The Law Reform Commission (LRC) reviewed 12 Acts and proposed laws during last year, some of which were carried over from 2022 and has sent its recommendations to Minister of Legal Affairs Anil Nandlall.
According to the 2023 LRC report, the Acts reviewed were the Summary Jurisdiction (Offences) Act and the Pursglove Report, the Evidence Act Cap 5:03, the Companies Act Cap 89:01, the Procurement Act Cap 73:05, the Court of Appeal Act Cap 3:01, the Summary Jurisdiction (Procedure) Act Cap 10:02, the Landlord and Tenant Act Cap 61:01, the Matrimonial Causes Act Cap 45;02 and Summary Jurisdiction (Magistrates) Act Cap 3:05. In addition, the report said, the LRC reviewed the Data Protection Bill, the Criminal Procedure (plea discussion and agreement) Bill, the Criminal Law Procedure (paper committals) Bill and the draft Civil Procedure (declaration of a title) rules.
As regards the Summary Jurisdiction (Offences) Act and the Pursglove Report, which the report said the LRC received for review in 2022, this encompassed Senior Counsel Peter Pursglove’s report emerging from his “consultancy to review the Summary Jurisdiction (Offences Act) and to propose recommendations of amendments”. Pursglove, an international legal consultant, had been retained, under the APNU+AFC government, to review the Summary Jurisdiction Offences Act, with a view towards removing offences which should no longer be considered criminal acts.
Former minister of state Joseph Harmon had stated that Pursglove’s US$87,440 contract involved the provision of consultancy services for the review of the legislation and recommendation of amendments.
According to the LRC, the consultant recommended provisions to be repealed, retained, amended and provisions for which further consultation was required.
The report said that regarding the Evidence Act Cap 5:03, the LRC reviewed an amendment to Section 91, the inclusion of provisions pertinent to the admissibility of computer records in criminal proceedings and the omission of provisions giving legal effect to electronic documents, records, signatures and transactions, thus the necessity for prompt passage into law of the Electronic Communications and Transactions Bill of 2019 after the completion of consultations with all the internal and external stakeholders.
With regard to the Companies Act Cap 89:01, the report said, the LRC reviewed an amendment to Section 44 (1), the inclusion of provisions covering non-profit companies, steps of the amalgamation process, and virtual and hybrid shareholder meetings.
Subsequently, the report said, additional requests for proposals for the reform to this Act were sent to the Bar Association of Guyana, the Registrar of Commerce, Christopher Ram and Associates and the Guyana Securities Council. The Registrar of Commerce was engaged about his submissions, as well as those from the Guyana Securities Council, which were received on December 28, 2023.
The LRC report said as at December 31, 2023, the submissions were being reviewed and it is anticipated that a further report will be finalised and submitted to Minister Nandlall this year.
Referencing the Procurement Act Cap 73:05, the report noted that at a meeting held on January 29, 2022, the Attorney General stressed that the area of procurement required strengthening.
“He explained that though tedious, the procurement process which requires transparency needs to be expedited to effectively execute the 2022 budget,” the report stated.
It said the LRC therefore agreed to prioritise the Procurement Act.
Following the discovery of a previous study of this legislation by Sabine Englehart, who made recommendations for reform, the commission decided to review her report to avoid duplication of efforts. A thorough analysis of the report and actions based on the recommendations made by Engelhart was done during the second and third quarters of 2022.
Requests for recommendations for amendments to this legislation were sent to 18 stakeholders and to date the reform commission is still awaiting feedback. Engagements with the National Procurement and Tender Administration Board were also done but no recommendations were submitted to date as well, the report said. Resultantly, this matter was moved down the LRC’s agenda pending stakeholder feedback.
In the final quarter of 2022, the report said, LRC commenced a review of the Court of Appeal Act Cap 3:01 and in doing so, wrote to 21 stakeholders, including Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards seeking recommendations for amendments.
According to the LRC, no response has yet been received from the stakeholders. It is anticipated that a report on recommendations for the amendments to this Act would be finalised and submitted to the AG this year.
In reviewing the Summary Jurisdiction (Procedure) Act Cap 10:02, the report said, the LRC commenced research on judicial considerations of the Act, legislative context of the Act, jurisdictions in which the Act had been incorporated and is currently being used, and comparative amendments to the Act in Guyana and other jurisdictions.
Cases from the Guyana Law Reports, West Indian Law Reports and the law reports of British Guiana were reviewed and a list of those applicable was compiled. It is anticipated that a report on recommendations for the amendments to this legislation will be finalised and submitted to the Attorney General this year.
The report said that in the last quarter of 2022, the LRC completed an interim review of the Landlord and Tenant Act and engaged the Chief Magistrate for possible recommendations for amendments.
To date, the commission is still awaiting feedback, but during the reporting period, a decision was made that an interim report on the LRC’s views would be submitted to the AG this year.
In November 2023, the report said, the LRC began to review Section 14 of the Matrimonial Causes Act together with Section 4 of the Summary Jurisdictions (Magistrates) Act to make these sections non-discriminatory and gender neutral whereby the obligation to pay maintenance would not only apply to husbands, but wives as well. How the issue of spousal maintenance is dealt with in other regional jurisdictions was researched and to date is still being reviewed.
On April 15 of last year, the LRC opened its review of the Data Protection Bill and made its submissions on May 10, 2023, the report said.
On that same date, the LRC began its review of the Criminal Procedure (plea discussion and agreement) Bill and submitted its report on August 18, the report said.
The Criminal Law Procedure (paper committals) Bill was reviewed by the commission from June 28 to August 17, followed by its submission on August 18.
The report said that the draft Civil Procedure (declaration of title) Rules 2023 was opened for review on August 31 and the LRC made its submissions on September 14.
The LRC was without a chairperson for approximately two years following the resignation in 2021 of former Justice of Appeal B S Roy. Two commissioners Dr Brian O’Toole and Roopnarine Satram also resigned in 2021.
In August of 2021, Teni Housty, Deenawati Panday and Clarissa Riehl were sworn in as members of the LRC; their three-year tenures are expected to conclude later this year, the release said.
On January 23 this year, President Irfaan Ali swore in Attorney-at-Law Emily Dodson as the new Chair of the Law Reform Commission.
A release from the Office of the President said that Dodson previously served as a member of the commission under the chairmanship of retired Justice Roy. The release said that Dodson will serve as chair for the next three years.
President Ali also administered the Oath of Office to former Member of Parliament and indigenous rights advocate Lenox Shuman, who will also serve the Law Reform Commission for three years.
The Law Reform Commission is an advisory body to the State and can recommend to the Government of Guyana amendments to existing laws, new legislation, and the repeal of existing legislation.
