By Sharda Bacchus
The Guyana Bar Association has once again voiced its frustration over the prolonged absence of a substantive Chancellor and Chief Justice in Guyana, declaring on Tuesday that the current situation is “untenable”.
For over two decades, the roles of Chancellor and Chief Justice have been filled by acting officials with Justices Yonette Cummings-Edwards and Roxane George holding the respective acting positions since 2017.
According to Kamal Ramkarran, President of the Bar Association, it’s time for a permanent resolution.
Speaking at the opening of Law Year 2025 on Tuesday, Ramkarran emphasized that the delay in confirming a substantive Chancellor and Chief Justice was damaging to the legal system.
“The situation is untenable and unacceptable, and it is not something we can continue to happen,” he said.
“There is no reason that we should be here 20 years later without a Chancellor or CJ. This is something that should be accepted by anyone.”
Ramkarran made it clear that the two acting justices, who have served the judiciary with distinction, are more than qualified to be confirmed for the positions they currently occupy.
“I certainly believe that the people who are performing the role of the Chancellor and CJ are the people who should be confirmed for the positions and it should happen as soon as possible,” he added.
At the heart of the issue lies the power vested in Chapter 127 (1) of Guyana’s Constitution, which designates the President as the authority responsible for these crucial appointments. However, the process has been stymied by a lack of consensus between the President and the Leader of the Opposition.
As Ramkarran pointed out, the situation has dragged on for over 22 years, a timeline so long that, “During that time a child could have been born… complete school and even get a Degree.”
Guyana’s failure to confirm a substantive Chancellor and Chief Justice has been a persistent issue, stretching across four consecutive presidential terms. This ongoing impasse is a result of the constitutional requirement that the President must secure the approval of the Opposition Leader before making such appointments—a provision that has consistently led to deadlock.
Attorney General Anil Nandlall, SC, and previous Bar President Pauline Chase had previously remarked that this constitutional formula is broken and should be reconsidered as part of a broader package of reforms that will take place during Guyana’s long-awaited constitutional review.
Since the constitutional amendment in 2001, no Chancellor or Chief Justice has been appointed permanently, leaving the judiciary in a state of uncertainty. With the legal community now pushing for decisive action, the call for a permanent resolution to this issue has never been louder.
Currently, Justice Yonette Cummings Edwards is performing the duties of Chancellor and Justice Roxane George is performing the duties of the Chief Justice.
They were both appointed by former President David Granger in 2017. Failure by the former Opposition Leader, Joseph Harmon to recognise President Irfaan Ali as legitimately elected, has prevented any form of consultation between the two.
But even during the Granger presidency, no consultations occurred between him and the then Leader of the Opposition Dr Bharrat Jagdeo.
Former Chancellor Carl Singh and Chief Justice Ian Chang both acted in the position for years amid failed attempts by former Presidents Donald Ramotar and Granger to reach a consensus on confirming them.
Guyana’s last substantive Chancellor of the Judiciary was Justice Desiree Bernard. She served until 2005 and was in position before the constitution was amended.
