The judicial system and subverting the notions of justice and fairness

Dear Editor,

Officers of the court - lawyers and others who work in the judicial system - like to repeat the mantra “there are consequences.” The astonishing irony is that, at least in Guyana’s case, the judicial system seems to shield its officers from any consequences even when their actions or failures to act (also actions!) are associated with interminable delays and endless postponements, conflicts of interest, possible derailment of proceedings and even the admission of clearly forged documents into evidence. When any or all of these actions result in costly appeals, court officers are even rewarded for their decisions, as the public continue to seek justice from a system that provides ample opportunities for the miscarriage of justice in Guyana. Fortunately, thankfully, there are many other examples of the judicial system working properly, and of court officers acting with courage and commitment to serving the public.

The story I have to tell has to do with the Guyana Presbyterian Church, but I am myself awaiting the conclusion of a case I brought against the Guyana Forestry Commission as far back as 1999. The Judge simply had to make a decision as the trial had concluded, but he didn’t, then he retired. Since then, I have heard nothing about this case. In the case of the Guyana Presbyterian Church (GPC), which has a fairly sophisticated governance structure or ‘church polity’ that is explicitly stated in its Constitution, a small but vocal and belligerent group went outside of every conceivable provision of the

I caught a largemouth bass in one of the big lakes in Florida a few days ago and I could not hesitate to laugh. For those in Guyana not familiar with a large mouth bass, think of it as a giant tilapia with an excessively big mouth, capable of swallowing anything about four inches or more, taste good fried dry! It is not as colourful as our Peacock Bass (Lukanani). I pulled the hook out of its mouth and remembered, “The two most powerful warriors are patience and time” - Leo Tolstoy. Having penned a few articles on Guyana’s economic morass over the past 5 years, I am tempted to address what I saw coming several years ago, putting aside what many perceive and believe as corruption, discrimination (apartheid) and a fundamental focus on family, friends, and favourites. I am more a pragmatist, favouring what is best for Guyana, whether PPP/c or an alternative. Let us focus on the fundamental,

GPC Constitution to attempt to create a parallel but bogus National Synod. The implications of this attempt to create a parallel Synod were far-reaching and included an improper election of a (bogus) Board of Trustees alongside the duly elected Board, in which all of the extensive property and assets of the GPC were vested.

To its credit, the banking system recognised that something strange was afoot, but that led to the freezing of all the accounts of the Guyana Presbyterian Church. On the other hand, the judicial system, which alone can provide a Court Order that will cause the banks to unfreeze the accounts, seems not to appreciate how calamitous this situation is for the GPC. Three years after the matter was taken to court, all that the court allowed to happen was for the defense lawyer (representing the group that attempted to form a parallel Synod) to cross-examine two of the plaintiffs, who themselves were never examined. The third plaintiff was to be cross examined on the very day that the Judge announced that she was retiring and that the case would have to be re-assigned. Regarding physical property, the property rights of the GPC are now wholly insecure, and all of the property are up for grabs, literally. We have seen this happen, and can do nothing about it.

In another matter related to the GPC, a valuable piece of property in Blygezight Gardens, for which the church had transport, the judicial system facilitated the conveyancing of a second transport to another party on the basis of a clearly fraudulent Supreme Court order purportedly issued by the late Justice Jainarine Singh. According to a report “Realtor Arrested for Alleged Property Fraud (Guyana Chronicle, March 2021), this affecting the lives of everyday Guyanese, this statement reinforces my belief, “Open, transparent conversations can restore mutual trust between individuals and nations who, out of fear for their own future, prioritize their own interests.” Founder and Executive Chairman of the World Economic Forum, Klaus Schwab.

