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Our Mission

To ensure that proper legal services are provided to the Government; to provide statutory services to the public relating to the public trust and bankruptcy matters; and to register titles, mortgages, companies, societies and other bodies as well as other documents, as required by the law.

Press Release - 21st September, 2019 - THE BAR COUNCIL OF THE GUYANA BAR ASSOCIATION MUST KEEP THE PROFESSION “NOBLE”

Details: Published: 27 September 2019

The Guyana Bar Association (GBA) is expected to be independent and like Caesar’s Wife” – above reproach.

It is not expected to be the “minion” of any political party or grouping, or to mindlessly parrot its utterances.

Above all, the GBA, is expected to disseminate accurately the decisions of our Courts, more so our Apex Court the Caribbean Court of Justice (CCJ).

The GBA’s, Bar Council has falsely stated in its recent statement published in the Stabroek News and other media that the “Government of Guyana is operating outside the Rule of Law …..”

The Government of Guyana, rejects this contention as being false and malicious, as it cannot be supported by the Bar Council’s recourse to the Constitution and/or the decision of the Caribbean Court of Justice.

In respect of the Constitution neither articles 106(6) or 106(7) provides for the President to fix a date for elections within a three month period.

In fact the CCJ recognized that it was for GECOM not the Government to hold elections within the three months provided by article 106 (7) or such longer period approved by a two third majority of Parliament.

In the case of the CCJ, the Court frontally rejected the consequential orders sought by Counsel for the Leader of the Opposition including that , “The President shall by proclamation appoint a date for the holding of elections no later than 18th September, 2019 and that “The Government shall remain in Office and shall hold an election for the members of the National Assembly within three months of 18th June, 2018 i.e by 18th September, 2019.

The CCJ in rejecting the aforesaid consequential orders and others said,-

“Article 106 of the Constitution invests in the President and the National Assembly (and implicitly in GECOM), responsibilities that impact on the precise timing of the elections which must be held. It would not therefore be right for the Court, by the issuance of coercive orders or detailed directives, to presume to instruct these bodies on how they must act and thereby preempt the performance by them of their constitutional responsibilities. It is not, for example, the role of the Court to establish a date on or by which the elections must be held, or to lay down timelines and deadlines that, in principle, are the preserve of political actors guided by constitutional imperatives. The Court must assume that these bodies and personages will exercise their responsibilities with integrity…”

In the CCJ Counsel for the Attorney General of Guyana, Mr. Eamon Courtenay SC had ably argued that if the Opposition did not agree to the two third majority extension then by necessity it would fall to the President who has the remit under the Constitution to both dissolve Parliament and proclaim a date for the elections after being advised by GECOM as to its readiness to deliver credible elections.

As Head of the Bar of Guyana, The Attorney General, exhorts the GBA to be guided by the aphorism, “Ours is a higher and perpetual retainer”, for Justice.

Regards,

Attorney General's Chambers and
Ministry of Legal Affairs

World Bank pledges support to Guyana’s AML fight - The Chronicle Newspaper - 30th July, 2019

Details: Published: 31 July 2019

Attorney General and Minister of Legal Affairs, Basil Williams, S.C, M.P (fifth right) along with members of the AML/CFT National Coordination Committee and the visiting World Bank team

REPRESENTATIVES of the World Bank have committed to supporting the strengthening of Guyana’s Anti-Money Laundering and the Combating the Financing of Terrorism (AML/CFT) regime.

At a meeting hosted at the Ministry of Legal Affairs on Monday, members of the AML/CFT National Coordination Committee and a visiting World Bank team discussed the methods of technical and advisory support which can be used to achieve this.

Key on the agenda was technical assistance to conduct critical updates to Guyana’s ML/TF National Risk Assessment (NRA). According to a release from the Ministry, Financial Sector Specialist at the World Bank, Gulliaume Herve Mathey explained that an updated NRA would be necessary as the World Bank has improved the tool used in Guyana’s last NRA conducted during 2016-2017.

This was supported by his team member, Financial Sector Specialist, of the Financial Stability and Integrity Unit., Matei Dohotaru. As such, Guyana must conduct another NRA to reassess all the threats and vulnerabilities that may exist at a national and/ or sectoral level.

Added to this, as Guyana prepares for first oil come early 2020, several new risk factors will have to be considered. “The World Bank has developed a guide for countries conducting their ML/TF risk assessment. This guide is in the form of a methodological risk assessment tool. It is an Excel-based model that enables countries to identify the main drivers of their ML/TF risks,” the Ministry stated.

“The tool will assist Guyana in conducting a self-assessment of the ML/ TF risk and vulnerabilities locally. This approach is in line with the recommendations of the Financial Action Task Force (FATF). FATF Recommendation 1 requires that countries identify, assess and understand the ML/TF risks within their jurisdiction and then implement a risk-based action plan and apply resources to mitigate the identified risks.”

Commenting on the visit, Attorney General and Minister of Legal Affairs, Basil Williams, S.C, M.P noted that it was timely. He stated that the AML/CFT NCC had commenced planning for the country’s next national risk assessment which must be completed well in advance of Guyana’s next Mutual Evaluation scheduled for 2022.
The World Bank team is currently in Guyana conducting a scoping mission of the country’s AML/CFT Framework and will be meeting with several other stakeholders involved in the AML/CFT regime in Guyana.