The aims of the JP Association are:
1. To respect, honour, uphold and preserve the constitution of the Republic of Guyana.
2. To promote good will and share knowledge and experiences among Justices of the Peace.
3. To bring together members of the Association for educational purposes from time to time.
The oath of office places a great responsibility on Justices of the Peace. It is an honour to be appointed a Justice of the Peace.
Unlike JPs in Belize, New South Wales, England, Canada, Scotland and Australia who have dual responsibilities – Ministerial and Judicial – JPs in Guyana exercise strictly ministerial duties.
Ministerial duties involve the witnessing of signatures, certifying documents, taking declarations, signing affidavits or affirmations and issuing search warrants and summonses to witnesses.
Judicial duties embody deciding issues relating to remands and bails, hearing undefended cases in court, presiding over defended trials and conducting preliminary hearings of indictable offences.
Judicial duties require Justices of Peace to be involved in ongoing education and training appertaining to their duties.
Justices of the Peace are not necessarily Commissioners of Oaths to Affidavits (COAs). The two offices are separate and independent.
Commissioners of Oaths do not deal with matters appertaining to the court process. In Guyana JPs and those who are JPs and Commissioners of Oaths to Affidavits have been certifying documents exclusively. No system was put in place to encourage their participation in the judicial functions.
It is an accepted view that many JPs in Guyana have not been provided with any formal training to equip them to carry out those functions. This continues to be the position.
JPs were known to be appointed on the basis of their social standing in their communities or they were known as trusted, honest citizens who could be depended upon to carry out their civic responsibilities. Over the years, appointments of Justices of the Peace seemed to have lacked rigour and diligence that should have been associated with such appointments. As a consequence, many negative aspersions have been cast on the holders of that honourable office.
The print media has highlighted the views of letter writers and anonymous callers about unbecoming behaviours and excesses perpetrated by some JPs. Members of the public even make adverse comments on some JPs literacy and competence.
The Justices of the Peace Association, therefore, is strongly advocating the reforming of the procedure or methodology used for the appointment of Justices of the Peace. This organisation recognises that there is scope for improvement in both the understanding and performance of duties of the positions of JPs and COAs. It is of the view that members of the public who are to be appointed JPs should first be trained prior to their appointments being recommended by the Attorney General’s Chambers and confirmed by the Office of the President.
The Association is also positing that its current membership be exposed to the requisite training which will equip them to perform in any of the abovementioned capacities.
The Association believes that there is need for a review of the legislation appointing citizens who apply to become JPs or who are JPs and COAs. This review should take into consideration the advancement made by other countries such as the United Kingdom, Canada and Belize where JPs are offered an opportunity to function as mediators or Lay Magistrates it the process of Alternative Dispute Resolution.
Currently the Association has no offices, office equipment nor means of transportation of its own. It depends on the largesse of some of its membership to get its work done. It believes that having such facilities is not only a prerequisite for its advancement and development, but will enhance its image and status in the eyes of the public. It is currently engaged in fund raising activities to help bolster its treasury but will appreciate and welcome any assistance that will hasten the realisation of the abovementioned needs.
Guyana Justices of the Peace are governed by the Summary Jurisdiction (Magistrate) Act Chapter 3:05 (see Appendix B). Guyana has varying categories of JPs. There are those who can carry out their duties anywhere within the country whilst there are others whose jurisdiction is restricted to the region in which they live.
As it stands, the process of appointments though delineated in the law needs to be properly structured at the operational level to ensure that there is always a current list or register of JPs which must be made public in accordance with the law.
Additionally, there is neither an institution nor monitoring mechanism in place to apply sanctions to JPs who seek to abuse the spirit and tenor of their office. Essentially there is no means available to check on the outward migration of JPs from the regions in which they were appointed to serve. There is need for such a monitoring mechanism.
Prior to the establishment of this Association, there was very little communication among JPs. The geographical spread of the regions and the underdeveloped nature of the road, water, air and telecommunications infrastructure hindered the facility with which such communication might have been possible. The Association is of the view that it should have access to the Government’s radio network to communicate with JPs across the regions.
The Justices of the Peace Association operates with a national focus. It has a chapter in Essequibo and proposes to resuscitate the Berbice chapter and form chapters elsewhere. These chapters will deal with all Justices of the Peace and Commissioners of Oaths to Affidavits.
The Association acts on behalf of all Justices of the Peace who are members of the Association. It is fostering a position to assist both members and non-members in the areas of training and education to improve the quality of service given by JPs to their communities.
The Association has no staff in any of the chapters. Members pay a small annual subscription and are entitled to purchase and ID card and relevant handbooks that are necessary for their study.
The executive is responsible for planning and organising the seminars and monthly statutory meetings that are held every second Saturday of each month.
At present there is not much communication between the Association and JPs residing in other regions especially Regions, One, Two, Seven, Eight and Nine. The involvement of JPs in these regions with the work of the Association will enable them to better serve their communities. There needs to be a greater outreach and regular communication between the Association and those JPs and COA in the outer regions of Guyana.