…Judiciary explores creation of new magisterial district

By Svetlana Marshall
THE Supreme Court of Judicature is exploring the possibility of another Magisterial District within Region Four, Chancellor of the Judiciary, Justice Yonette Cummings-Edwards disclosed on Wednesday.

In the presence of President David Granger, Justice Cummings-Edwards, during the commissioning ceremony of the Diamond-Grove Magistrates’ Court, said the Judiciary was in discussion with the Guyana Police Force, the Lands and Surveys Commission and the Director of Public Prosecutions (DPP) on the establishment of another magisterial district.
Based on discussions thus far, the new district will likely span from Eccles on the East Bank of Demerara to Timehri and would include riverrain communities and parts of the Soesdyke-Linden Communities. According to the Chancellor, the district would more than likely be termed the ‘Lower Demerara Magisterial District.’ Boundaries for Magisterial Districts were established in 1951.

Additionally, she said that as the Judiciary moves to extend justice and its accessibility throughout Guyana, two new magistrates’ courts will be commissioned within months. The Bartica Magistrate’s Court, in Region Seven, is likely to be commissioned within another two months, followed by the Mahdia Magistrate’s Court in Region Eight.

President Granger, in applauding the Supreme Court of Judicature, said the decentralization of the magistracy conforms to the Government’s policy of extending public services countrywide. Decentralizing judicial and other services, he said, is critical given the country’s geographical layout, which makes communication and transportation, in some cases, challenging.

He noted that the establishment of the new Upper Demerara Magisterial District in 2017 and the Rupununi Magisterial District in 2018 brought the administration of justice more in line with the current regional system and coincides with the recently-adjusted policing divisions.

“The regionalization of public services – including access to justice – is imperative in light of the relative vastness of our regions, the remoteness of many hinterland communities and the diverse landscapes in which they are located. Every citizen, everywhere, is entitled to the protection of the law. He or she can benefit from this protection only if the services of the country’s legal system are accessible,” the Head of State explained.

Guyana has a total of 54 functional magistrate courts – including the Bail Court, Drug Treatment and Rehabilitation Court, Juvenile Court and the Sexual Offences Court. In commending the Chancellor and the Chief Justice for continuing the programme of establishing magisterial courts throughout the country, President Granger pointed out that magistrates’ courts are now found in every region: Barima-Waini, at Acquero, Mabaruma and Matthew’s Ridge; Pomeroon-Supenaam, at Anna Regina, Charity and Suddie; Essequibo Islands-West Demerara, at Leguan, Leonora, Vreed-en-Hoop, Wakenaam and Wales; Demerara-Mahaica, at Cove and John, Georgetown, Mahaica, Providence, Sparendaam, Vigilance and, now, Diamond-Grove; Mahaica-Berbice, at Blairmont, Fort Wellington, Mahaicony and Weldaad; East Berbice-Corentyne, at Albion, Mibicuri, New Amsterdam, No. 51 Village, Reliance, Sisters, Springlands and Whim; Cuyuni-Mazaruni, at Bartica and Kamarang; Potaro-Siparuni, at Mahdia; Rupununi, at Aishalton, Annai, Karasabai and Lethem; and Upper Demerara-Berbice, at Kwakwani and Linden.

“The entire country will be covered in due course by a network of Magistrates’ Courts to dispense justice and respond to the needs of all Guyanese, everywhere. Magistrates’ Courts are spread across all ten administrative Regions, albeit unevenly. This emergent system reflects, more closely, the policy of regionalisation of administration adopted by the Public Service and, most recently, the Police Force,” President Granger said.

These courts are presided over by a small corps of only 23 magistrates. Cognizant of the need for more magistrates, the Head of State said the Executive supports the appointment of a sufficient number of magistrates to adequately man the timely dispensation of justice.
That aside, the Head of State iterated the Executive branch’s respect for the independence of the Judiciary. “It has never sought to interfere with, or to direct, the administrative policies of the judicial branch of the State. It has supported the efforts of the judiciary in improving the country’s legal system,” he said.

He outlined that the Executive branch provided for the financial autonomy of the Judiciary by approving the Fiscal Management and Accountability (Amendment) Act of 2015; and appointed judges to both the High Court and the Court of Appeal, in accordance with the provisions of the Constitution and an acting Chancellor and acting Chief Justice after consultation with the Leader of the Opposition.

He noted too that the Executive also restored the independent offices of the Ombudsman – which provides administrative justice to citizens – and the Public Service Appellate Tribunal which protects the rights of public servants. It also supported the establishment of new buildings for the Land and Commercial Registries, a new wing for the High Court, the opening of a Juvenile Court, the activation of the Family court and the creation of the Upper Demerara Magisterial District and Rupununi Magisterial District.

“The Executive Branch supports the independence of the legal profession by promoting greater respect for its members through the restoration of the time-honoured convention of regular and meritorious appointments of Senior Counsel,” he iterated.

As Guyana embarks on a Decade of Development, President Granger said the Executive Branch will continue to lend its support to initiatives by the judiciary. It is confident that by the end of the ‘Decade’ in 2029, access to justice would have been improved considerably and magistrates and judges will be working in a much-improved judicial system.