With mounting calls for the Judicial Service Commission (JSC) to be established, President Dr Irfaan Ali on Friday said that the Public Service Commission (PSC) will have to be constituted first before the JSC is created.
The Head of State was at the time responding to questions posed during a press conference to wrap up a two-day Cabinet outreach in Region Three (Essequibo Islands-West Demerara).
According to President Ali, the composition of the JSC requires the Public Service Commission to be placed. To this end, he announced that they are “finalising the work” of the PSC.
“There are outstanding issues from Parliament and some other agencies to have the Public Service Commission up… [But] I can promise you very, very soon [the PSC will be constituted,” the president posited.
When the PSC is appointed, Ali pointed out “…we’ll then be able to move to the full complement of the Judicial Service Commission… As soon as that is done, the Judicial Service Commission will come in effect and then we move towards the different matters that the Judicial Service Commission has to look at.”
Another key issue within the judiciary is the appointment of a substantive Chancellor and a substantive Chief Justice.
While noting that his government takes this issue seriously, President Ali contended, however, that the country is not without a Chancellor or Chief Justice.
“We have an acting Chancellor and an acting Chief Justice,” he declared.
Justices Yonette Cummings-Edwards and Roxane George, SC have been acting as the Chancellor and Chief Justice, respectively, for several years now.
The procedure for the appointment of the Chancellor and Chief Justice is outlined in Article 127 (1) of the Constitution, which states: “The Chancellor and the Chief Justice shall be appointed by the President after obtaining the agreement of the Leader of the Opposition.”
It has been over 21 and 17 years respectively since Guyana has had a confirmed Chief Justice and Chancellor. The last confirmed Chief Justice was Desiree Bernard, who served from 1996 to 2001; she also served as Chancellor from 2001 to 2005.
When it comes to the Judicial Service Commission (JSC), Article 198 (1) of the Constitution of Guyana states that the members must be comprised of the Chancellor of the Judiciary, who will be appointed as Chairman, the Chief Justice, the Chairman of the Public Service Commission and any other members appointed to the Commission.
There has been no JSC since 2017. The last Commission was appointed by former President Donald Ramotar in September 2014. The tenure of each appointed member is for three years, therefore, the tenure of the last commission expired in September 2017.
Among other things, the function of the JSC is to advise the President on the appointment of Judges, with the exception of the Chancellor and the Chief Justice.
The JSC’s powers include the power to make appointments, to remove and to exercise disciplinary control over persons holding or acting in the following offices – Commissioner of Title, Magistrate, Director of Public Prosecutions, Deputy Director of Public Prosecutions, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds and Deputy Registrar of Deeds and to such offices connected with the courts or for appointment to which legal qualifications are required as may be prescribed by Parliament.
Only in January, senior officials within the judiciary lamented the shortage of Judges and reiterated calls for the establishment of the JSC so that new appointments can be made.
At the time, there were 11 High Court Judges – one of whom has since retired – and only three Judges in the Court of Appeal.
