Granger to write Jagdeo for ‘another level’ of consultations in appointment of Chancellor, Chief Justice

President David Granger is expected to write Opposition Leader Bharrat Jagdeo for another round of consultations before the appointment of a substantive Chancellor and Chief Justice, but the Government’s chief spokesperson would not be dragged into suggestions that the President could make acting appointments in the interim.

“…the President took the decision that he is going to write the Leader of the Opposition… and that the work of the judiciary will not be held in abeyance or will not be stymied by any interventions whatsoever,” Joseph Harmon, the Minister of State said Thursday, 08 February 2018.

The development follows Jagdeo’s rejection Wednesday of the names proposed by the President.

“Mr Jagdeo’s rejection is constitutional; the president’s powers are also constitutional and there is a provision in the law which provides in the event that there cannot be agreement -because the requirement is for agreement – there is a second level which now requires meaningful consultation,” Harmon said at the Ministry of the Presidency during the weekly post-cabinet news conference.

“So I believe that is the next step we’ll have to go to,” Harmon added.

President Granger and Jagdeo initially met on January 3, 2018, to discuss the substantive appointment of persons to the two top judicial positions.

President Granger proposed Justice Kenneth Benjamin for Chancellor and the current acting Chancellor Justice Yonnette Cummings-Edwards for Chief Justice.

Jagdeo asked for a month to review the proposals but wrote the President Wednesday rejecting the nominations.

“I have duly considered the two nominees for whom you seek my agreement for appointment as Chancellor of the Judiciary and Chief Justice, respectively, in accordance with Article 127 (1) of the Constitution of the Cooperative Republic of Guyana. As promised, I have done the requisite due diligence. It is with deep regret that I inform you that I am unable to offer my agreement to the appointment of Mr. Justice Kenneth Andrew Charles Benjamin, as Chancellor of the Judiciary and Madam Justice Yonette Decina Cummings-Edwards O.R., as Chief Justice,” Jagdeo stated in his letter.

The Opposition Leader nonetheless expressed that he remains cognizant of the fundamental importance of securing substantive appointments to these two high constitutional offices.

“As a result, I am committed to continuous engagement with your Excellency until there is due compliance with Article 127 (1) of the Constitution,” the letter stated.

A meeting was scheduled between the Opposition Leader and his team and the President and his team, but the Ministry of the Presidency said Jagdeo and team did not show up; Jagdeo said there was no confirmation of the meeting as is customary.