A delegation from the Guyana Justices of Peace & Commissioners of Oaths to Affidavits Association met with the Attorney General on 14/01/2009 to discuss wide-ranging matters of concern to the Association. The role and functions of JP’s and COA were re-examined according to the Summary Jurisdiction (Magistrates) Act Chapter 3:05 and Section 96: Evidence Act 5:03. The stipulations therein are to be properly understood and honoured in order to justify their appointments as JP’s/COA’s.

JP’s/COA’s should not exceed the limitations stated in the Acts. One of the important functions is, JP’s/COA have to be knowledgeable about their civic duties. There is need for the Association to expand its membership. Members said that the current Amendments to the existing Constitution of the Association catered for the re-establishment of the Chapters in Berbice and Essequibo. Usually, Statutory Meetings are held in Georgetown, but this is to the disadvantage of JP’s/COA’s living in far-off Regions. This decentralization approach is expected to improve the situation.

In addition, if membership is representative enough for the Association and the activities pursued prove beneficial, it could negotiate for subvention from the government to sustain itself. Whatever the Association does, it should aim at improving its credibility.

Marriage Officers are expected to operate in conformity with their legal stipulations also. Not all JP’s are Marriage Officers and even Marriage Officers cannot complete the application process unless a COA authenticates the “Affidavit in support of the application – Petition for a Marriage licence.”

The Association’s view is that with the lack of a monitoring mechanism from the legal authority concerned to censure the work of JP’s/COA’s over a period of time, this would open the floodgates for all forms of skullduggery, e.g. payment of exorbitant fees for services rendered in some cases.

Government should put in place some mechanism on the above so that defaulting JP’s/COA’s could be disciplined. The Association can independently undertake some investigative work in this area and make recommendations to the Attorney General on the findings.

The Association said it is almost at the point of completing the compilation of a list of all practicising JP’s/COA’s in the Ten administrative regions. This will be sent to the Attorney General’s Office for attention.

This report would also help to facilitate the publication of the list of existing JP’s/COA’s in the official Gazette annually (usually in January), something that had not been done.

The Lay Magistrates Bill is engaging the attention of some legal people and is relevant for outlying areas in the interest of justice. Meanwhile, initiatives such as the establishment of Legal Aid Clinics in various parts of the country is providing accessibility to the less fortunate in receiving justice, despite high litigation costs.

As for community-based mediation, JP’s could play a very meaningful and pivotal role in its implementation. The Association has been encouraged to take up this initiative.

The JP’s can certainly participate in witnessing and authenticating statements of offenders at Police Stations, to avoid allegations of “giving statements under duress”. This is the practice in Trinidad and Tobago.

The Association has to strengthen itself to uplift the professionalism of JP’s and COA. The meeting was very cordial and fruitful and has laid the basis for continued interaction in pursuit of its objectives.