The PPP unanimously decided in about 1994/5 to propose to the Select Committee on Constitutional Reform established by the Sixth Parliament (1992-1997) that a president should serve only two terms. I led the delegation, which included former President Donald Ramotar, and presented the PPP’s position.
The PPP presented the same position to the Constitutional Reform Commission (1999-2000), which I chaired. Its delegation was led by former President Donald Ramotar, then General Secretary. The two-term presidential limit, supported by the PNCR, was adopted by the Constitution Reform Commission and formed part of its recommendations. Article 90(3) of the Constitution was duly amended by Act No. 17 of 2001, unanimously passed in the National Assembly, to limit the presidential terms to two.
The Chronicle’s obscene calumny against Chancellor of the Judiciary, Carl Singh, over several months and getting worse, its contempt of court and the Government’s intimidation of the Judiciary have become deeply troubling. The Chancellor was publicly warned to go on pre-retirement leave and not to hear any ‘political’ cases. Suspicion was expressed that he would start a case and postpone it beyond his retirement date so as to seek to extend his term of office.
What is worse is that a lawyer, Prime Minister Moses Nagamootoo, who has responsibility for information and the power to stop the Chronicle since it started its disgraceful campaign several weeks ago, has allowed it to continue. The only conclusion is that the Chronicle’s rampage against the Chancellor, and subversion of the Judiciary, is official Government policy.
On December 29 the Attorney General’s Chambers issued a statement asserting that the lease that had been granted to the Cheddi Jagan Research Centre (CJRC) in connection with the property in Kingston, Georgetown, known as ‘Red House,’ was invalid. Extensive reasons were given as the basis for that conclusion. On the following day a statement by Mr. Anil Nandlall, a prominent and well-respected lawyer and former Attorney General, was published. It was an equally extensive statement with a detailed legal analysis challenging the conclusions of the statement of the Attorney General’s Chambers.
In the meantime, on the evening of December 29, a statement from the Ministry of the Presidency informed the public that the President had revoked the lease on the basis of the advice given by the Attorney General’s Chambers and had given the CJRC 48 hours to vacate the premises. The CJRC had occupied the premises for about fifteen years and had accumulated a vast amount of material. Even trespassers are given longer periods to vacate premises by courts. In law, the period given must be reasonable. 48 hours could not be reasonable under any circumstances.
Stabroek News report – 29 December 2016.
Justice Roxane George on December 16, ruled that the last Will and Testament of Yusuf Mongroo, the owner of the Horseshoe Racing Service at the time of his death on August 15, 2010, was valid.
Many may remember that the Judicial Service Commission (“JSC”) recommended the appointment of prominent lawyer Miles Fitzpatrick as an acting Judge in the early 1970s. Mr. Fitzpatrick then turned up at State House on the appointed day to be sworn in by the then President, His Excellency Arthur Chung. The President failed to appear, in his own house. The swearing-in was aborted and Mr. Fitzpatrick was never appointed. The Independence Constitution and its 1980 substitute provided that the President “may appoint” judges who were recommended by the JSC.
In 2001 the authority of the JSC was strengthened, and the discretion of the President was removed, by the substitution of “shall” for “may.” Article 128(1) 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 Judicial Service Commission.” Article 128(2) now provides that “the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may be.” These amendments were based on the recommendations of the Constitution Reform Commission (“CRC”) in 2000.