Guyana to examine mechanism regarding appointment of top posts in judiciary

Attorney General, Anil Nandlall, says Guyana could examine the mechanism used to appoint a chancellor of the judiciary and chief justice during the national consultation process for constitutional reform.

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The Irfaan Ali government will soon embark on the constitutional reform process as it seeks to upgrade archaic pieces of legislation embedded in Guyana’s Constitution.

One of the issues the government is hoping to remedy is the longstanding deadlock between any government and the opposition over the appointments of a chancellor and a chief justice.

Nandlall, who is also the legal affairs minister, said Guyana has the extreme position where the head of the executive and the leader of the opposition must make the appointments of the chancellor and chief justice. However, the system has not been working.

“Hopefully, one of the provisions which will be microscopically examined in this process is the very article that speaks to the appointment of a chancellor and a chief justice [and] hopefully we will get recommendations emanating out of the process which will find political consensus because you know, you require two-thirds majority to change these provisions in the Constitution,” Anil Nandlall said as he addressed a virtual panel on ‘Constitutional Reform and the Republic: The Judicial Selection Process in the Context of Administration of Justice and Democratic Strengthening”.

Guyana has been without a substantive chief justice and chancellor for over two decades and in April this year, the President of the Caribbean Court of Justice (CCJ), Justice Adrian Saunders spoke about the lack of substantive appointments for the post of chancellor and chief justice (CJ) of the judiciary in Guyana.

Addressing the Bar Association of Guyana’s dinner, Justice Saunders noted that while Guyana’s legal and judicial landscape has seen some transformations in its favor over the past decade, the absence of permanent appointees to fill the top position remains the “one significant blot,” on an otherwise impressive justice system.

“For the country to have not appointed a chancellor for 17 long years is very disappointing; likewise, to be without an appointed chief justice for several years,” Justice Saunders said. The CCJ is Guyana’s highest court.

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