Latest update April 23rd, 2024 12:59 AM
Nov 08, 2016 Letters
Dear Editor,
Editor’s note; this is the conclusion of Mr. Nandlall’s letter published in our November (Monday) 7th edition with the title, “The Weakening of constitutional agencies by the government.”
During my brief tenure as Attorney General, the statutory compliment of judges of the High Court was increased from 12 to 20; 5 judges were appointed to the High Court and 2 Commissioners of Title/Land Court judges were appointed. New magistrate court buildings were built and opened at Black Bush Polder, New Amsterdam, Sister’s Village, Number 53 Village, Wales, Lenora, Lethem and Wismar. Two Magistrate’s Courts were budgeted for to be built at Sparendam and a new Land Court building was also budgeted for to be constructed in the compound of the High Court, Georgetown. A new Mediation Center was built in New Amsterdam.
Modern and technologically advanced voice recording equipment was purchased to be installed in the Court of Appeal and the High Court and trained staff were identified to operate these equipment. I had the privilege of supervising the establishment and work of two international Commissions of Inquiry: The Linden COI and the Walter Rodney COI. These equipment and staff were employed in both Commissions. From all indications they functioned with excellence and were able to generate large volumes of verbatim transcripts daily. I say all of this, not to blow my own trumpet but to highlight the tremendous progress made in a short period. I wish to credit the Chancellor and his hard working team. However, these achievements would never have become a reality if strained relationships existed between the Executive and the Judiciary. It is the “comity” referred to in part one of this letter (Monday, Nov. 7) which produced these results.
Today, the position is different. Acrimony has replaced comity. The voice recording equipment has not been fully installed in the courts as planned. Though the Judicial Service Commission has made recommendations to the President for the appointment of several judges to the High Court and the Court of Appeal several months ago, no such appointment has been made. A reasonable inference that one can draw is that the nominees of the JSC do not meet the approval of the Executive. This is quite unfortunate because the approval of the Executive of the nominees of the JSC is not a constitutional requirement.
The retirement of Chief Justice Ian Chang SC has created quite a void in the judicial system. He was replaced by the Honourable Justice of Appeal, Mrs. Yonette Cummings-Edwards, thereby leaving the Court of Appeal, a 3 member Court, with only 2 judges. Every time the Court of Appeal sits, a Judge from the High Court is required to leave all of his/her cases in the High Court to go to the Court of Appeal. The consequences are chaotic in the High Court. The sloth has increased manifold. Perhaps one example will suffice. On the 27th of September, 2016, I filed an application in the High Court seeking certain Prerogative Remedies against, what I consider to be, the abuse of power by a Public Officer. As per the procedure, my application was made ex parte. Such an application would normally be heard by a Judge within two days (maximum) and it is either granted or refused at that hearing.
This application was not heard by a Judge until the 27th of October, 2016. While that application was pending, my clerk enquired regularly of the Judge’s Registrar for a date for hearing. On almost every occasion he was informed that the Judge is in the Court of Appeal. When the matter was eventually heard on the 27th of October, 2016 the Judge adjourned the matter to the 4th of November, 2016, for ruling. On the 4th of November, 2016, the Judge is once again in the Court of Appeal and the matter is again adjourned to the 8th of November, 2016, for ruling. I intend no disrespect to anyone but every experienced legal practioner will tell you that this case demonstrates that the judiciary has reached an all time low, in terms of speed. To the tens of thousands who are anxiously awaiting the hearing and determination of the elections petition filed by the PPP, and who pose all sorts of questions to me wherever I go, I say, sadly, this is the system under which I function.
Anil Nandlall
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