The Ministry of the Presidency (MotP) has not taken too kindly the statement issued by the Bar Council of the Guyana Bar Association on Monday, which warned that if President David Granger acts outside of the spirit and intent of Article 127 of the Constitution in appointing a Chancellor and a Chief Justice, then it would be “void, of no legal effect and would have embarrassing consequences.”
The Bar Association noted that “the current climate surrounding the offices of the Chancellor and Chief Justice is repugnant and shakes the public confidence in the legal system. It further unfairly undermines the dignity of the offices and officeholders.” See story here: http://newsroom.gy/2018/02/19/climate-surrounding-judicial-appointments-is-repugnant-bar-association/
The MoTP in a statement late Monday night said: “this perplexing statement, made without any indication from the administration of any intention to ever operate outside of the Constitution of Guyana, was described by the Minister of State, Mr. Joseph Harmon, as reckless.”
The Government made it clear that President Granger has explicitly said that he would be guided by the provisions of the Constitution of Guyana.
According to the government statement, Minister Harmon said that he is concerned at the dangerous path that the Association is treading with its insinuations and strong assertions, despite the public statements made by the Head of State with regard to upholding of the Constitution.
“This is a rash statement from a Bar Association… more importantly, having regard for the recent actions of the administration in ensuring that at all material times that the appointments to the Judiciary were made in good time and based on the advice of the Judicial Services Commission.
“The President has been at pains to respect the Constitution. Every action, which he takes is underpinned by the provisions of the Constitution and so it is quite surprising to me that the Bar Association having regard to what the President has actually said that he respects the Constitution and that he will act in accordance, that the Bar Association arrived at a conclusion that basically says that the current climate is repugnant and shakes the public confidence in the justice system,” Minister Harmon was quoted as saying in the statement.
The Minister of State further said that it is under this administration that the Judiciary has been strengthened, with Government’s emphasis on integrity, impartiality and independence.
He said that while the Leader of the Opposition would have rejected the nominations for the two posts, no explanations were provided to the Government or the Guyanese society on his disapproval with no public outcry.
He noted, however, that when the Head of State had rejected the nominations for the Guyana Elections Commission (GECOM), the GBA was one of the many organisations, which voiced their discontent and called for explanations to be given.
“I don’t know what would have motivated them to take this position because the last consultation that was held between the Leader of the Opposition and the President, the Leader of the Opposition took a position that he was not in support of the nomination and he chose to give no reasons.
“Now when His Excellency, the President had to deal with the appointment of the Chairman of GECOM and the nominations by the Leader of the Opposition, he basically said that he did not give reasons for his decision because it is a small country and personalities and characters can be damaged in a certain way. The Bar Association was among many that criticised the President on that and actually went to Court to get a ruling that the President must give reasons.
“Now Mr. Jagdeo has taken this same position and they make no statement about it. It is saying to me that the Bar Association is going down a very dangerous line. People should not be afraid that the President will act arbitrarily. The President will never act arbitrarily,” Minister Harmon said.
According to the MotP statement, President Granger, in his address at Justice Khan’s swearing-in ceremony last week made clear that Guyana is a state governed by laws and the Constitution of Guyana, which will, at all times, be respected.
In concluding its statement, the MotP assured the Bar Association and Guyanese that the administration remains committed to upholding the Constitution of Guyana.
“Any suggestion that it is not or intends to do otherwise is not based in fact nor is there any evidence to suggest that this ominous warning from the GBA, which has to potential to create unwarranted fear, was required,” the statement concluded.
