Dr. Ali previously communicated with then Opposition Leader Aubrey Norton regarding the appointments of Acting Chancellor Roxane George-Wiltshire and Acting Chief Justice Navindra Singh. However, Professor Robinson from the University of the West Indies suggests that the current President should engage in fresh consultations with the new Opposition Leader. She highlights the significance of these appointments for judicial independence and the rule of law, urging both political leaders to restart discussions in good faith.
Professor Robinson noted that previous consultations may have become ineffective and stressed the importance of timely and sincere dialogue. She referenced a 1999 case involving Belize judge George Meerabux, who emphasized the necessity of good faith in consultations, particularly when appointing a chief justice close to election dates without opposition input. Robinson pointed out that a caretaker prime minister should avoid making major decisions that could undermine parliamentary democracy.
She reiterated that the current President and Opposition Leader are constitutionally required to agree on the appointments of the chancellor and chief justice, as outlined in Article 127(1) of Guyana’s Constitution. This article stipulates that both positions should be filled through mutual agreement, even if appointed at different times. Robinson cited Caribbean Court of Justice (CCJ) judge Peter Jamadar, who articulated principles of ‘Guyanese consultation’ in a 2021 case, emphasizing values such as transparency and inclusivity in the process.
While the President can appoint an acting chancellor or chief justice under certain conditions, Robinson argued that both leaders have a constitutional duty to engage in good faith consultations, especially when the offices are vacant. She referenced the CCJ’s previous rulings, which advocate for reasonable and responsible conduct from both leaders, avoiding partisanship in favor of the Republic’s best interests.
Since the appointments of Justice Desiree Bernard in 1996 and 2001, Guyana has not had substantive holders for these judicial positions due to a lack of agreement between the President and Opposition Leader. Professor Robinson concluded by stating that effective consultation is essential and cannot be delayed.
Source: demerarawaves.com