I had a few conversations with “Joel B.”, a budding economist in Guyana, give him credit, he has access to data and is an incredibly detailed individual, I was once his age. However, numbers sometimes do not equate to reality, hence many of us would have won the lottery by now and be rich. Canvassing the recent IMF and World Bank reports, the IMF focuses on macroeconomics and financial stability (we like their report), while the World Bank concentrates on long-term economic development and poverty reduction. Why do we despise and argue with the World Bank report? Simple, it illustrates many Guyanese will be left behind in poverty, I am afraid what matter of a Supreme Court order purportedly issued by the Justice Jainarine Singh has come up elsewhere; and the Attorney General and Minister of Legal Affairs, Anil Nandlall, “is aware of the matter and will be implementing measures to protect property owners from fraud.” Yet, in the case of the GPC, the judicial system allowed a series of ex-parte hearings which eventually led to the issuing of a second transport.

I do not believe that the GPC is the only entity to have suffered from weaknesses in our judicial system. Broadly speaking, there are two reasons why such weaknesses occur: the inadequacy of the body of legislation (and regulations), and inadequacy (in both quantity and quality) of the officers who operate in the judicial system. A third, but much more difficult-to-pin-down factor, is the inability of the judicial system to monitor itself, to hold its officers accountable, and to minimise the extent to which the system and the processes that are allowable under that system can be manipulated to yield judicial outcomes that on the surface satisfy standards of legality while completely subverting every possible notion of justice and fairness. We urgently need to invest in our judicial system and to provide it with adequate resources. Investing our oil revenues in fixing our judicial system will not yield short-term, highly visible benefits. But if we do not invest in our judicial system, we will fail in our efforts to achieve social and economic transformation. Sincerely,

Thomas B. Singh

Director

University of Guyana GREEN Institute

& Senior Lecturer

Department of Economics

University of Guyana 2029 looks like in Guyana. A famous economist wrote “Middle-class societies don’t emerge automatically as an economy matures, they have to be created through political action.” - Paul Krugman. Guyana (one of the fastest growing economies in the world – not the richest) is ranked 44 amongst countries, on the World Bank Index of Purchasing Power Parity (PPP). I will explain, but please this is not the local party called (PPP/c). Purchasing Power Parity relates to the income derived by our country (people) in terms of GDP (gross domestic product), against the comparable purchasing ability of other countries (for a specific & similar basket of goods and services).

Keeping it simple, think of it as the value of the money in your pocket, not the quantity. It is why our teachers, nurses, doctors, and others will jump at an opportunity for a work visa to other countries (like USA, Canada, England), these countries have a greater Purchasing Power Parity with their currency than Guyanese. It is also why we strike; we feel poor! “The Government’s solution to a problem is usually as bad as the problem” - M. Friedman. Our local politicians will tell you they are trying to prevent the Dutch Disease, hogwash. Paying higher wages is even worse, since it’s inflationary overtime and is unsustainable in the long-term as oil/gas resources are used-up, other than a sustained NRF to buffer against international price volatility. Though the World Bank considers taxes, a hidden denomination in Guyana are the duties (tariff) we pay and the emolument of many Government officials. This has created a class structure of disparity for many and the working poor in Guyana (the average person). “Poverty is the parent of revolution and crime.” — Aristotle. Are we still putting grates and bottles on our glass windows and painting some of them?

Guyana does not have a true floating exchange rate contrary to popular local belief, we have a stabilized exchange rate managed by the Bank of Guyana, which in most cases, result in products from many countries costing more to Guyanese to dissuade importation (we can argue but it’s the reality). The average person feels this forcing him to buy local, the fallacy of the Dutch Disease is overblown locally, where proper government policies can sustain and prevent the growth of poverty and foreign dependency. Substantial increases in salaries or handouts will not solve the problem. Guyana’s PPP (Purchasing Power Parity) as of 2023 is estimated to be about ($85) difference between the international dollar, whereas our currency is pegged around 1US$ = $208. It means on average, we pay more Guyanese dollars to purchase goods tied to the US$, a bit less for Canadian goods, and more for British goods. This equates to a lower standard of living (cost to us compared to other nations). Now we have the big picture as to why our nurses, teachers, doctors, and others leave. From 1968 to 1980 it hovered between 2 and 4. Our adjustment up to its current level is