Granger engages in ‘constitutional heresy’ to undermine Judiciary – Nandlall

May 5, 2017

Former Attorney General Anil Nandlall has accused President David Granger of practising ‘constitutional heresy’ in asserting a stranglehold over the Judiciary — in order to ensure subservient Judges are appointed, in order to make rulings in favour of the administration.

Nandlall made the charge on Thursday when he addressed members of the media at a press conference held at Freedom House.

PPP/C Member of Parliament, Anil Nandlall

Nandlall told reporters that the President has now taken to making recommendations to the Judicial Service Commission (JSC) over the appointment of Judges. According to the former AG, the Constitution does not provide for the President to make such unilateral decisions.

Nandlall has charged that the President must act in a mandatory fashion and in accordance with advice proffered by the JSC. Nandlall suggests the only leeway provided to the President under the Constitution is to request a new set of advice. He posits that for the President to have his way with the appointment of Judges, it would mean that when persons sue the State, there would be no independence of the Judiciary, since the appointed Judges would be subservient to the political directorate.

Nandlall unwaveringly demanded that the President must act on the list of names provided by the JSC, submitted over a year ago, in March 2016.

The former Attorney General pointed to Article 128 of the Constitution, which, according to him, dictates that the President ‘SHALL,’ in a mandatory fashion, act on the advice given by the JSC. He insists there is no room for interpretation of the provision ‘SHALL ACT.’

Nandlall told reporters that, based on information supplied to him, the JSC has already commenced another round of interviews with a view to providing another round of advice for new appointments to be made to the Judiciary.

According to Nandlall, President Granger is currently in violation of the provisions of the supreme law of the land, and is in fact engaging in ‘constitutional heresy’ in his attempts to direct the work of the JSC.

He suggests there are enough protections against the intrusion of the Executive into the affairs of the JSC, which must not allow itself to be manipulated.

The former Attorney General again lamented the state of affairs at the Court of Appeal, which he has described as now being an untenable situation. He was speaking to the vacant benches at the Court of Appeal, and the fact that no appeals could be heard in the absence of any appointments.

According to Nandlall, currently no appeals can be heard for matters to be transmitted to the Caribbean Court of Justice, or to deal with matters being challenged in the High Court.

Nandlall’s remarks were quickly dismissed by Minister of State, Joseph Harmon, at a post-Cabinet press briefing, when he was asked to respond to the former Attorney General’s remarks. Harmon said the President has indeed acted on the advice that had been supplied by the JSC.

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Granger engages in ‘constitutional heresy’ to undermine Judiciary – Nandlall

Former Attorney General Anil Nandlall has accused President David Granger of practising ‘constitutional heresy’ in asserting a stranglehold over the Judiciary — in order to ensure subservient Judges are appointed, in order to make rulings in favour of the administration.

Nandlall made the charge on Thursday when he addressed members of the media at a press conference held at Freedom House.

Nandlall told reporters that the President has now taken to making recommendations to the Judicial Service Commission (JSC) over the appointment of Judges. According to the former AG, the Constitution does not provide for the President to make such unilateral decisions.

Nandlall unwaveringly demanded that the President must act on the list of names provided by the JSC, submitted over a year ago, in March 2016.

The former Attorney General pointed to Article 128 of the Constitution, which, according to him, dictates that the President ‘SHALL,’ in a mandatory fashion, act on the advice given by the JSC. He insists there is no room for interpretation of the provision ‘SHALL ACT.’

Nandlall told reporters that, based on information supplied to him, the JSC has already commenced another round of interviews with a view to providing another round of advice for new appointments to be made to the Judiciary.

According to Nandlall, President Granger is currently in violation of the provisions of the supreme law of the land, and is in fact engaging in ‘constitutional heresy’ in his attempts to direct the work of the JSC.

He suggests there are enough protections against the intrusion of the Executive into the affairs of the JSC, which must not allow itself to be manipulated.

The former Attorney General again lamented the state of affairs at the Court of Appeal, which he has described as now being an untenable situation. He was speaking to the vacant benches at the Court of Appeal, and the fact that no appeals could be heard in the absence of any appointments.

According to Nandlall, currently no appeals can be heard for matters to be transmitted to the Caribbean Court of Justice, or to deal with matters being challenged in the High Court.

Nandlall’s remarks were quickly dismissed by Minister of State, Joseph Harmon, at a post-Cabinet press briefing, when he was asked to respond to the former Attorney General’s remarks. Harmon said the President has indeed acted on the advice that had been supplied by the JSC.

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