Ministry of Legal Affairs

Gov’t to remove jail time for criminal defamation - The Chronicle Newspaper - 10th October, 2018

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Published: 11 October 2018

Attorney General Basil Williams and officials of his ministry pose with Consultant Mr. Peter Pursglove S.C, (second from left), who is contracted under the Support of Criminal Justice System Programme (SCJS) to review the existing legislation and propose recommendations for amendments to the Act.

THE government is moving to remove custodial sentences for non-violent minor offences including attempt to commit suicide and criminal defamation by amending the Summary Jurisdiction (Offences) Act, Cap. 8.02.

The Legal Affairs Ministry made the announcement on Monday, hours after the Attorney General and Legal Affairs Minister, Basil Williams and his team met with Peter Pursglove S.C, a consultant contracted under the Support for the Criminal Justice System Programme (SCJS).

Pursglove will be reviewing the existing legislation, and propose recommendations of amendments for the Summary Jurisdiction (Offences) Act, Cap. 8.02. “It is envisaged that these proposed amendments will include the decriminalisation of some current offences and the recommendation of alternatives to imprisonment in respect of certain summary offences, particularly those of a minor and non-violent nature. These objectives will be achieved through both amendments to existing legislation and the drafting of entirely new legislation,” the Legal Affairs Ministry explained.

During the meeting, it was agreed that the criminal law of Guyana contains several categories of offences that, in other jurisdictions, have now been decriminalised. In Guyana, these offences carry a sentence of imprisonment if found guilty. In citing examples, the Legal Affairs Ministry pointed to offences concerning roguery and vagabondage, vagrancy, obeah and witchcraft, incorrigible roguery, attempt to commit suicide and criminal defamation that are now decriminalised, in whole or in part, in many jurisdictions thus reducing rates of imprisonment.

“In such cases, decriminalising the behaviour and dealing with it outside the criminal law has not resulted in any negative impact on public safety. Other offences may no longer warrant the imposition of a sentence of imprisonment and may now be dealt with by way of fine or other non-custodial sanctions,” the ministry said.

The Attorney General, in a brief comment, said a prison sentence is usually an inappropriate sanction, especially for non-violent minor offences. In other jurisdictions, various alternatives have been implemented such as bail, seizure of travel documents, periodic reporting to police or other authorities, electronic monitoring or curfews, and conditional and suspended sentences. These activities are intended the impact the criminal justice system by increasing the use of alternative sentencing in the system.

Criminal defamation
Media organisations have been lobbying Guyana and other jurisdictions to abolish criminal defamation for some time now. The International Press Institute has said that criminal libel law was born in an Elizabethan England courtroom as a means for silencing critique of the privileged class. The body said a law of such antiquated ethos, has little place in modern society where the press plays a pivotal role in shaping public discourse. The IPI had been actively campaigning for the governments of the Caribbean to redress their current criminal libel laws. At present, the law is vague and open to indiscriminate and inconsistent implementation, largely wielded to quell dissent and stifle government criticism, IPI had said.
While infrequently used in the Caribbean, criminal libel statutes remain, an unnecessary resource at the disposal of any offended official, IPI said, adding that the mere threat of prosecution chills investigation and free speech, sustains corruption, unnecessarily protects public officials, and denies one of the most basic of human rights, freedom of expression. “Criminal libel is one of the most pernicious media constraints in contemporary society. Implemented at the will of any insulted public official, it frequently leaves no recourse for the defendant. In most countries, truth is not a valid defence, leaving defence a vexing proposition.”

Attempt to commit suicide
In Guyana, the PAN AMERICAN Health Organisation/World Health Organisation (PAHO/WHO) has long called for the decriminalisation of attempt to commit suicide. PAHO/WHO representatives here have underscored the need for legislative changes to be made to the Criminal Law Offences Act Cap.8:01, the Summary Jurisdiction Offences Act Cap. 8:02 and the Pesticides and Toxic Chemicals Control Act Cap, 68:09. Reference was also made to the Customs Act, the Food and Drugs Act and the Mental Hospital Ordinance Cap. 140.

Section 95 of the Criminal Law Offences Act Cap. 8:01, the PAHO/WHO representatives believe, would only fuel more suicides. According to that section, “everyone who aids or abets any person in the commission of suicide shall be guilty of felony and liable to imprisonment for life”.

Under Section 96 of the Act, anyone who attempts to commit suicide shall be guilty of a misdemeanour and liable to imprisonment for two years.

