The time has come for a complete overhaul of the Justice System

May 09, 2009 Letters

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Dear Editor
I write with reference to two related articles in SN headed ‘Backlog of Cases Too Much For Judges’ (Oct 26, 08) and ‘Judicial Decision Time Limit Law Can Have Adverse Effect’ (May 3, 09).
The articles have invited many responses and reflect the high level of concern.
To most commentators, the Guyana Judicial System does not exist as an independent and effective entity, and obviously this is giving cause for much alarm.
Many have lamented that the Guyana Judicial System is a dismal failure and being used to serve the interests of politicians.
The enactment of recent legislation on the work of judges is a clear signal that there is interference and erosion of the independence of the Judiciary.
The aim of the legislation seems about controlling Judges’ work, and to impose time limits on their decision making process.
Protecting and defending the independence of the Judiciary is noticeably absent, and not featured as the prime motivator behind the legislation.
The weight of the huge backlog of Court cases waiting to be heard, can only compound the looming crisis.  While inaction takes precedence, Guyanese are being denied access to timely, fair and equitable justice, and their entrenched public rights are being seriously fractured.
Vast sums are being proposed to be spent to spruce up the image of the Justice System and the Law Courts as showpieces to Justice. Little is being done however to address the backlog issue as a national crisis.
The crisis will not go away by pretending it does not exist. The looming backlog would continue to cast a very dark shadow over the nation, and this could escalate into the spawning grounds for more unprecedented corruption, lawlessness and violence.
The aimless firefighting in the background would only serve to fan the flames even more.
There is now a greater call for Justice to be brought down to the level of the people that it purports to serve.
It should not remain as dormant, cobwebbed files to clutter Court corridors and pending action that may never come in the years ahead, if at all.
At this very time, far more economical and effective Judicial Systems are successfully being deployed by some rich developed countries abroad.  Guyana cannot make any such claims or have laid the groundwork for any such ambitions. Shortage of Judges and the creation of the huge backlog of cases however, are being blamed on poor pay, as opposed to inaction.
If those with heads buried in sand, were to look up briefly at the real world, they will be faced with the most cost-effective, well tried and tested Judicial Systems within their grasp.
Indeed, Northern Ireland has introduced a system that would prove equally, if not more relevant, to Guyana’s demography and ethnicity.
Essentially, the NI legislation requires the appointment of lay magistrates as distinct from paid magistrates to provide Justice within the needs of their own specific regions.
This clearly fulfils the concept of delivering Justice where it is mostly needed and to benefit the particular demography and ethnicity.
Lay magistrates are not paid magistrates but are entitled to other payments.
Lay magistrates are drawn from within the community they live, and therefore have a close affinity, understanding and insight into their community.
There are vast advantages to be gained over the present System of Justice, which is stagnating, and has become aloof and out of touch.
Lay magistrates are not tied up with the Judiciary on a full time basis, and usually work for a minimum of half a day per week.
This allows them to remain in close touch with the community he/she serves. They adjudicate on the bulk of Court cases, and refer the most serious of maters to the High Court as necessary.
The NI legislation has also put in place many checks and balances in their appointments.
Applicants for the position of lay magistrates are screened fully to determine whether they possess the essential and vital  qualities. These qualities include good character, understanding and communication, social  awareness, maturity, sound temperament, commitment and reliability.
After the full screening, successful applicants will have to undergo a period of necessary and essential training.
Initially they will join a bench of experienced magistrates as observers, before assuming their role as fully fledged magistrates in the due course of time.
Training is contiguous and updated with the latest knowledge, including new legislation as may be relevant.
Guyanese deserve far better, than what is being credited to them. They have been regarded as scapegoats for far too long.
Their reputation as a friendly, warm and welcoming people is well known. Yet they are being taken as fait accompli and treated with much disregard, and have become saddled with the negative images not of their own making.
Currently they are being labeled as ‘litigious’ by some legal practitioners, who stood to gain far more by pedaling such concepts as the status quo.
The time has come for a complete overhaul of the Justice System and it should no longer remain in the hands of the few.
Mac Mahase

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