Guyana Post, Saturday December 19, 2020
International Court of Justice rules that it has jurisdiction to hear the Guyana/Venezuela border case
On Friday, the International Court of Justice (ICJ) handed down a judgment in which it decided it has jurisdiction to hear the
Guyana/Venezuela border controversy case. The decision was by a majority 12 for and four against. The President of the
International Court of Justice, Judge Abdulqawi Ahmed Yusuf read the judgement at the Peace Palace in The Hague where a public sitting of
the court was held. On March 29, 2018, Guyana instituted the case against Venezuela, asking the ICJ to pronounce on the legal validity and binding
effect of the 1899 Arbitral Award, determining the boundaries between the two countries. According to the judgment, the 1899 Award states that both Guyana and Venezuela consented to the means of a judicial settlement. Venezuela has argued that the court has no jurisdiction, therefore the country did not participate in the oral hearings. Judge Yusuf explained Venezuela’s decision to not participate in the hearings so far has a negative impact on
administration of justice, however judgment of the court is final and binding on both parties. Judge Yusuf said the court concluded that it has jurisdiction to hear Guyana’s claims about validity of the 1899 Award and related questions of the definitive settlement of the land boundary dispute. However, Judge Yusuf noted that the court’s jurisdiction is limited as it cannot entertain Guyana’s complaints on events that occurred after the signature of the Geneva Agreement in 1966.
President Ali confers ‘Silk’ on three Senior Counsel after High Court ruling
From left, Timothy Jonus, Mrs Jamela Ali, His Excellency Dr Irfaan Ali and Minister of Legal Affairs, Anil Nandlall
His Excellency Dr Irfaan Ali officially elevated three legal luminaries to the status of Senior Counsel, effective from October 30, 2020 while acknowledging their “high standards of excellence and experience in the legal profession”. The three Senior Counsel, Attorney General and Minister of Legal Affairs, Anil Nandlall, Mr Timothy Jonas and Mrs Jamela Ali, took their oaths in the presence of the Head of State, Government officials and their family
members at a ceremony held on Thursday at the Baridi Benab in State House. “Today I am pleased, as President of the Cooperative Republic of Guyana, to confer the title of Senior Counsel on three eminent members of the legal profession. Their records of excellence and sterling service exemplifies the high standards to which the legal profession aspires. The conferment of Senior Counsel on these three legal luminaries is meritorious and
deserving.” President Ali reminded the new Senior Counsel that their title has long been associated with standards of distinction. “The conferment of ‘Silk’ is a mark of quality and thereby a means of enhancing public trust in our legal system. Such appointments will repose greater confidence in the efforts to ensure a more efficient and effective system.” The Head of State noted too that public confidence in the administration of justice will only be
enhanced by the presence of persons who embody the high standards and traditions of excellence and service, within the legal system. Such standards, he stressed, are therefore reinforced by such appointments which are based on merit and which can inspire greater respect for and confidence in the legal system. The President added that an effective and efficient legal system is essential to the social contract between citizens and society, who look to
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the legal system to secure peace, to deter violations of the law and to protect their individual rights. On October 28, 2020 the Head of State had announced that the appointments of the Senior Counsel were based on “their demonstrable knowledge of and learning in the law and on account of their exemplary erudition and diligence in the practice of the law and by virtue of their distinguished contributions to the growth and development of Guyana’s jurisprudence and constitutional democracy.” The honour of silk is conferred on distinguished lawyers. This status is recognised by the courts and gives recipients privilege and respect. THE PRESIDENT’S AUTHORITY The appointments followed Thursday’s ruling by High Court Judge Nareshwar Harnanan that the President has the authority
to appoint lawyers to Senior Counsel status. The case was brought by Jonas who had challenged four Senior Counsel (SC) appointments that were made by former President, David Granger. Jonas was seeking an Order of Certiorari to be directed to the Attorney General to quash the decision by the former President to elevate Attorneysat-Law Jamela Ali, Roysdale Forde, Mursalene Bacchus, and Stanley Moore as Senior Counsel. The decision was first announced on December 31 and appointments were effective in January this year. Jonas had argued that the former President’s decision was entirely void and of no effect. While Jamela Ali was appointed by the former President, she did not acknowledge the role as a result of the pending legal challenge.
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