Vice President, Bharrat Jagdeo
Vice President, Dr. Bharrat Jagdeo stated that the Executive arm of the Government has no power to intervene in the work of the Judiciary while adding that the quality of judgements handed down by Magistrates and Judges should be used to influence their promotions.
Referring to a practice in other parts of the world, Jagdeo stated “Sometimes in our system, people believe that it’s how long you’re on the bench, the number of years that you’re on the bench that would serve as the basis for your promotion. So maybe the Judiciary –the (Judicial Service Commission) and the Chancellor and the Chief Justice – when they promote people…[can] look at the quality of their judgement.”
He, however, defended Judges and Magistrates who deliver rulings based only on the facts presented in court, noting that “there are many people in the Judiciary who work really hard and… we can all be proud of their work.”
However, as it relates to others, he said there have been many inconsistencies that “Lead me to conclude that the cases and decisions made cannot be supported by the facts before the judicial officer.”
He referred to many of the rulings issued during the 2020 elections period that were later appealed at the Caribbean Court of Justice and reversed. As it is, he directed citizens to turn to the CCJ for help if they were displeased with the rulings of the local courts.
“While you had some bright shining stars in the judiciary who stood out based on their integrity and the decisions that they made, had it not been for the CCJ, APNU would have been in office today,” he highlighted.
One of the most famous cases was following the passage of a no-confidence motion against the APNU-AFC Government on December 21, 2018.
The then, Attorney General, Basil Williams had requested the court to rule on whether the Speaker’s decision on the December 21, 2018 motion was indeed carried by a majority of all elected members and whether or not the 33 to 32 breakdown means it was validly passed.
In his petition, he argued that the current total elected members of the National Assembly are 65 and the majority of members legally prescribed by Article 106 (6) of the Constitution is tantamount to an absolute majority that legally requires a vote of 34 or more.
Under the Constitution, on the passage of a no-confidence motion, elections must be called within three months or at a time agreed to by two-thirds of the National Assembly. The then Opposition, PPP/C believed that the APNU-AFC was using the argument to buy time in office.
In March, Chief Justice Roxane George upheld the validity of the No-confidence Motion against the coalition Government, saying this now paves the way for the Guyana Elections Commission (GECOM) to start preparation for the hosting of General and Regional Elections, which is constitutionally due in March.
However, this decision was challenged in the Court of Appeal by the APNU-AFC.
In March, the CoA ruled that an “absolute majority” of 34 votes is required to validly pass a no-confidence motion. The Court of Appeal by majority decision of 2-1 disagreed with the reckoning that 33 Members of Parliament (MPs) can effectively pass a No-Confidence Motion against the Government.
The matter was taken to the CCJ by the PPP Opposition and in June, the highest court for Guyana ruled that the No-Confidence Motion (NCM) that toppled the APNU-AFC Government on December 21, 2018 was validly passed.
The court found that 33, and not 34 as the APNU-AFC and supporters had argued, was the majority PPP/C needed out of 65 Members of Parliament (MPs) to pass the motion.
Meanwhile, since returning to office in 2020, the PPP has commenced a programme to improve the court system and the time taken to adjudicate matters.
Several legislations have been updated, new courts opened in Georgetown and other regions, and more Judges appointed are among measures taken to address delayed trials and related issues.
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