Given President David Granger’s decision to unilaterally appoint a chairman for the Guyana Elections Commission (GECOM) earlier this year, Social Commentator and Attorney, Christopher Ram, has said Guyanese should not be surprised if that scenario repeats itself with the vacant judicial posts.
Ram described the current impasse regarding these delayed appointments as unfortunate, and one that could have a negative outcome.
“President Granger has shown that he is not averse to taking action in an autocratic, unilateral style, so nothing should be surprising anymore,” he added.
But the attorney stressed that instead of accepting these decisions, Guyanese should speak up for themselves and force change among the so-called leaders and politicians.
Ram noted that many Guyanese these days have been cowed into inactivity, if not because they are fearful, but he stressed that that state of being should not continue.
“It is more than unfortunate and really sad that our country is so divided and polarized that an important and absolutely necessary constitutional matter we don’t seem to be able to get…both action and agreement on. It continues a pattern, and one would have hoped that we would have seen the last of it.”
Ram said the only outcome that could flow from this polarisation is that Guyana would continue to suffer, because no matter what resources a country has, governance, embracing the rule of law, respect for the constitution, and comity between the parliamentary parties are important ingredients that help a country to develop.
But while Ram feels a unilateral decision could be taken, given that the President and the Opposition Leader are at loggerheads on this matter, the Opposition has already made it clear that it will oppose any action taken in this regard. As a matter of fact, it said that any attempt to unilaterally appoint a substantive Chancellor and Chief Justice will be vigorously challenged.
Former Attorney General and Minister of Legal Affairs, People’s Progressive Party/Civic (PPP/C) Member of Parliament Anil Nandlall, has said if there is any attempt to ignore the strict constitutional prescription relative to the substantive appointments of Chancellor and Chief Justice (CJ), his party “will leave no stone unturned in a relentless effort to ensure constitutional compliance.”
Hinting that his party would legally challenge any attempt at unilaterally appointing Justice Kenneth Benjamin as Chancellor of the Judiciary and Justice Yonette Cummings-Edwards as Chief Justice, the former AG said, “It is sincerely hoped that the two highly respected and experienced judicial officers identified by the President will not lend themselves to be used in this proposed constitutional heresy.”
Reform
Ram told this newspaper last Sunday he supports the idea that Constitutional Reform is required if this issue is to be fixed. “Of course we need Constitutional Reform, but we are not even observing — as Lincoln Lewis keeps making the point – clearly, our Constitution is clearly deficient,” he said.
Further, Ram said the judicial system itself is stuck in a quagmire as far as the appointments are concerned. “But you’ve had the President saying of a decision made by the Chief Justice, that’s her opinion and he has his. That is extremely disrespectful. And the Executive must show the same kind of respect to the Judiciary as it expects the judiciary to pay to it. That’s how it works, but not here.”
The outspoken attorney also highlighted that calls for Constitutional Reform made by coalition parties, including the Alliance for Change (AFC), is just an act of hypocrisy and deception.
He said, “None of them want Constitutional Reform when they are in power. (Khemraj) Ramjattan knows we won’t get Constitutional Reform, so he is just playing a big game. The (Peoples Progressive Party) PPP didn’t either; nor does the (A Partnership for National Unity) APNU, We are really stuck among a lot of politicians that (are) almost counter-development, if not anti-development.”
Transparency Institute Guyana Incorporated (TIGI) has called on President Granger and Opposition Leader Jagdeo to show maturity and utilize compromise to bring an end to the current impasse regarding top appointments to the Judiciary.
The Guyana Human Rights Association (GHRA) has also called for an end to this state of affairs. It said the delay would affect the quality of justice being offered.
Opposition Leader Bharrat Jagdeo has made it clear that President Granger would have to re-initiate the discourse. He noted that he was waiting on the President to get back to him on the mode of future discourse, and stated that the proverbial ball has always been in the President’s court.
But a few days prior to Jagdeo’s statement, President Granger had said there is nothing left to discuss on the matter. The Head of State had said he had looked forward to a timely settlement of the appointment, which many deem critical to the effective functioning of the Judiciary, but that didn’t happen.
