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REFORMING THE JUDICIARY IS URGENTLY NEEDED!

Dec 20, 2015 Editorial, Features / Columnists

Guest editorial

In Guyana, many especially the poor have posited that there are two sets of laws in the country—one for the rich and powerful and one for the poor and the powerless. The judiciary is far more accommodating of the elites than the poor and downtrodden who continue to face injustice on a daily basis.
The judiciary has not served the masses well. Jurists are supposed to make decisions based on the laws of the country but this has not always been the case.
The recent ruling in favour of former president Bharrat Jagdeo not to stand trial for allegedly making racist comments at Babu Jaan on the Corentyne is a case in point. If Jagdeo was poor, he would have had to face the full force of the law.
Many believe that the charges against him were dismissed because of his status. In one of his controversial decisions, the Chief Justice in 2014, ruled that it was unconstitutional for the majority opposition to reduce spending estimates in the budget, which the Speaker had claimed was bizarre because the Standing Orders gave the opposition the right to reduce the budget.
Another controversial decision by the Chief Justice occurred in 2012 when he ruled that there was not enough evidence to file rape charges against the former Commissioner of Police, Henry Greene. And the Chief Justice ruling that presidential term limits are unconstitutional is absurd. The fact that he has annulled several important clauses in the Constitution clearly shows that it is wrong for one jurist to interpret the laws of the country. In fact, it is very risky to have one jurist make decisions based solely on his/her understanding of the laws. Fortunately there is always the appeal.
What borders on insanity is the Chief Justice’s decision concerning the illegal appointment of former Town Clerk, Carol Sooba. It is highly offensive when the High Court makes a decision that cannot be enforced. Perhaps it is time for the Government to step in and appoint a Commission to reform the judiciary.
A reform of the judiciary is urgently needed because it discriminates against the poor. Sloppiness, inconsistencies or indifferent attitudes by jurists cannot be tolerated. The rulings by the Chief Justice are not only embarrassing, but they have certainly supported the idea that the interpretation of the laws should not be by only one jurist. There is need for a minimum of three justices. The country will encounter the same problems with the appointment of another jurist to replace the retiring Chief Justice. The government has to reform this antiquated system.
How can Guyana aim for First World status when its judicial system is archaic and chaotic? It has become the laughing stock of the Caribbean. There is no comfort in the belief that other Caribbean nations are experiencing similar problems. Guyana was the standard bearer for the Caribbean in regards to its judiciary.
Guyana was one of the first countries in the Caribbean to replace the Privy Council. The frequent criticisms of the justice system by the public should not fall on deaf ears; the government must overhaul the judiciary in order to put an end to the perception that there is one set of laws for the poor and oneset for the rich.
The government must make every effort to change the culture of the judicial system, if it means changing the structure to prevent further misinterpretation of the laws. The stakes are very high, and the people are optimistic that the government would act.

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