WHEN SHOULD A JUDGE RECUSE HIMSELF OR HERSELF?


‘Inappropriate recusals are potentially very damaging.’ This statement begins the concluding portion of an article by Professor Abimbola Olowofoyeku, Professor of Law, Brunel University, London, UK, entitled ‘Inappropriate Recusals’ in The Law Quarterly Review, April 2016.

The main basis for recusals by judges (or other adjudicators, including magistrates) is actual or potential bias or the appearance thereof. It is in the Judge’s discretion to do so. As far back as 1972 in the libel appeal of Jagan v Burnham in Guyana’s Court of Appeal, the then Chancellor of the Judiciary, E.V Luckhoo, rejected an application by Dr. Fenton Ramsahoye, appearing for Janet Jagan, to recuse himself on the ground that his brother, Lionel Luckhoo, was appearing for Burnham.

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ECHOES OF THE EVER-PRESENT PAST


In 1838, as former slaves were celebrating the abolition of slavery the British colonial empire, Jesuit priests of Georgetown University in Washington DC, in the US, were selling 272 slaves to Southern estates to raise funds for the University. This trade in human degradation lasted until 1865 when the institution of slavery, one of the worst crimes against humanity, was formally abolished in the US.

After much public pressure Georgetown University announced during last week, as recommended by a report it had commissioned, that it would offer a public apology, would rename two halls as Isaac Hall for Isaac Hawkins, one of the slaves sold, and as Anne Marie Becraft Hall, in honour of a 19th-century educator who founded a school for black girls in Washington. It would also give priority in admission to descendants of the 272 slaves whose names were recorded and some of whose descendants have been or are being traced.

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CHEDDI JAGAN’S CONTRIBUTION TO GUYANA’S INDEPENDENCE


Inspired by events that were occurring in the wider world and influenced by progressive views while he was a student in the United States, Dr. Cheddi Jagan returned to Guyana in 1943, then British Guiana, intent on becoming politically involved on behalf of the poor and disadvantaged. He chose the trade union movement as an entrance point. Ashton Chase and Jocelyn Hubbard, both trade unionists, were sought out to join with him and Janet Jagan to form the Political Affairs Committee (PAC) on November 6, 1946, as a study and discussion group. Branches emerged in various places including Kitty, Buxton and Enmore. My father, Boysie Ramkarran, joined the Kitty Group in 1947. Ashton Chase, at the 50th Anniversary celebrations of the PAC said that my father was the Secretary of that group. Eusi Kwayana was active in the Buxton group.

Amidst unrest and great and increasing poverty in the Caribbean in the 1930s and 1940s due to the Great Depression and drop in the price for sugar, the bauxite workers went on a long strike in 1947. In 1948 the successful Teare strike of transport workers took place followed by the Enmore strike of sugar workers. Having already won a seat in the Legislative Council in 1947, these events, and in particular the Enmore strike, motivated Cheddi Jagan to speed up the establishment of a political movement to struggle for universal adult suffrage, social justice and independence.

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