Lauding Guyana for its accession to the Caribbean Court of Justice (CCJ) as its final court, President of the CCJ, Justice Adrian Saunders, said that during the years the country had a single appellate tier, its justice system “did not flourish as well as it could otherwise have.”
Justice Saunders credited in part, advancements made by the local justice system to Guyana’s accession—from the inception of the regional court—to both its original and appellate jurisdictions.
The remarks were made by the CCJ President who delivered the keynote address over the weekend at the Marriott Hotel, at the annual dinner hosted by the Guyana Bar Association which celebrated the end of its inaugural law-week observances under the theme, “Advancing the Rule of Law in the New Normal.”
Justice Saunders said that in the early days following the inception of the CCJ in 2005, cases from Guyana were usually ones that had been in the system “for many years. For too long;” noting that the Guyanese rules of court at the time, dated back to the 19th and early part of the 20th century.
Those rules, the president said, did not encourage modern effective case and case-flow management.
“I think that, and I say this with great respect, during the years that Guyana had a single appellate tier, the justice system in this country did not flourish as well as it could otherwise have,” Justice Saunders said.
He went on to add that it was therefore not surprising that by the time the CCJ was launched in 2005, “the Guyana judicial system had not kept abreast of all the reform initiatives that had swept through much of the region in the ‘90s and early part of this century.”
Fast forward two decades later to the 2020’s, however, Justice Saunders said that Guyana’s justice system is now “dynamic, responsive and innovative,” being currently “ably led,” by acting Chancellor Yonette Cummings-Edwards and acting Chief Justice Roxane George SC whom he described as “two forward looking and progressive judges.”
On this point he said that the length of time cases now take to reach the CCJ has grown considerably shorter, stating that as far as he can tell, judgments in the local courts were being delivered “in a far more timely fashion.”
Justice Saunders said, too, that many cases are disposed of utilizing mediation, and there has also been the use of modern information and communication technology to aid case management.
He said it was a fact that over the last ten or so years, there has been a series of steady reforms in the administration of justice in Guyana, while stating that the trajectory is trending in an “excellent direction.”
The CCJ President said that the reforms have benefited from increased allocations of funds from the State; and that judicial reform initiatives have received substantial assistance from various donors and other agencies including UNICEF, the British High Commission, the NCSC of the United States, the Canadian funded JURIST project, as well as the CCJ.
Merit based
Attention, he said, must be placed on ensuring that the system of judicial appointments and promotions is highly competitive, transparent and merit based and that ongoing, relevant and systematic judicial education is available for judges and magistrates.
“Now more than ever, Guyana’s judiciary must be and be seen to be impartial, independent, competent, efficient and effective,” he asserted.
Meanwhile, at the level of the Bar, Justice Saunders said that every effort must be made to professionalize the Law Society; to ensure that the Association develops fair and effective processes to address complaints by the public and ensure that, among the legal fraternity, there is also ongoing and systematic legal education; to which he pledged the CCJ’s support.
Justice Saunders underscored that over the years the CCJ has had to address a wide range of cases from Guyana, some of them involving delicate issues of great national and public importance.
He said that “always,” the Court has executed its responsibilities and will continue to do so without regard to race, colour, creed, class, political affiliation or other such matter.
Noting that naturally in an adversarial system there always will be an unsuccessful side—a party that is unhappy with the outcome of a matter—Justice Saunders said he was nevertheless satisfied that “we have always passed judgment with sensitivity, with care and with due regard for our honest understanding of the Constitution and the laws of this magnificent country.”
He said it was noteworthy that every judgment of the Court has been voluntarily complied with by Guyana, “even when some of these judgments must have been a bitter pill for the losing side to swallow…I believe your democracy, the rule of law in this country, is all the stronger for this.”
Justice Saunders said he wanted to applaud Guyana for its choice in acceding, from the inception, to the appellate jurisdiction of the CCJ, opining that it was a choice which has advanced Guyanese and Caribbean jurisprudence; while expressing the belief that it created better conditions for securing the rule of law in Guyana.
“I speak for all my judicial colleagues and as well the staff of the CCJ when I say that we all take seriously and value highly the great trust the people of Guyana have reposed in us. Our solemn pledge to you is that we shall always do everything within our power to continue earning that trust,” which he described as “a commendable demonstration of faith in the region’s ability to establish a court and produce judges that are equal to the task.”
Against this background, the CCJ President said it was, however, disappointing that there still are other Caricom countries in the region which have not yet signed on fully to the CCJ—preferring instead to still have British judges from the UK Privy Council interpret their laws.
While that is a choice each State would have to make Justice Saunders said at the same time said it has consequences; in that it deprives people of ordinary means of the ability to avail themselves of a level of access to justice that they could and should enjoy and it also impacts negatively on the full development of Caribbean jurisprudence.
