…urges fierceness in the protection of judicial independence

THE time is ripe for the judiciary to adopt a broader role in the Guyanese society in order for the public to understand its work and he urged judicial officers to be fierce and bold as those who are weak are less likely to be effective.This was the assertion made by Chancellor of the Judiciary Carl Singh when he addressed delegates from several jurisdictions across the Commonwealth and Guyana at the opening ceremony of the Commonwealth Magistrates’ and Judges’ Association conference, which commenced on Monday morning at the Marriot Hotel in Kingston.

“Many people see the courts as a place of punishment, scarcely do they see it as a place where their rights are asserted and established,” Justice Singh said, noting that people are mystified by the judiciary’s legalese, robes and wigs.

The Chief Justice noted that the judiciary must be able to convey to the wider society that access to justice does not necessarily mean access to the courts, adding that while the courts may satisfactorily resolve many disputes, there is a great number of disputes that can be equally resolved by other methods. “This approach may ensure people better understand our role as guarantors of the rule of law and not of their human rights,” he added.

The conference is being held under the theme “The judiciary as guarantors of the rule of law.”

Visiting President of Trinidad and Tobago, Anthony Carmona attended the opening session, as well as several top government officials including Prime Minister, Moses Nagamootoo who is performing the functions of President, Minister of Public Security, Khemraj Ramjattan, Minister of Legal Affairs and Attorney General Basil Williams, as well as Minister of State, Joseph Harmon.

While addressing the audience which included judges, magistrates and other judicial officials, Justice Singh noted that the theme for this year’s conference, which is being held in Guyana for the first time, gives rise to the consideration of several important issues. The rule of law is defined as the legal principle that the law should be able to govern the nation and the Chief Justice Singh explained that in order to ensure a guarantee as regards the rule of law; the judiciary must possess certain characters and attributes. “That is judicial independence,” he said as he listed activist judges who are “bold outspoken and fierce.” He said that judges who are weak are less likely to be effective guarantors.

The Chief Justice noted that the independence of the judiciary is buttressed by the provisions of the constitution and according to him, the readiness of judges to assert and protect that the judiciary’s independence is important. The Chief Justice commended the government of Guyana for “publicly delivering complete independence of the judiciary by way of legislative enactment which give the local judiciary complete control over its financial affairs. He spoke of tension which exists between the executive and the judicial branches of law and he noted that they are many and varied.

He gave examples as he mentioned an instance a few years ago when a retired Chief Justice publicly chided a government minister for inappropriate remarks that the minister made. He said the former judicial official reminded the minister of a healthy tension between the executive and the judiciary as being good for democracy.

Speaking at opening session, CJMA President , Chief Judge John Lowndes told the gathering that there is no doubt that the participants have seen the programnme agenda which addresses a number of issues. He spoke of the rule of law and its relation to an independent judiciary, noting that the effective operation of the rule of law hinges on the latter.

Over the duration of the event, presentations will focus on a number of issues including upholding the rule of law in the courtroom, balancing anti-terrorism legislation with the people’s human rights, environmental law and sustainable development, as well as cybercrime.

President Carmona is expected to make a keynote speech on Tuesday at the commencement of that day’s session. The conference concludes on Thursday.