In his address at the inauguration of the Caribbean Court of Justice (CCJ) on April 16, 2005, the first President of the court, Justice Michael De La Bastide spoke confidently of the mechanisms that were in place to entrench the independence of the court and its insulation from political interference.
Noting that the only role for regional heads in his appointment was either a rejection or acceptance of the recommendation of the Regional Judicial and Legal Services Commission (RJLSC), Justice De La Bastide quipped “All I can say is, that if the Heads of Government who accepted the recommendation of the Commission that I be appointed the first President of the Court, wished to have a President who was, shall we say, pliable, then they made an awful choice – and they must have done so with their eyes wide open!”
He went on to say “I am the last person to minimise the importance of protecting a Court against political influence. What I do maintain, however, is that the CCJ is extraordinarily well protected against such influence and the Heads of Government (some of them now in opposition) who built that protection into the Agreement establishing the Court, are to be commended for it. It is true as the Judicial Committee recently pointed out, that the Agreement may be amended with the consent of all the parties to it.
“I venture to suggest, however, that the risk that the Heads of a dozen or so Caribbean Governments may be persuaded to participate in a joint enterprise to weaken the independence of the Court which they (or their predecessors in office) have so elaborately protected, is small enough to be acceptable – in the same way that we accept the risk of radical amendment of our Constitutions or the risk involved in having as our final court of appeal a court whose continued existence even we cannot guarantee”.
He concluded his address to this epochal event by expressing optimism about the court’s future.
“There is good reason therefore, to be optimistic about the future of the CCJ. The establishment of this Court is certainly a landmark event in the history of the Caribbean. The Court has the capacity to make an important contribution to the integration movement in the Region, and in Lord Hoffman’s words to give to the people of the Caribbean ‘the full benefit of what a final Court can do to transform society’. To sit as the first Judges of this Court is an opportunity which my fellow Judges and I feel very blessed and honoured to be given. It is also a responsibility which we accept with humility and a deep sense of obligation to the people of this Region”, Justice De La Bastide said.
The late justice’s reference to the deep sense of obligation that the inaugural panel of judges felt towards the people of the region is germane to what has emerged in recent weeks at the CCJ. It would not be easy to gauge what Justice De La Bastide may have made of the furore that has arisen in the court and or for that matter the succeeding Presidents, Justices Dennis Byron and Adrian Saunders.
Suffice it to say there would be an expectation that the court and its judges can repair the damage done to the CCJ’s public image in keeping with the expected deep sense of obligation to the region and in recognition of the seminal functions of the court. It is a hopeful sign that there has been relative silence from the Court and the RJLSC since the leaking of internal correspondence among the judges via the Sunday Express in Trinidad. Since the extraordinary statement by President of the Court, Justice Winston Anderson on August 14 there has been no other public comment by any member of the court. The RJLSC’s last statement on August 10th had said it was aware of the allegations concerning the administration of the CCJ and the independence of its Judges.
“The Commission recognises the seriousness of these matters and the importance of addressing them in a manner that protects public trust and confidence in the Court and the broader administration of justice throughout the Caribbean. As a result, the RJLSC believes that these concerns are best addressed through the established internal governance mechanisms of the Court and the Commission, and through a transparent and independent review undertaken in the best interest of the Region”, the RJLSC said.
One can then assume that the internal governance mechanisms of the Court are presently at work to heal the rift as they should have been at the inception and before the damaging revelations were made public. One can postulate that Justice Anderson has to secure the confidence of the rest of the panel and that going forward there will be a modus vivendi on how internal disputes are handled. Presumably the input of former Presidents Byron and Saunders could be useful in this process. It would then be for the RJLSC to express its view on the way forward.
Let there be no mistaking. The CCJ has been of immense importance as Guyana’s apex court from its launch in 2005 and retains that confidence despite the deep divisions that have arisen within the court. As a consequence, there is a corresponding onus on the court to assure Guyana and other countries for which it serves as the final appellate court and for all of CARICOM where it functions as the arbiter of the founding Treaty of Chaguaramas that it has been able to surmount its internal difficulties to the satisfaction of the public it serves. The work of the court must go on without any hint of the discord that has gripped it. There are important matters to be heard and adjudicated.
When he retired as President on June 3rd 2025, Justice Saunders expressed confidence in the court and the leadership of Justice Anderson.
“I demit office convinced that the CCJ ship is in fine shape and good hands. The court has grown tremendously from a mere idea to a formidable institution recognised internationally for its commitment to excellence”, he stated. He congratulated Justice Anderson and added “I have no doubt whatsoever that under his leadership, the court will grow from strength to strength”. It is left to be seen how Justice Anderson requites the confidence reposed in him by his predecessor.
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