—PM Phillips urges new magistrates

By Feona Morrison

PRIME Minister, Brigadier (Ret’d) Mark Phillips, who reiterated the government’s commitment to investing in the efficient functioning of the justice system, administered the oath of office to nine magistrates at his office on Camp Street in Georgetown, on Tuesday. In his statement, Phillips highlighted the requirement for individuals in this exceedingly important office to possess the highest level of impartiality.

“I wish to take this opportunity to advise you that this new office is a very important office. I wish to advise that you must affirm the highest priority to this portfolio that requires objectivity, and neutrality. This is a portfolio that prohibits you from being influenced by any other consideration, other than the evidence and the law before you,” he encouraged.

The newest members of magistracy are Attorneys-at-Law Abigail Gibbs, Michelle Matthias, Teriq Mohammed, Shivani Lalaram, Tamieka Clarke, Orinthia Schmidt, Ravindra Mohabir, Omadatt Chandan, and Tuanna Hardy. The Judicial Service Commission (JSC) recently appointed them following a rigorous hiring process. The JSC is a constitutional body that deals with issues pertaining to judicial officers’ appointments, disciplinary actions, removals, and promotions.

In his address to a distinguished audience comprising high-ranking Judges, magistrates, and government officials, Phillips emphasised the principle of impartiality in the judicial system. He reminded the newly appointed magistrates that the concept of Lady Justice being blind signifies the importance of adjudicators being unaware of the identity of the individuals before them. Furthermore, he reiterated the notion that every person, without exception, is entitled to equal treatment under the law.

As a prominent political figure, Phillips acknowledged his extensive nationwide travel where he has encountered citizens expressing their grievances regarding the sluggishness of the legal system. While stressing the importance of timely and efficient delivery of justice, he reminded of the adage, “justice delayed is justice denied.”

In this regard, PM Phillips said: “I sincerely hope that this addition of nine newly minted temporary magistrates with the complement of our magistracy will bring greater speed to the conclusion of the cases before the legal system.” According to him, the PPP government is dedicated to fostering, defending, and upholding judicial independence by allocating the resources required to guarantee increased effectiveness in the legal system.

“For example, as I speak, there are no less than eight magistrate’s courts that are under construction or renovation somewhere in Guyana. Most of these courts are in locations that never had courts before. The new magistrate’s courts will be constructed as edifices that can accommodate more than one courts as the same time as well as accommodation for the magistrates,” said Philips, as he illustrated government’s commitment to the justice system.

He expressed the specific importance of ensuring suitable accommodations for magistrates, particularly in remote locations. Additionally, he alluded to the recently implemented electronic filing system of the magistracy.

In closing, Prime Minister Phillips said: “With these commitments and through budgetary allocations for improvements in the whole infrastructure of the judicial system, I implore you, our new magistrates, to: go out there, be fair, be effective and be efficient. Congratulations!”

A summary of the new magistrates’ background was provided by Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards, who noted that they have extensive knowledge in both criminal and civil law from their time spent practising in different national courts.

“They bring a combined total of 52 years of experience. They have indicated that they are ready and willing to serve the people of Guyana,” the head of the judiciary added.

As the Chairperson of the JSC, the Chancellor noted that Guyana has a very robust legal system that is wide-ranging and reaches every ward, village, and community across the entire country.

For this reason, she implored the newly-appointed magistrates to uphold the rule of law and serve the people in Guyana’s 83,000 square miles in the interest of justice.
She also revealed that there will be more appointments to the justice system.

The new magistrates were welcomed by Attorney General, Anil Nandlall, SC, who said in Facebook post, “Hopefully this addition to the existing complement of magistrates will bring greater efficiency and dispatch in the disposal of cases in the magistracy.”

To qualify for appointment as a magistrate, applicants had to be an Attorney-at-Law admitted to practise law in Guyana or any Commonwealth country with at least five years’ experience or be a magistrate from any other Commonwealth jurisdiction serving in that capacity for at least three years and qualified to practise in Guyana.

A magistrate is appointed and serves in that capacity until the age of 55 and is entitled to a basic salary of $880,885 per month plus allowances.

Benefits include $15,000 for utilities, $20,000 for special needs, $2,500 per day for subsistence while working outside the district, a duty-free concession that is renewed after three or five years (based on the purchase of a new or reconditioned vehicle), vacation allowance of one month tax-free basic salary and round-the-clock security.

Those appointed will be required to serve a probationary period of at least six months. On satisfactory completion of the period of probation, the appointees would be confirmed. Magistrates appointed will serve in the 10 administrative regions, try persons charged with committing summary offences, hear and determine indictable charges heard summarily, conduct preliminary inquiries or paper committals into indictable charges, hear and determine applications made under the Domestic Violence Act, Mental Health Act and other legislation, hear applications for Liquor Licences, and hear applications for Money Lender’s Licences.

Magistrates are also required to serve as coroners and conduct inquests into unnatural deaths, prepare Memoranda of Reasons for decisions in a timely manner, prepare returns and reports as required, attend conferences, workshops, and training, be accountable to the Chancellor of the Judiciary, Chief Justice, Chief Magistrate, and the JSC, and perform any other related duties to support the efficient functioning of the magistracy.

While participating in the 2024 budget debate, Attorney General, Anil Nandlall, SC, had informed the National Assembly that 10 magistrates would be appointed this year, bringing the total number to 29. He had said that a new post of deputy chief magistrate has been created.

It is anticipated that a deputy chief magistrate would be appointed shortly following the swearing-in of the nine new magistrates. The judiciary and magistracy had been requesting the appointment of more judicial officers, citing the rise in workload due to staff shortages.