Press Statement 3rd September 2018

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Published: 04 September 2018

PRESS STATEMENT

                                                                                      September 03, 2018

THE COUNCIL OF LEGAL EDUCATION AND EXECUTIVE COUNCIL MEETINGS

Guyana is set to host the Executive Council (EXCO) and Council of Legal Education (CLE) meetings from September 06 - 08, 2018 at the Guyana Marriott Hotel. Guyana had hosted the CLE in the years 1975, 1981, 1987 and 1994. The CLE has now once again, come home to Guyana at an important time in our country’s economic and social development.

Guyana has played a pivotal role in the formation of the CLE in 1971 and is party to the Agreement Establishing the CLE together with CARICOM Member States Barbados, Dominica, Grenada, Jamaica, Trinidad and Tobago, University of the West Indies and the University of Guyana.

The Attorney General and Minister of Legal Affairs (AG), Mr. Basil Williams, SC., MP, during the meeting of CLE last year in Trinidad and Tobago suggested that Guyana host the EXCO and CLE meetings. These meetings will see the attendance of the Heads of the Judiciaries, Attorneys-General, and Heads of Bar Associations of Caricom Countries. The Principals of the Hugh Wooding, Norman Manley, and Eugene Dupuch Law Schools will also be in attandance. The meetings will be chaired by Mr. Reginald Armour SC, The Chairman of the CLE.

Preparations are well underway for both meetings. Guyana’s team will comprise of the Chancellor of the Judiciary (ag.), Madame Justice Yonette Cummings-Edwards, Attorney General and Minister of Legal Affairs (AG), Mr. Basil Williams, SC., MP, Head of the Bar Association Mr. Kamal Ramkarran and Mr. Robin Stoby SC.

During the evening of September 6, 2018 at 19:00 hours, the Dr. the Honourable Lloyd Barnett OJ Lecture Series will be conducted and the Honourable Justice Duke Pollard former Judge of the Caribbean Court of Justice (CCJ) is scheduled to deliver the lecture.  

On September 07, 2018, the opening ceremony will be held at 8:30 hours at the Marriot where His Excellency President David Arthur Granger will deliver the feature address. The Chancellor of the Judiciary (ag), Madame Justice Yonette Cummings-Edwards is also expected to give remarks and the Honorable Attorney General and Minister of Legal Affairs, Mr. Basil Williams, SC., MP, will deliver welcome remarks. This will be followed by the Meeting of the Council of Legal Education at 9:30 hours. 

AG Williams as host and Head of the Guyana Bar will entertain participants and guests at a cultural reception at the Umana Yana at 19:30 hours to close the day’s events.

Participants have confirmed attendance at the meetings, where a number of matters pertinent to the Legal system in Guyana and the region are expected to be discussed including the establishment of the Joseph Haynes Law School.

The February 2018 Final Report on Survey of Legal Education in Caricom Member States commissioned by Caricom Heads of Government, conducted by IMPACT Justice and funded by the Government of Canada  will also be on the agenda for discussions.

By virtue of Article  1 Paragraph 3 (b) of the Agreement establishing  the CLE, it is inter alia empowered  to establish, equip and maintain Law Schools, one in Jamaica, one in Trinidad and Tobago and in  such other territories  as the Council may from time to time determine, for the purpose of providing postgraduate professional legal training.

CARIBBEAN FINANCIAL ACTION TASK FORCE (CFATF) STEERING GROUP AND X COUNCIL OF MINISTERS MEETING

The Hon. Mr Basil Williams S.C. M.P Attorney General and Minister of Legal Affairs, Chairman of the Caribbean Financial Action Task Force (CFATF) and Ms. Tamika Barkoye the Deputy Permanent Secretary of the Ministry of Legal Affairs, Chairman of the Planning Level Committee of CFATF will be attending the Steering Group and X Council Of Ministers Meeting, which will be held in Miami Florida, September 11-12 2018.

Pursuant to Section VIII of the Memorandum of Understanding Among Member Governments of The Caribbean Financial Action Task Force (CFATF MOU), the Council is the “supreme authority within the CFATF and consists of one ministerial representative or duly authorised alternate proposed in writing from each Member.”  Section 20 of the CFATF MOU requires the Council to meet once annually. The functions of the Council include approval of the work programme, the budget for the following year and discussion and or approval as relevant on policy; financial and other strategic matters.

Prior to the Council of Ministers meeting (September 11, 2018) will be the second CFATF face-to-face Steering Group meeting. This meeting is also chaired by the Honourable Attorney General Basil Williams, SC, MP.

Gov’t seeks stay, early hearing of appeal - The Chronicle Newspaper - 9th August, 2018

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Published: 09 August 2018

Attorney-General, Basil Williams, SC

…against court order to activate Judicial Review Act

GOVERNMENThas filed a motion seeking an early start to its appeal against a High Court ruling ordering Attorney General Basil Williams to bring into operation the Judicial Review Act, which was assented to by the then President Bharrat Jagdeo back in November 2010, but never enforced.

