TWO years ago when I accepted the invitation to take up the mantle of leadership of the Guyana Justices of the Peace & Commissioners of Oaths to Affidavits Association, I willingly accepted, since I saw it as an opportunity to serve this noble organisation with pride. I made a commitment to myself, as the leader, that the Association must achieve certain goals.

(1) To widen our membership base.

(2) To assist in the formulation of strategies for the medium and long term interest of this organisation for the overall growth and development of the general membership.

(3) To have exemplars in their particular discipline of law, justice and democratic processes to be available on our meeting days where we could share and discuss views on varied topics (excluding politics) pertaining to our Association.

(4) To share and address the problems we the members of the Association encounter in the routine performance of our duties, role and function.

(5) To address our recent concern of security in relation to the spiraling crime and particularly to the perception of the general public when we are called upon to attend Court as a witness to a statement made by suspects in matters under investigation.

Due to the commitment and dedication of some we have been able to grapple, to some extent, with our challenges and the achievement of our stated goals. When there were some difficulties and disappointment there are some areas to be celebrated when we compare our present situation to the start of our stewardship.

Our goal of having a wider membership has not been achieved, but all other areas identified have to some extent been addressed or is being addressed with satisfactory indicators. However, there is the need to move to another level of achievement, which could only be realised when members who accept office are prepared to walk the walk and not just talk the talk.

A cursory glance at our financial statement would show that we did not have one single fund raising project – since the majority of our funding is generally derived from our membership fees and to some extent our monthly donations.

(1) A JP should not to witness documents for a relative, close friend or in a situation where monetary interest is or could be involved.

(2) Make sure that the person who is presenting the document to be signed is the person whose name is mentioned in the document.

(3) You must at all times ask the person whether he/she is the same person whose name is mentioned in the document, and ask if the name on the document is their full name and address or occupation. You must have them confirm it by showing some form of identification.

(4) Check documents carefully to see if there were any changes such as word(S) or letter(s) erased or if there are any blank spaces. If there is a black space you must draw a line through the space, to make certain that person cannot write anything in the space after you have signed the document.

(5) If the document has more than one page, you and the person whose name is mentioned in the document must sign and put the date at the bottom of each page even if it is map or a plan and make certain each page is numbered.

(6) The oath (Affirmation) which he/she took on his/her appointment as a Justice of the Peace is a serious promise (undertaking) to be strictly observed and dutifully followed.

(7) A Justice of the Peace, by his/her dress, conduct and general behaviour in both public and private life will not only command the respect and admiration of his/her colleagues and the public, but will also show the honour and dignity of the office.

(8) A Justice of the Peace shall not engage in nay activity which conflicts with or which is inconsistent or compatible with his/her duties as a Justice of the Peace.

(9) A Justice of the Peace who is charge with a serious offence shall cease to function as a JP until the subject matter of the offence is determined.

Justices of the Peace (JPs) and Commissioners of Oaths to Affidavits (COAs) fulfill a very important role in society. Without them, many of the legal and semi-legal services would not be available to the ‘small’ man or ordinary citizens of the country at a very reasonable charge of fee. It is recognised that they perform a very important function and essential service and offer substantial advice on various matters in a particular community and country on the whole.

These are persons/citizens of good standing and character and above reproach in society. They are also important members of the society to whom all people and persons look up to and respect for their position in the nation.

Essentially, they are appointed by the President to preserve the peace in a village, town, city, county or country. They utilise the important and necessary concepts of justice, fairness, neutrality, impartiality, lawfulness, equity, reasonableness, legality and generally to encourage things and events which are right and according to proper customs and morals of the society in which they operate.

JPs and COAs are expected to improve their knowledge of the law (within the ambit of their authority and functions) and to be closely attached to the community in terms of voluntary work, patriotic endeavours such as serving in the Emergency Preparedness and Rescue Groups, organisations, Benevolent Societies, Religious bodies and fraternity groups.

They are expected, at times, to offer advice on family matters, perform mediation and engage in conflict resolution. They are considered as “Ambassadors of Peace” and generally try to uphold the peaceful and serene nature of life, the environment, ecology on planet Earth and to ensure the sustainability of mankind for generations to come. Special note should be made of the LCDS (Low Carbon Development Strategy) promulgated by the President of our nation to ensure the continuity of life on this planet.

JPs and COAs perform a wide range of services for the benefit of the society. Some are Marriage Officers, Peace Councillors. They prepare and authenticate (sworn to) various affidavits, Deed Polls, Marriage Certificates, Passport forms, Wills, Visa Forms, Power of Attorney, Income & Expense Statement, Valuations of Land & Premises, Machinery & Equipment, Family Guidance and the Peaceful Resolutions of Family Conflicts/Bitterness/Disputes, General Agreements Agreement of Sale, etc.

JPs are on call 24 hours a day for seven days a week and for 365/366 days in the year. They provide a cheaper and effective service. They also do work for the Police Force by signing warrants and other legal instruments pro bono (for free).

What I find lacking, is the home service offered by JPs. Too many of them have fixed offices and times of work and only a few are willing to provide a fulltime service ‘in the fields’ especially to the indigent, sick, disabled and elderly person. Years ago, medical doctors used to make home visits but this is practically non-existent at this time, which is a hindrance and disappointment to this noble profession. I only hope that our JPs do not fall into this category and then by cause some disservice or hardship in the community.

The accolade of JP/Commissioner of Oaths is normally awarded to someone of proper, good, solid, social standing in the community, of exemplary and unblemished character a matured person (even through persons below 45 years have been appointed), to someone well respected and look up to in the society and as a role models for persons to emulate. The person should not strive for monetary reward/gain and should be humble, modest, pleasant, and courteous in all dealings with the public and to be obedient to the state and law of the country.
HERMON BHOLAISINGH