There will be no agreement
Jan 05, 2018 , https://www.kaieteurnewsonline...ill-be-no-agreement/
The Guyana Chronicle, the mouthpiece of the ruling coalition, has suddenly and very timely reported that Justice Roxanne George, the acting Chief Justice, did not apply for the position when it was advertised. This is how the Chronicle is trying to justify her non- nomination for the post of Chief Justice.
If the facts as reported by the government’s mouthpiece are true, then, if the President has his way, the Chancellor will be Mr. Kenneth Benjamin and the Chief Justice will be the present acting Chancellor, Justice Edwards- Cummings.
It is inexcusable that the incumbent acting Chief Justice is not even under considerations for the post of Chief Justice. In which part of the world, is an incumbent not considered for a position?
It could hardly be that the acting Chief Justice would not be interested in being confirmed in the job. Why would she have accepted the position of acting Chief Justice, in the first place, if she were disinclined to not be confirmed in the job?
The Guyana Chronicle has the perfect excuse as to why she is being overlooked. It says that she did not apply for the job when it was advertised. If this fact is true, then the acting Chief Justice was quite in order not to have applied.
A search committee was unconstitutionally established and persons were asked to send their applications to an email which is based at the Ministry of the Presidency, the seat of Executive Authority. It was improper to have asked persons to submit applications for consideration by a search committee which has no constitutional standing when it comes to the appointment of the two top judicial posts of the land.
It is quite alarming that no one within the judicial arm of the State has seen the impropriety of the Executive arm of the State establishing a search committee for the top judicial posts and for persons being invited to apply to an email address which is sourced to the Executive arm of the State.
Reports in the media indicate that the President held a consultation with the Leader of the Opposition on this issue on Wednesday January 3, 2017. Reports further indicate that the Leader of the Opposition requested more time to undertake a due diligence of the names submitted.
It should be asked whether the government undertook its own due diligence before the President made his nominations. The President and the government found themselves in an awkward situation after certain things were uncovered about the President’s choice for another constitutional post.
The Leader of the Opposition has been most astute in asking for time to do his due diligence. If he digs up any dirt on any of the nominees, the President will find himself embarrassed and discredited, again.
It would be interesting to learn if the government undertook its own due diligence on its nominees. This surely could not have been the responsibility of the search committee which would have only been asked to shortlist persons who had applied for the positions of Chancellor and Chief Justice.
Even if the Leader of the Opposition does not find anything adverse about the nominees, it is not likely that the Leader of the Opposition will agree to any of the nominees of the President. Not that he has anything against these persons or that he questions their ability. Not at all…!
Rather, it must be understood that the PPPC, after the fiasco involving the appointment of the Chairman of GECOM, is in a mood of distrust towards the President. They are not going to forget what went before.
They are not going to allow what happened in the past to go without an appropriate response. A response would be not to approve any shortlists of the President.
The President must be dreaming if he believes that the Leader of the Opposition, who is also the General Secretary of the PPPC, is going to simply endorse the President’s nominees. This is not going to happen.
The President cannot do as he pleases when it comes to the appointment of the Chairman of GECOM and then expect it will be business as usual, with the opposition, when it comes to the appointment of a substantive Chancellor and Chief Justice.
The acting Chief Justice and acting Chancellor will continue to act until 2020. There will be no agreement on the substantive appointments.
Jagdeo is not going to be made a fool by the President. He will play him just like how he was played in relation to the appointment of the Chairman of the Guyana Elections Commission.