There is power in knowing your legal rights

This week we commence a weekly column focusing on all aspects of law, broken down in layman’s terms.

I have read numerous pieces of written work in which the author begins by stating something along the lines of: ‘I thought for hours on how to begin this piece.’ This statement is probably clichéd by now, but anyone who spends a meaningful amount of time writing knows how hard it can be to just begin. This block was compounded by the milestone this column signifies: I first dreamed of having my own column in 2012, and I first decided to enhance legal literacy in Guyana 2015. This desire to educate concretised within me, so that when I was admitted to the Guyana Bar as an attorney-at-law in 2019, I told the judge who heard my petition that I wanted to educate Guyanese about Guyana’s laws. But what possessed me to want to improve legal literacy in Guyana?

After graduating with a BSc in International Relations in 2010, in 2011 I started tutoring students at the University of Guyana in the theory and practice of politics, and political structures and institutions. During my classes I was surprised to find that many students, even those with numerous subjects from top schools, did not know that Guyana has a written constitution, or that there were three branches of government. Later, I became employed as a reporter at this very paper from September 2012-September 2014, covering various political events, including sittings of Parliament and its committees, and press conferences hosted by presidents, political parties, private entities, and state institutions.

I thoroughly enjoyed doing this work, as it allowed me to critically analyse facts, and provide readers with balanced news articles. My BSc in International Relations allowed me to navigate the topics I covered effectively, but I quickly realised that there are laws which govern virtually every aspect of society, and I was only learning about them as I went along. Laws govern the National Assembly and its actions; laws create and limit the powers of state leaders, even the President; and laws establish and curtail the powers of the police. In becoming acutely aware of this, I also became aware of how ignorant I was of the legal infrastructure which regulated the areas I covered as a reporter. To address this weakness, I made the hard decision to leave Stabroek News in 2014 to pursue the LLB at the Department of Law, University of Guyana. In my first year I was privileged to study under the likes of Professor Rudolph James, and Professor Justice (retd) Duke E E Pollard. Both these legal giants, in their Constitutional Law Commonwealth Caribbean Law and Legal Systems taught me important legal principles, such as the rule of law, and the doctrine of separation of powers. It was in those classes that I realised that state entities and officers did not have as much power as I had assumed, and that, in fact, perceived overreach could be challenged in court if one had the resources to do so. I also remember thinking that more Guyanese should know about these principles.

In criminal law, I learned that a jury may only convict or acquit on facts prosecutors are able to prove in court. I also learned why a person suspected of murder may be charged or convicted for manslaughter, and I learned that once upon a time, a husband who raped his wife was immune from criminal prosecution because a husband could not, legally speaking, rape his wife. Each course I took taught me more. In tort, I learned how repeating gossip may constitute defamation. In administrative law, I learned that all persons before a judicial or administrative tribunal have a right to be heard before an impartial tribunal, but perhaps the most important lesson I learned from that class was that there is no such thing as an unfettered discretion, meaning that regardless of what powers are conferred upon a public officer, and regardless of how permissive the language of commitment, all power is subject to written or unwritten restrictions, such as reasonableness.

In real property I learned that if a person occupies your land without proper permission, openly and in accordance with other stipulations, they can take that land from you by applying for title for the land under Guyana’s laws on adverse possession. I also learned that all tenants should get a tenancy agreement, why they should get such an agreement, and that one can insist that a landlord’s obligations to repair the premises and keep it in good living condition be clearly expressed in the tenancy agreement. In contract law I learned that a contract, or a part of a contract, between parties who are unequal in power and influence may be voided for unfairness, and why, when lending money, regardless of the sum, and even if the loan is being made to a relative, one should always get the commitment to repay in writing, under the signature of the recipient.

In the law of succession, I learned what constitutes a will, why it is important to have a will, and how often wills are found to be invalid for simple reasons. I have also come to learn that many people in Guyana, some who own vast amounts of assets, do not have a will. Many people my age (35), and those a little younger or a little older think they are too young to have wills, presumably because death is not yet upon them. In fact, just a few years ago, a prominent young businesswoman died suddenly with no will to determine how her estate, including her business, should be managed after her death. I have also come to learn that some older Guyanese do not like to talk about wills because it makes the inevitability of death seem closer than they would like it to be. Of course, there are some who think that any mention of the need for a will must mean that the person broaching the topic must be after one’s assets.

Before becoming a student of law, I often wondered why some people brought before the Magistrates’ Courts were required to give a plea while others were not. I later learned that all criminal prosecutions start in the Magistrates’ Courts, and that while those charged with summary (less serious) offences are tried in the Magistrates’ Courts and must therefore give their plea there, those charged with indictable (more serious) offences are not tried in the Magistrates’ Courts. Instead, a preliminary inquiry is conducted, during which the Magistrate determines whether there is sufficient evidence for the accused to stand trial in the High Court. In other words, what happens in the Magistrates’ Court is a trial of the evidence. If the accused is sent for trial in the High Court he/she will give his/her plea there.

I also learned the range of fundamental rights all Guyanese enjoy under the Constitution of Guyana, and that many of us are oblivious of these rights. Many Guyanese do not know that they must be told of their rights against self-incrimination, and to speak with an attorney before being questioned by a police officer in relation to an alleged offence. Of course, if we do not know that we have certain fundamental rights, we will be none the wiser when these rights are violated and will not take steps to vindicate our rights.

Legislation aside, I believe that Guyanese need to better understand the reasons which inform, and implications of, the decisions of our High Court, Court of Appeal, the Caribbean Court of Justice, and other courts which deliver decisions relevant to Guyana. Quite importantly, Guyana has approached the International Court of Justice (ICJ), the judicial organ of the United Nations, asking it to declare, once and for all, that the portion of Guyana’s territory being claimed by the Bolivarian Republic of Venezuela, belongs, indisputably, to Guyana.

The more law I learned, the more I realised how little I knew, and how little the rest of society knows. In the biblical book of Hosea, the author says “my people are destroyed for lack of knowledge”, and it is my sincere belief that many Guyanese, though not destroyed, suffer unnecessarily because they are ignorant of the basic laws which govern important everyday aspects of their lives. I am of the view that Guyana is better off with a population which is more legally literate. Not only is a legally literate population better able to engage with and interact with its state, but they are in a better position to improve their quality of life in various ways. There is power in telling your landlord that he is entitled to effect certain repairs to rented apartments. There is power in realising the importance of a will and then seeking out an attorney-at-law to get one properly drafted. There is power in knowing that no police officer who suspects you of a crime can force you to provide an oral or written statement, or to say anything at all during an investigation. There is power in knowing that reposting certain things on social media platforms, or repeating rumours orally can result in one being sued for defamation. There is power in knowing that sexual intercourse with an intoxicated person may be considered rape if the person was too intoxicated to be able to really consent.

Much of the information mentioned above is generally accessible to Guyanese. However, unless you know where to look, it would be quite difficult. Additionally, statute and case law can be challenging for attorneys-atlaw and even judges to understand, yet alone those uninitiated in the study of law. This column will serve as another tool to bridge the gap. Weekly, these pages will seek to bring the law to the Guyanese public in a language which they can understand. To be clear, I am not assuming a lack of intellect on anyone’s part. Indeed, even attorneys-at-law, on occasion, need to check and recheck the English translation of the plethora of Latin terms still used in legal writing. I will be focusing on areas of law which I think are generally important, but I will also be receptive to suggestions from the public.

It is my sincere hope that we all work together to enhance legal literacy among Guyanese as we seek to create a better Guyana.