JPs seek regularization of status

Jan 22, 2009 News

A delegation from the Guyana Justices of Peace and Commissioners of Oaths to Affidavits Association, headed by their President, Hermon Bholaisingh, met with Attorney-General Doodnauth Singh last week to discuss a wide range of matters that are of concern to the Association.
At this meeting, the role and functions of JPs and COAs were re-examined according to the Summary Jurisdiction {Magistrates} Act, the Evidence Act.
It was decided that JPs and COAs should not exceed the limitations stated in the Acts. One of the important functions is that JPs/COAs have to authenticate documents about the bona fides of persons by having them sign such documents in their presence.
JPs/COAs have to be knowledgeable about their civic duties, the Association argued.
There is need for the Association to expand its membership, and members said that the current amendments to the existing Constitution of the Association catered for the re-establishment of the Chapters in Berbice and Essequibo.
Usually, statutory meetings are held in Georgetown, but this is to the disadvantage of JPs/COAs living in far-off regions. This decentralisation approach is expected to improve the situation.
In addition, if membership is representative enough for the Association, and the activities pursued prove beneficial, it could negotiate for a subvention from the Government to sustain itself.
Also, marriage officers are expected to operate in conformity with their legal stipulations, since not all JPs are marriage officers and even marriage officers cannot complete the application process unless a COA authenticates the “Affidavit in support of the application for petition for a marriage licence.”
The Association noted that, with the lack of a monitoring mechanism from the legal authority concerned to censure the work of JPs/COAs over a period of time, this could open the floodgates for all forms of skullduggery, such as payment of exorbitant fees for services rendered in some cases. The members of the Association are of the view that Government should put in place some mechanism so that defaulting JPs/COAs could be disciplined. The Association said that they can independently undertake some investigative work in this area and make recommendations to the Attorney-General.
They are also advocating for a publication of the list of existing JPs/COAs in the Official Gazette annually.
As for community-based mediation, the AG said that JPs could play a very meaningful and pivotal role in its implementation. The Association has been encouraged to take up this initiative. The Association, at a recent statutory meeting, had said that it may prove useful for a JP to witness and authenticate statements of offenders at Police Stations, to avoid allegations of “giving statements under duress”, as this is the practice in Trinidad and Tobago.
This idea was taken into consideration.

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JPs seek regularization of status

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