While noting that President Irfaan Ali, is not in breach of the Constitution by delaying the appointment of a substantive Chancellor and Chief Justice, Justice Damone Younge declared that the continuous delay has become “untenable” and “unacceptable.”

The Judge ordered today that the President and Leader of the Opposition should immediately commence the process to bring the matter to an end saying that the acting appointments in the two top Judicial posts have stained the country’s rich legal tapestry.

The case to force the President’s hand to swiftly appoint the substantive office holders, was  filed by Vice Chairman of the People’s National Congress Reform (PNCR), Vinceroy Jordan.

Jordan asked the Court to direct President Irfaan Ali through the Attorney General to make substantive appointments to the offices of the Chancellor and Chief Justice (CJ) through a declaration from the Court that the President has no valid reason for not starting the process to make the appointments to the top judicial posts.

In an affidavit to support his application, Jordan alluded to the list of excuses given by the President as the basis for not initiating the process to appoint the persons.

Among them, he noted that President Ali had said that then Leader of the Opposition Joseph Harmon and the Opposition must recognise him and his government as a legitimate Government before he consults with him on the appointment.

In her decision, Justice Younge contended that that position taken by Mr. Harmon further delayed and compounded the issue and caused further delays. However, she explained that from the time Mr. Norton took over as Opposition Leader to now, could not be seen as such a long delay given that there was correspondence between the two parties, though there has been a later break down in those talks.

Mr. Norton has repeatedly indicated that he is supportive of the substantive appointments of the two Judges currently acting in the top judicial posts.

The Judge said the onus is on both the President and Leader of the Opposition to now meet and try to bring this matter to an end as soon as possible explaining that for far too long the country has been without a substantive Chancellor and Chief Justice.

She said the matter has been one of grave public interest, so much so that it has attracted the attention of top Caribbean jurists.

Justice Younge said while it is not for the Court to lay down timelines and deadlines on when the process should start and the length of time it should take, it is expected that Constitutional officers—in this case, the President and Leader of the Opposition- do what they must, as mandated by the constitution.

The Judge noted that successive Presidents and Opposition Leaders have failed to agree on this matter for more than two decades and it should not continue, though she cautioned that the acting appointments seem to have no end in sight.

There has been a more than 20-year impasse on judicial appointments with the last substantive Chancellor being Justice Desiree Bernard and Justice Carl Singh, the last Chief Justice.

The current acting Chancellor, Yonette Cummings and acting Chief Justice Roxanne George, have both been acting in their respective positions since 2017.

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