal effect and would have embarrassing consequences.”
Moreover, the GBA posited that the climate surrounding the appointment of the two offices is “repugnant and shakes the public confidence in the legal system. It further unfairly undermines the dignity of the offices and office holders”.
As such, the GBA called for both “parties to work to break the impasse and arrive at a consensual resolution, discharging their duties to the nation and in keeping with the spirit and intent of Article 127 of the Constitution which was amended from its original form to foster collaboration.”
Harmon in a release from the Ministry of the Presidency (MOTP) however, said he found the statement perplexing and “reckless” since according to him the “President explicitly said that he would be guided by the provisions of the Constitution of Guyana.”
Nevertheless, Harmon posited, among other things, that “People should not be afraid that the President will act arbitrarily. The President will never act arbitrarily.”
“The supreme Law of the land is the Constitution of the Cooperative Republic of Guyana which provides (at Article 149D (1), that: “The State shall not deny to any person equality before the law or equal protection and benefit of the law. An efficient and independent judiciary, therefore, supports citizens’ rights to the equal protection and benefit of the law. A full complement of legal officers, magistrates and judges enables judicial efficiency, ensures that citizens’ cases are heard expeditiously and enhances public confidence in the rule of law,” he said.
Moreover, the MOTP in the same release gave its assurance to the “GBA and all Guyanese that this administration remains committed to upholding the Constitution of Guyana.”
President David Granger who nominated Justice Kenneth Benjamin and Justice Yonnette Cummings-Edwards- for the substantive posts of Chancellor and Chief Justice respectively, met with Opposition Leader Dr Bharrat Jagdeo on January 3, 2018 to discuss the appointments.
However, after doing his due diligence, Jagdeo earlier this month rejected the President’s nominees.
Jagdeo said that he remained cognizant of the fundamental importance of securing substantive appointments to these two high constitutional offices.
“As a result, I am committed to continuous engagement with your Excellency until there is due compliance with Article 127 (1) of the Constitution” he explained.
Article 127 (1) of the Constitution of Guyana states “The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.”
