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‘Delay means no justice’ …Bar Association head calls for urgent judicial overhaul
(Kaieteur News) – The Supreme Court of Judicature officially opened its Law Year 2026 on Monday, with the President of the Guyana Bar Association, Kamal Ramkarran, calling for significant reforms to the judicial system.
He specifically highlighted the need for the urgent overhaul of the rules governing the Guyana Court of Appeal, as well as the reform of the disciplinary system for lawyers and judges. In his address, Ramkarran pointed out a range of systemic issues plaguing the legal system, from outdated procedures to the lack of accountability and transparency in judicial proceedings. He emphasised the importance of speedy trials and the need for judicial reforms that will better serve litigants and the public.
President of the Guyana Bar Association, Kamal Ramkarran
Ramkarran began by recounting how trials in Guyana were once known to take two to three years to reach completion, a situation that had long been accepted as the norm. However, he pointed out that changes in the rules and mindset had drastically improved the speed of justice delivery in recent years. “It would be shocking to think that there could be any reason why a case would take so long to come up in the High Court, or why it would take so long to be completed,” he said. “Delay means no justice,” Ramkarran added, urging both the bench and the bar to remain vigilant and committed to timely hearings.
Reforms in laws in Court of Appeal
However, while progress has been made in the High Court, Ramkarran highlighted that the Court of Appeal still faces significant challenges. Although recent improvements have been made, including the construction of new courtrooms and the swearing-in of additional judges, the Court of Appeal’s acting rules have not been updated since 1959. As such, Ramkarran emphasised that change must come within the Court of Appeal.
Ramkarran pointed out that the Caribbean Court of Justice (CCJ) has introduced six sets of appellate jurisdiction rules since 2005, emphasising that there must be a change of rules and laws in the court of appeal. ” We need not be wedded to laws and rules which no longer serve their purpose. We must be the master of our rules of procedure and not the other way around, perhaps because of those old rules and law and other procedural default appeals now take forever to come up for hearing. I know that I have appeals pending for years and years, but I can’t remember how many or what they are, because it’s been so long. It’s been so many years since they’ve been filed,” he explained.
Ramkarran added, “I sit and wait for them to come up, like the hundreds of other lawyers who must be in the same situation, their appeals, and do nothing about it. The system becomes the way it does, because we all accept it. The position is the same with applications for leave to appeal from the full court, as well as applications to leave to the Caribbean Court of Justice, although they tend not to take as long as the appeals to come on for hearing.”
Lawyers must also be held accountable
Ramkarran also attributed the delays in court proceedings, in part, to lawyers. He stressed that lawyers must be held accountable for the delays caused by inadequate preparation and frequent adjournments. “We cannot complain that cases take too long to be completed if it is the lawyers who are delaying them by not being prepared and by seeking adjournments. There is no system of continuing legal education in the bar among lawyers. If a lawyer wanted, never wanted to read another law book or judgment after law school, it would be completely open for that lawyer to do so. The procedure for disciplining lawyers is cumbersome,” he said, pointing out that for over 25 years no lawyer has faced suspension or removal from practice. “There must be open and transparent systems to deal with misbehaviour from judges and lawyers in a proper and fair manner. Systems must ensure that the highest professional standards are met by judges and lawyers and if not, consequences should flow,” Ramkarran urged.
More in- person hearings
In relation to in-person versus virtual hearings, Ramkarran acknowledged the advancements made with virtual hearings but expressed a preference for more in-person hearings where appropriate. ” Virtual hearings and in filing system has transformed the practice of law. We now have practice directions to be filing, but I wish we could also have fixed rules and virtual hearings, detailing which matters should be done virtually and which should be done in person,” he said.
He also urged that transcripts be made available for all hearings, whether in oral or video form, to increase transparency and reduce the possibility of errors or misunderstandings. ” Everyone knows what happened, and there is no room for question or speculation. When we have a transcript, there are no secrets and there is no need to rely on memory, which can be faulty. On many occasions, I’ve heard it said, well, we have no way of knowing what happened, because there is no Transcript,” Ramkarran stated.
Despite these challenges, Ramkarran expressed confidence that the judicial system in Guyana is on the path to improvement with a reduction of backlog in cases. “We must all remain vigilant and refuse to accept a system that does not allow this,” he urged. “We have come a far away, but there is still much we can do to operate at full capacity… I am hopeful that this is the year when the judiciary, Judiciary will begin its Renaissance, new courts, new judges, better systems through new laws and rules and a substantive Chancellor and Chief Justice, firmly in charge of steering us towards justice,” Ramkarran added.
Meanwhile, Attorney General and Minister of Legal Affairs, Anil Nandlall SC, echoed similar sentiments during his speech at the ceremony. He stressed the importance of holding the legal profession to higher standards of accountability, transparency, and ethical conduct. Nandlall also highlighted the need for strong disciplinary processes to address misconduct and negligence within the legal profession. ” We need strong disciplinary processes that must be activated to treat with serious allegations of misconduct, negligence and dishonesty,” he said.
Nandlall also touched on the need for the judiciary to better implement the modern legislation being introduced by the Executive and Parliament. He noted that new laws, including pre-bargaining, paper committal, and restorative justice legislation, have not been applied in the court system. “We are churning out at the level of the executive and the parliament a tremendous amount of new, modern and innovative legislation capturing the developments that are taking place in the law and the procedural advancements that are taking place in the law in different parts of the world. And we are bringing them to Guyana. You have the legislative framework of a most modern type. But I say this with the greatest of respect. I don’t think that we are reading them.” he added, “I don’t think that they are being used in the Magistrate’s Court. Legislation is being ignored. Madam Chancellor, the Justice Institute, we have to do more work in that regard.”
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To Pres., GBA Karan Ramkaran: Yours, Is A Great Idea, and Most Welcome,!
It’ll Speed Up Justice, for The People, SWIFTLY, and without Any Compromises!
Less Painful Wait, and Less Stress, for many who are Not Sure, if Justice Will Prevail!
Thanks Much!