After nearly three decades without permanently filling Guyana’s two top judicial posts, a leading University of the West Indies constitutional law expert is calling on President Irfaan Ali and new Opposition Leader Azruddin Mohamed to launch fresh, constitutionally mandated consultations to finalize substantive appointments for Chancellor of the Judiciary and Chief Justice.
In an interview with Demerara Waves Online News, Professor Tracy Robinson — who teaches law at UWI’s Mona campus in Jamaica — argued that prior consultation efforts have lapsed, so the process must start over with the current officeholders, not the outgoing opposition leadership that was originally approached in 2024. Last October, roughly one month after the September 2024 general and regional elections, President Ali sent a formal proposal to then-outgoing Opposition Leader Aubrey Norton to confirm the already-serving interim leaders: Acting Chancellor Roxane George-Wiltshire and Acting Chief Justice Navindra Singh. That proposal never moved forward, making new talks with Mohamed a constitutional necessity, Robinson said.
Robinson emphasized that the permanent appointment of Guyana’s top judicial leaders, mandated under Article 127(1) of the nation’s constitution, is foundational to protecting judicial independence and upholding the rule of law. That constitutional requirement imposes a binding obligation on the sitting president and current opposition leader to reach a shared agreement through good-faith negotiation, she explained. “Given that earlier efforts have fallen into desuetude or become defunct, it is crucial that both political leaders restart consultations afresh, or begin anew, and in good faith,” she said.
She noted that negotiations can sometimes stretch over long periods, fail to produce consensus, or become obsolete when the officials originally involved leave office — a reality that reinforces the need for the current leaders to take up the process now. To support her argument, Robinson referenced a 1999 Belizean judicial ruling from Justice George Meerabux, which addressed a problematic chief justice appointment made the day before an election, before opposition leaders were consulted. In that case, Meerabux stressed that good faith and appropriate timing are non-negotiable, and that caretaker governments should avoid making major, long-impact decisions that undermine parliamentary democracy.
Robinson went on to draw on rulings from the Caribbean Court of Justice (CCJ) to lay out the legal framework for the required consultations. She cited CCJ Justice Peter Jamadar’s 2021 judgment in *Air Services v Attorney General*, which defined the core principles of what Jamadar termed “Guyanese consultation.” Per that ruling, any legitimate negotiation process must be rooted in transparency, openness, clarity, inclusivity, accountability and timeliness for all stakeholders involved.
While Article 127(2) does allow the president to appoint interim officeholders when positions are vacant or other exceptional circumstances arise, following meaningful consultation with the opposition leader, Robinson stressed that the constitutional mandate for a permanent, substantive appointment remains binding. She argued that the shift from unilateral presidential appointment to shared, consensual decision-making outlined in the constitution means both leaders have a mutual duty to engage in good faith when the roles are held on an acting basis.
Robinson also referenced the 2019 CCJ ruling in *Zulfikar Mustapha v The Attorney General and The Chairman of The Guyana Elections Commission*, in which the court invalidated the appointment of a Guyana Elections Commission chair made by former president David Granger. In that case, CCJ President Justice Adrian Saunders wrote that the Guyanese Constitution expects both the president and opposition leader to act reasonably and responsibly, set partisan interests aside, and prioritize the welfare of the Guyanese public.
The current interim appointments were made in August 2025, when George-Wiltshire — previously serving as acting chief justice — was elevated to acting chancellor, and Singh was named acting chief justice. The last substantive appointments to these roles came decades ago: Desiree Bernard was confirmed as substantive chief justice in 1996, and later as substantive chancellor in 2001. Ever since, repeated failures by successive presidents and opposition leaders to reach consensus have left the top two judicial posts permanently filled by interim officials, creating an unprecedented gap in Guyana’s judicial governance.
“In consultative and consensual decision-making processes involving the President and the Leader of the Opposition, good faith, fair and enabling processes, appropriate timing and timeliness, and political maturity matter enormously,” Robinson said. The leading constitutional scholar summed up the urgency of restarting talks with a memorable analogy: “Consultation is one dish that cannot be served cold.”