The relevance of a proper JP system in Guyana

May 24, 2010 Letters

---

Dear Editor,

To date there has been no comprehensive review since its adoption here over a century and a half ago. But there has been no substantial change in how JPs function, or how they are monitored.

Furthermore legislation does not provide for tenure in the office of JP and so instruments stipulate the duration of appointments. As such there are JPs who may be considered medically unfit to continue to serve in office but are still functioning as JPs. Not only can it lead to inefficiency, but it opens the doors to potential abuse of old and infirm office holders.

Over the years JPs have received no formal training on the relevant legislation and fundamental practices and procedure for their office. At best, seminars have been held and lectures delivered but not of sufficient depth and details to equip these officers with the knowledge and skills necessary to adequately fulfill their roles and functions. Generally what they have learnt they have picked up along the way. Training was not required because the functions were within the capability of the office holders. In the early days the nature of the crime was simple {who stole livestock or committed a breach of the peace} and the identity of the criminal was easy to verify {everyone knew everyone else in the district}. Society was constructed differently with little movement even among the social strata and of course there was limited physical movement of persons across borders.

With the advent of societal changes and the opportunities for persons to migrate from their communities sometimes to very far distances where they were not known at all, coped differently. Some of these countries devised new systems of appointment and recruitment of the JPs. Other countries made strides in the development of their JP system by placing the office of the JP under the administration of the judiciary and paid holders of the office a full salary as a full time employee. Training was also given and the qualification criteria revised allowing the more competent officers to perform judicial functions.

The relevance of the Justice of the Peace system is closely tied to the roles that the JPs play in the criminal justice system. These roles are circumscribed by statute. Over the years however given the nature and history of the office for which holders were to be morally upstanding citizens in the community, the role of the JP has taken on other facets of civil life either as a result of community residents asking for various types of services or the JP themselves voluntarily offering these services to the residents of the community. The specific powers of Justices of the Peace are stated in numerous sections of different ordinances. Their functions continue to be wide ranging and is critical support of the criminal justice system.

{A} Assisting community members with statutory declaration for special programmes

{B}Authenticating life certificates for old age pensioners

{C} Filling passport forms

{D}Writing recommendations for jobs for community members

{E}Resolving non-criminal disputes between community members, between parents and their children and other domestic conflicts

{F}Advising members of the community on the availability of specific social services

From a social perspective JPs appear to have emerged in the eyes of the public as somewhat of a village counselor in family, legal and other affairs

Despite the honour and prestige of the office a range of negative issues have surfaced over the years; these were made explicit including charges of corruption and fraud. A number of JPs told the association that they attended certain police stations and were treated with disrespect and also with respect.

Touts and hustlers converge around the Magistrates Court, Guyana Post Office {GPO} and Prison, where they lay in wait from early morning to pounce upon innocent people to offer an unreliable service. All JPs confirmed to the association that such touts are permanent fixtures outside the courts and prison, GPO and the key players are known to them by name. The association conclude that a fierce triangle has been created among some JP touts and professional bailers, all of similar ilk. The touts appear to be chief negotiators who interface with persons in need on his own behalf and on behalf of the JPs and the bailer fees are fixed and the three-way split is determined. The touts do not appear to attach themselves exclusively to any JP. The President of the association sees this collusion team work and extortion as a cancer eating away at the very fabric of our JP & COA and that it may only be treatable by the complete removal of the infected parts, see in and knowing what I know the image of the JP Association was severely tarnished.

We need compulsory registration so that we could have a much more revised list and more JPs could be appointed to needed areas. We also wish that JPs who were appointed by COAs to assist fellow Guyanese and others in a more meaning full way.

Herman Bholaisingh

---

---