Williams from the onset has argued that the decision of the court raises serious issues of judicial interference with the powers of the executive, noting that the court has attempted to govern from the bench and to usurp the power which was explicitly vested in the Minister of Legal Affairs in breach of the doctrine of the separation of powers.

The state had also asked for a stay of execution of the High Court’s decision, which was made by Chief Justice (ag), Roxane George-Wiltshire. A hearing and possible decision on this request comes up this morning. Williams has argued that the matter is of urgent concern, as the state and the judiciary are likely to have serious issues as to how to treat with claims that have been brought under the Judicial Review Act prior to the appeal being heard.

He alluded to a similar case in the matter of Mohabir Anil Nandlall —v- The Minister of Legal Affairs et al, where Justice Nareshwar Harnanan on the 19th April, 2017, made a decision, inter alia, after hearing application for judicial review on Fixed Date Application in which the Honourable Justice Brassington Reynolds granted an order nisi of mandamus compelling the Minister of Legal Affairs to appoint the members of the Deeds and Commercial Registries Authority. He said this matter also dealt with judicial interference with the executive powers and the Minister of Legal Affairs caused a Notice of Appeal to be filed and same has not been heard to date, though the authority was approved by the Cabinet and appointed by the Minister of Legal Affairs.

Meanwhile, in its motion seeking an early hearing of the appeal , the AG’s Chambers called on the Court of Appeal to fix an early date for the hearing and determination of the Notice of Appeal filed herein on the 13th day of June, 2018. Additionally, the AG wants the court to permit and authorise the Applicant/ Appellant to prepare and settle the Record of Appeal forthwith and that the court dispenses with all other formalities and procedural requirements and order an early date for the appellant’s submissions and the respondent’s submissions in order to facilitate an early hearing.

The Notice of Motion was issued by Ms. Kim Kyte-Thomas, solicitor-general and Ms. Deborah Kumar, deputy solicitor-general and the affidavit in support was sworn to by Collene Liverpool – an attorney within the AG’s Chambers.

Liverpool in her affidavit contended that the chief justice committed an illegality when by her ruling she purported to dictate to the Minister of Legal Affairs her own timelines to bring the Judicial Review Act into force in contravention of the doctrine of Separation of Powers and as such, exercised his discretion. Liverpool added that the chief justice also by her actions usurped the discretion vested in the Minister of Legal Affairs, by the legislature to bring into force a legislation, which had no time line and which was clearly within his purview to so do and that she committed a specific illegality when she failed to apply the overriding objective of the New Civil Procedure Rules to deal with cases in the interest of the parties justly. “…the chief justice committed a specific illegality when she ruled that applicant/appellant had breached a duty by not bringing the Judicial Review Act into force. That the Honourable Chief Justice erred and misdirected herself in law when she found that the Applicant/Appellant did not have discretion in the commencement date of Judicial Review, after the Civil Procedure Rules came into force.

Additionally, Liverpool contended that the chief justice erred and misdirected herself in law when she found that the specific discretion granted to the Minister of Legal Affairs by the legislature had been converted into an obligatory duty to bring the Act into force after/when the Civil Procedure Rules came into force. She said the findings by the chief justice are unsupported by any legal basis and that the learned justice erred and misdirected herself in law, when she issued a mandatory order to command the AG to act within a specified time, when the legislature did not fix a time limit and where there had not been a refusal by the Applicant/Appellant to carry out a statutory duty.

The chief justice’s ruling had followed an application to the court last year by Former Attorney-General and Minister of Legal Affairs, Anil Nandlall, calling for Williams to be mandated to bring into force the Judicial Review Act. Nandlall had acknowledged the said Act was not brought into operation by him when he served as Legal Affairs Minister. He said it was because there were no complementary procedural rules of the court to accompany the said Act, as the Rules of the High Court 1955 made no provisions for judicial review.

Nandlall said that at that time, new Civil Procedure Rules were in draft form and these rules laid out the legal procedure in respect of how the court can be approached to access the remedies provided for in the Judicial Review Act. However, he said on February 5, 2017, a Practice Direction dated January 23, 2017 and published on February 4, 2017 in the Official Gazette by the Honourable Chancellor (ag.) Mr. Justice Carl Singh, directed that the Civil Procedure Rules 2016 shall take effect from February 6, 2017; the said Practice Direction also provided that the Civil Procedure Rules 2016 shall govern the practice and procedure of all civil proceedings filed in the High Court of the Supreme Court of Judicature after February 6, 2017.

