Failure of gov’t to reconstitute Judicial Service Commission can weaken judiciary

Dear Editor,

As an outcome from the 2001 Constitutional Reform Process, the authority of the Judicial Service Commission (JSC) was strengthened and the discretion of the President in judicial appointments was removed by the substituting of the word “shall” for “may” when it comes to him following the recommendations of the JSC. Is this why President Granger is stalling on the reconstitution of the JSC? With no JSC, there can be no new appointment of judges which then can weaken the Judiciary which transfers more power to the Executive? Is this the democracy that President Granger speaks about, in words but no action?

Article 128(1) of the Constitution now provides that judges other than the chancellor and chief justice are appointed by the President “who SHALL act in accordance with the advice of the JSC.” Article 128(2) also now provides that “the President SHALL act in accordance with the advice of the JSC and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may be.”

These are not small matters. Yet although the life of the JSC ended some 15 months ago in September 2017, President Granger has illustrated that he has limited interest in progressing this matter. Is this how the Executive plan to treat with the Judiciary by bullying it with lethargy and executive laziness?

But the subterfuge and deception continue and this PNCR+AFC cabal continues to bamboozle the nation with their usual bunkum and bunk that all is well but this is furthest from the truth.

Minister Harmon in September 2018, a year after his Government’s delinquency, assured us all that they are working hard and “moves are afoot to reconstitute the JSC” (see SN of September 27, 2018). Then again a few months after he poured more of his deceptive and devious drivel by again telling the nation that “the JSC reconstitution is still receiving his Government’s attention” (see SN of December 5, 2018).

The plain truth is that President Granger as the CEO of this country has not given too many important matters of State the attention they deserve because he is extremely distracted with his private matters. I am in total agreement that a man must put his medical business at the top of his list of priorities but such a man must also demonstrate some modicum of care for the nation and come to grip with the fact that the people are suffering because of the fact that he is so unavailable.

Yours faithfully, Sasenarine Singh