PPP: No expectation President will honour Constitution in appointing Chancellor, Chief Justice
The Opposition People’s Progressive Party (PPP) has suggested that President David Granger will not honour the Constitution in the appointment of a substantive Chancellor and Chief Justice.
The party’s comments follow that of Minister of State Joseph Harmon, who has criticised the Guyana Bar Association in being “reckless” in commenting on the process towards the appointments. See that story here: http://newsroom.gy/2018/02/20/govt-slams-bar-association-for-reckless-statements-over-judicial-appointments/
“No one believes the President’s professed intention to comply with the Constitution.
“His track record does not permit them to do so,” the PPP noted in a statement on Wednesday.
The Constitution requires that the President has “agreement” with the Opposition Leader before making substantive appointments. Bharrat Jagdeo, the Opposition Leader and leader of the PPP, has rejected the President’s nominees, without giving reasons.
However, in a statement Wednesday, the PPP said Jagdeo is prepared to state the reasons once he is asked to.
The Bar Council of the Guyana Bar Association has warned that if President 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.”
Following Jagdeo’s rejection of the nominations of Justice Kenneth Benjamin for Chancellor and the current acting Chancellor Justice Yonnette Cummings-Edwards for Chief Justice, the President said he would seek legal advice.
But the PPP is not optimistic about the advice he will receive, given previous advice by the Attorney General.
“The commitment by the President to act upon the legal advice he receives by itself is a cause for deep concern, the nation is well aware of the quality of legal advice that comes from his Attorney General,” the PPP stated.
The appointment of the Chancellor and Chief Justice is governed by Article 127 of the Constitution of Guyana. It states:
(1) The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition
(2) If the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his or her office, or if the person holding the office of Chief Justice is for any other reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as shall be appointed by the President after meaningful consultation with the Leader of the Opposition.”
The Bar Association made it clear that Article 127(2) is invoked when the President and Opposition Leader cannot reach an agreement under Article 127(1).
An acting appointment is made by the President after “meaningful consultation” with the Leader of the Opposition.
“This has been done and therefore Article 127(2) has been fulfilled and exhausted. It is only if any of the provisos in the said Article 127(2) occur can it be invoked once again, failing which, the acting appointments continue until a substantive appointment can be made under Article 127(1).”
“In the circumstances we urge the Parties to work to break the impasse and arrive at a consensual resolution, discharging their duties to the nation and in keeping with the spirit and intent of Article 127 of the Constitution which was amended from its original form to foster collaboration,” the Bar Association noted in its statement.
The Ministry of the Presidency, in a statement from Minister of State Joseph Harmon, rejected the statement from the Bar Association as being reckless.
“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.
The PPP said, “Mr. Harmon’s statement itself is a demonstration of the intolerance of the Government to criticisms, which is part of the constitutional right of free speech.”
