Rift deepens between Govt, Opposition over top judicial appointments

…it’s up to the president to initiate further discussions – Jagdeo

When it comes to the appointment of a Chancellor of the Judiciary and a Chief Justice, President David Granger’s recent statement that “the ball is in Jagdeo’s court” is not sitting well with the parliamentary Opposition.
During a press conference on Tuesday, Opposition Leader Bharrat Jagdeo drew reference to the letter he wrote to Granger since February 2018, when he rejected the President’s nominees. Jagdeo reminded that in his letter, he had committed to continuous engagement with the President.

Justice Kenneth Benjamin
Justice Yonette Cummings-Edwards

“He then went to the media and said we will not allow one man to hold this up and I had to subsequently point out that he himself, as Opposition Leader, held it up for nearly six years. And I had one month. And he said (he) was now seeking legal advice,” Jagdeo recalled.
“He has not said a word to the country about what the legal advice recommended, he has not gotten back to me and he now woke up and says, because I think he forgot everything in between that the ball is in my court. I believe he still thinks he’s waiting on me for a reply. This is serious!”
Asked whether he would seek to re-engage the President, Jagdeo made it clear that as the 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.
“He is the President of Guyana. He has to initiate. I have already given my position. I said I am prepared to engage you further. He has to get back to me on the mode of engagement. That is my position,” Granger said.
Nothing to discuss
A few days ago, President David 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.
“The ball is in the court of the Leader of the Opposition. I made my proposals, he simply rejected them. He has not made any counter-proposals, so there is nothing to discuss,” President Granger said.
President Granger reminded that the decision is solely dependent on consultations with Jagdeo.
Asked whether he has received legal advice on the way forward in regard to these appointments, Granger said, “I know what needs to be done. I am well advised. But I have to wait on the Leader of the Opposition to respond to my proposal.”
Justice Kenneth Benjamin was nominated for the position of Chancellor of the Judiciary, while Justice Yonette Cummings-Edwards, the current acting Chancellor, has been nominated for the position of Chief Justice.
Concerns have been raised by the Bar Association in Belize about Benjamin’s failure, up to recently, to clear a backlog of cases by writing his decisions.
Jagdeo, in a letter addressed to the President, had said that after having duly considered the nominations of Justice Benjamin and Justice Cummings-Edwards under Article 127 (2) of the Constitution, he is unable to offer his agreement for their appointments.
However, the Opposition Leader has since indicated his willingness to further engage the President on substantive appointments to the top judicial positions.
To this end, Minister of State Joseph Harmon subsequently said Government will be going ahead with “meaningful consultations” between the two sides, as provided for in the Constitution.

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