Judiciary must build resilient systems that withstand leadership changes – Pres. Ali

…as Rafiq Khan sworn-in as Justice of Appeal

President Dr Irfaan Ali on Tuesday underscored the need for strong, resilient judicial systems that can withstand leadership changes.

He made these remarks during the swearing-in ceremony of Justice Rafiq Khan, SC, as a Justice of Appeal.

“Once we build strong, resilient systems, we will be able to build an architecture that can withstand every storm. And I want to compliment the Office of the DPP [Director of Public Prosecutions] and the judiciary for focusing heavily on the system, because that is what we’ll all leave. And all of us leave the office, we leave the system, and the system is what ensures the survival of the product that we deliver,” the Head of State explained.

In this regard, he lauded the Chancellor, Chief Justice, and DPP for their roles in contributing to the strengthening of the judicial system.

“The Chancellor and the Chief Justice have demonstrated their equal commitment and speed to transforming the work of the judiciary and the system that supports the work of the judiciary to meet the future needs of our country and to fool-proof our judicial system. The DPP is also an important part of the justice system, and the DPP too has been working aggressively in transforming her office in a systemic way. And that is important to me,” he added.

Just last week during his address to the nation, where he unveiled his Government’s five-year social and economic development plan, President Ali announced that his Administration will be introducing laws that will hold Judges, magistrates, and other legal practitioners more accountable.

He explained that these legislative changes will include robust disciplinary processes to ensure timely delivery of decisions in compliance with existing legislation, as well as the maintenance of high ethical and professional standards.

Justice of Appeal

In May, five of seven new Court of Appeal justices had taken their oaths of office before President Ali.

The Judges were all appointed based on the Judicial Service Commission’s recommendations.

Sworn in were Justice Jo-Ann Barlow, Justice Navindra Singh, Justice Nareshwar Harnanan, Justice Priya Sewnarine-Beharry, and Dr Kim Kyte-Thomas.

On Tuesday morning, Justice Khan took his oath of office before President Ali during a simple ceremony.

In brief remarks, the Guyanese leader underscored the importance of this long-awaited appointment in strengthening the judicial system as he lauded Justice Khan’s years of experience as a legal professional.

“The elevation of Mr Rafiq Khan to this bench, however, is first and foremost a recognition of his considerable judicial experience, profound legal knowledge, and respected integrity. His distinguished career has equipped him with wisdom, temperament, and insight essential for the solemn responsibilities of appellate review. The expansion of the court’s complement, exemplified by his appointment, serves a dual imperative. It secures the invaluable asset of a jurist of his calibre while simultaneously addressing the pressing need for judicial efficiency,” President Ali expressed.

“Justice Khan’s presence will undoubtedly strengthen the court’s deliberate power. Furthermore, by augmenting our judicial resources, his appointment facilitates the more efficient management of the appellate caseload, allowing for the expedition of hearings and the timely delivery of reasoned Judgements. This enhanced capability is not an end in itself but a vital means to reinforce the legitimacy of the State and fulfil our paramount duty to provide fair, principled, and accessible justice for all citizens,” he added.

President Ali also reminded Justice Khan that as he assumes his responsibility, it is expected that he uphold the Constitution of Guyana, administer justice without fear or favour, and contribute to the wise and efficient functioning of this critical court.

“And based on your track record, we have no doubt that you will do just this. It is also expected that through your appointment, you will bring diligence, integrity, and intellectual rigour to your role. And again, based on everything we know about you, this should be a natural transition,” he posited.

The Court of Appeal Act was recently updated to increase the complement of Judges sitting in that court from nine to eleven. Three Judges preside over a case at the Appeal Court at any given time. Therefore, the complement of eleven allows for two extra Judges to be available when one Judge is out of the jurisdiction or unavailable for some reason.