Controversy erupts over Acting Judicial appointments as Justice Cummings returns from leave

Controversy erupts over Acting Judicial appointments as Justice Cummings returns from leave

Controversy has now engulfed the local judiciary as Justice Yonette Cummings has returned from two months of vacation leave and has resumed her post as Acting Chancellor.

However, while Justice Cummings has returned to her Chambers, Justice Roxane George who was appointed Acting Chancellor in early August, has found herself operating out of the Conference Room of the High Court as Justice Navindra Singh who was appointed Acting Chief Justice in August remains in the Chambers of the Chief Justice.

At the swearing-in of CCJ Judge Arif Bulkan last week, Justice Cummings was referred to as the former Acting Chancellor.

However, Justice George returned to the High Court this week to make way for the return of Cummings as her leave ended.

At the High Court, multiple sources have indicated that staffers and even other Judges have been left confused after noticing Justice George operating out of Conference Room while Justice Singh remains in the Chambers of the Chief Justice.

Some senior Government officials appear to be of the opinion that Justice George is still the Acting Chancellor as she was sworn in to that position by the President and that appointment supersedes previous appointments.

However, in a statement issued by the Office of the President after that swearing-in on the 4th August 2025, the President was quoted as saying “the temporary filling of Justice Cummings-Edwards’s absence reflects the administration’s commitment to justice, fairness and the rule of law, which are essential to the country’s democratic framework”.

A senior Attorney told News Source that based on the President’s statement, it was clear that the appointment of Justice George to the post of Acting Chancellor was only temporary as Justice Cummings, who has been in the Acting Chancellor’s post since 2017, had proceeded on vacation leave.

Further, in a July 10, 2025 letter to the Leader of the Opposition Aubrey Norton from Minister of Governance Gail Teixeira on behalf of the President, the Governance Minister informed the Opposition Leader that Acting Chancellor Yonette Cummings had requested to proceed on accumulated leave from the 16th July to the 15th August 2025. Teixeira said the President granted the leave and that to fill the vacuum of her absence and to ensure continuity in the functioning of the Office of the Chancellor he was considering the appointment of Acting Chief Justice Roxane George to the position of Acting Chancellor.

The letter stated that Justice George would be appointed to perform the functions of the Chancellor until Justice Yonette Cummings resumes her duties.

The letter further stated that the President was also considering the appointment of Justice of Appeal Navindra Singh to perform the functions of Chief Justice while Justice George was performing the functions of Acting Chancellor.

The Opposition Leader did not respond to the President’s letter and the President moved ahead with the Acting appointments in early August.

A senior Attorney said it would be interesting to know what was exactly written on the instruments of appointment that were presented to Justice George and Justice Singh when President Ali appointed them to the Acting positions.

However, he noted that based on the Office of the President statement and based on the letter that was sent to the Leader of the Opposition, it was clear that the appointments of Justice George and Justice Singh were only temporary.

News Source made repeated efforts today to contact the Attorney General for a comment, but all of our calls were unanswered.

For a substantive Chancellor and Chief Justice to be appointed, the Constitution stipulates that there must be agreement between the President and the Opposition Leader.

Acting Chancellor Cummings has been performing in that position since 2017. Guyana has not had a substantive Chancellor of the Judiciary since 2005 when the late Chancellor, Justice Desiree Bernard left the position to take up an appointment as Judge on the Caribbean Court of Justice.

The last substantive Chief Justice was former Acting Chancellor, Justice Carl Singh.

He retired in 2017 as Acting Chancellor, having served in that acting position for over 12 years.

With no substantive appointment of a Chancellor in over 20 years and no substantive appointment of a Chief Justice in almost 20 years, there continues to be growing calls for substantive appointments to be made.

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