Passing of Lay Magistrates Bill

Jul 20, 2009 Letters

Dear Editor,

The passing of the Summary Jurisdiction (Lay Magistrates Bill) on July 9, 2009 have given cause for celebrations for this historic event in Guyana. With all its short-comings, this new legislation is holding out a glimmer of hope that, the delivery and administration of justice will be moving a little closer towards participation and ownership by the ordinary dedicated citizens of the country.

With expectations and emotions running high, the indications that the new and welcoming injection of fresh air will soon be pervading the Justice System. The hope is that it will not become manipulation by vested interests or bogged down by politicians to become useless and ineffective,

The Bill was first introduced to Parliament some 10 years ago with weak and feeble intent. It was soon left abandoned to some obscure ‘special select committee’ to deliberate for a decade. At the same, the timely delivery of Justice went into sharp decline as the case backlog crisis escalated to unmanageable proportions.

To Guyanese this had meant the denial of timely access to Justice and they were forced to wait for years before their matters can be put for court hearings.

By the end of 2008 the backlog had risen to some 22,955 court cases according to figures as attributed to the High Court. The looming crisis had meant that tax-payers were forced to pay an additional sum of G$15,000 for each and every single court case that was disposed by a small group of elite Judges. This is in addition to the pay for Judges.

Such monopoly and high costs for the deliver of justice can only be maintained on a temporary basis and the firefighting cannot go on forever.

The sudden haste by which, the Summary Jurisdiction Bill was dusted down and presented to Parliament on July 9, 09, bears testimony to the fact that the backlog crisis will not go away and not without emptying the Treasury.

In the last resort, the ownership and administration of the Summary Justice System was begrudgingly handed over to the dedicated citizens of Guyana; 10 years overdue and as a measure to stem a crisis.

Lay Magistrates are public servants that should be drawn from ordinary citizens. They should not be short-changed. Before any appointments are made they should be fully screened for the key and essential qualities and prior to assuming their high-profile public duties. Proper checks and balances must also be put in place to prevent corrupt and unwanted practices.

Above all they must be invested with the essential and necessary training to equip them with the skills to discharge their public duty at the highest level. There cannot be any half-measures, chicanery or compromises.

The better the training, the better able Lay Magistrates will be to deliver timely, fair and equitable justice to the community. Guyana can only become a much greater place when such dedicated people are motivated to bring about the long delayed aspirations into reality.

Mac Mahase

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