AG makes link between corruption, poverty - The Chronicle Newspaper - 7th July, 2018

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Published: 09 July 2018

Minister of Legal Affairs and Attorney-General Basil Williams giving his remarks at the seminar in Bartica

–at anti-corruption seminar in Bartica

MINISTER of Legal Affairs and Attorney-General (AG) Basil Williams, has reiterated the government’s commitment to striking a blow against corruption in Guyana.

He made the remark during the sixth public anti-corruption sensitisation seminar that the Attorney-General’s Chambers and Ministry of Legal Affairs hosted at the Palm Springs Hotel Conference Room in Bartica on Friday.

These seminars sensitise and inform a wide cross-section of stakeholders of their roles and responsibilities in the fight against corruption in public office. This series of sensitisation seminars are an important aspect of the government’s policy to protect the state’s assets and forms part of a comprehensive response to the elimination of corruption in our society.

“Where there is corruption there is poverty. Government and state employees need to understand the importance of fighting against corruption. We are committed, prepared and ready to ensure that everyone is aware of their role, so we can together, as a country, combat corruption,” Mr. Williams said.

He also explained that this initiative was birthed some years ago, when the President of Guyana, His Excellency David Granger signed on with the United Nations on the Anti-Corruption Agreement. The President has since then delegated the responsibility to the AG to educate the people of Guyana in this regard.

HOW IT WORKS
The anti-corruption effort is guided by the State Asset Recovery Act. The purpose of this Act is to rid the society of corrupt and wrongful use of state property and to preserve state assets and assets of the people in Guyana.

The Act conforms to Guyana’s constitution and no law of the country is infringed. The State Asset Recovery Act steers the State Asset Recovery Agency (SARA), which is the agency responsible to recover state assets and properties obtained through unlawful conduct.

CEO of SARA, Mr Aubrey Heath-Retemyer explained that the agency’s aim is not to punish those involved, but to recover state assets that were taken unlawfully. He also shared that over the past years, Guyana has lost hundreds of billions of dollars to corruption. Particularly in the areas of Procurement Fraud, Illicit Capital Flight and Under Ground Economy, with moveable assets, fixed assets, land, money and gold being the targets of the corruption.

With the implementation of the State Asset Recovery Act, the country is expected to experience reduced corruption, increased transparency within government agencies and a momentous boost in the economy.

WHISTLEBLOWER ACT
Protection is granted to anyone coming forward with information about any misconduct in public office that will cause any loss of state assets, or revenue under the Protected Disclosures (Whistleblower) Act and the Witness Protection Act.

Regional Chairman of Region Seven, Mr. Gordon Bradford, expressed that this is a new, timely experience for the region, but indicated that they are thirsty for knowledge on how they can combat the issue of corruption. “Corruption is like a cancer that eats away on society. We need a corruption-free country and what we have learnt here today will be disseminated to everyone we meet to ensure that we fight this issue together as a region,” Mr. Bradford said.

The Anti-Corruption Act was also endorsed by Mayor of the town, Mr. Gifford Marshall and the Regional Executive Officer of Region Seven, Mr. Roderick Edinboro.
Presentations at the seminar covered the State Assets Recovery Act 2017, the Protected Disclosure (Whistle-blower) Act 2017, the Witness Protection Act 2017 and the Criminal Law Offences Act, Chapter 8:01. It was well attended and the attendees were given the opportunity to air their views and get clarity on the subject matters.

This sensitisation seminar was done in collaboration with the Regional Democratic Council of Region Seven, with the aim of restoring society and making life the way it ought to be.
Persons were encouraged to “blow the whistle,” so that corruption can be stamped out.

Joseph Haynes Law School Shareholders Agreement Signed - DPI 5th July, 2018

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Published: 09 July 2018

Over the period of three (3) days, June 18-20, 2018 the Honourable Attorney General, Basil Williams, S.C, M.P and members of the local Joseph Haynes Law School (JHLS) committee met with representatives of the Jamaica joint venture partners. The representatives were Professor Dennis Gayle, Executive Chancellor of the University of the Commonwealth Caribbean, UCC; Dr. David Wan, Group Finance Director, UCC; Mr. Courtney Wynter, Chairman of the Board, Law College of the Americas (LCA); and Mrs. Marcelle Donaldson, Attorney-at-Law. The visit was specifically aimed to finalize and sign the shareholders’ Agreement for the JHLS.

The JHLS created for this purpose met with the representatives on Monday, June 18, 2018 to hammer out the final details of the Agreement. The representatives continued to meet, with the Honourable Attorney General, who represented the Government of Guyana’s interest.

The team worked relentlessly to ensure that the result was an agreement acceptable by all parties. After careful consideration and collaboration, the agreement was signed and witnessed by representatives of the parties involved. The shareholders’ Agreement together with the Feasibility Study and Related Business Plan will be submitted to the Council of Legal Education (CLE).