Judiciary in Guyana has been violating stipulation for timely decisions
I write to commend the Bar Association of Barbados for calling out Judges who fail to give decisions within the time stipulated by the Barbadian Constitution. This demonstrates that the Barbadian Bar Association is an organisation that is cognizant of its duty to protect the rule of law and the public interest without fear.
In contrast, in Guyana, the Time Limit for Judicial Decisions Act 2009 stipulates that Judges shall give a written or an oral decision and reasons for the decision at the conclusion of the hearing of a case, or as soon as possible after the conclusion of the hearing, but not later than one hundred and twenty days from the date of conclusion of the hearing. However, the Judiciary in Guyana has been violating this law with impunity.
Like Barbados, the Guyana Constitution also provides for the removal of Judges who do not adhere to this mandate. Article 197 (3) of the Constitution states “A Judge may be removed from office … for persistently not writing decisions or for continuously failing to give decisions and reasons therefor within such time as may be specified by Parliament …” As mentioned before, the Time Limit for Judicial Decisions Act 2009 specifies that time limit.
Thousands of litigants have suffered tremendously because of the Judges’ refusal to comply with the law. Hundreds of letters have been written in the newspapers’ letter columns of this country, making this very complaint against Judges but without avail.
Additionally, litigants have requested lawyers to write Judges lodging this complaint. Many of them, in breaching their duty to their clients, have refused to do so, fearing repercussions.
Profoundly disappointing is the Guyana Bar Association’s silence and inaction on this matter. Not once has the Guyana Bar Association taken a principled position on this issue. They ought to be deeply embarrassed; yet, there remains an opportunity for redemption. I call upon the Guyana Bar Association to emulate their counterpart in Barbados.