The whole system of the administration of justice in The Bahamas seems to be on the verge of collapse. The system is being administered inefficiently in almost every facet. Many Bahamians are crying out for justice for various reasons.
While the independence of the judiciary in The Bahamas is secure, it also has to be accountable. This accountability can be secured through a vibrant media and a critical academia. Law academics and well-informed journalists must provide their comments and criticism on judgments delivered by the judiciary in the country. They must act as watchdogs anxious to ensure that the judicial process moves in the right direction and serves the need of the community as a whole.
For many years there has been systemic delays in the judiciary with many Ministers with responsibility for the administration of justice in successive governments promising to make improvements. Over the years the system has deteriorated with no accountability to the public.
Among the issues and complaints contributing to systems collapse in the judiciary are:
The need for trained and educated court clerks;
The need to introduce a proper system for the selection of dates for trial of cases;
The need for the proper filing of documents, as the filing of such documents are not being done;
Judgments are not being delivered on a timely basis; and
Probates and Letters of Administration are delayed for inordinate periods.
Since public confidence in the judiciary exists only when judicial accountability is in place, the present Attorney-General and Justices of the Court must focus on the complaints and resolve them to the satisfaction of the public.
Justice Bhagwati, a former Chief Justice of India writing on the importance of Judicial Accountability said, “In a society based on the rule of law and democratic rules of governance, every power holder, whether legislative, executive or judicial is, in the ultimate analysis, accountable to the people. This accountability goes with the exercise of power because the power holder in a democracy governed by the rule of law derives its power from the people.”
It is therefore, in the best interest of the public to have a judiciary that is independent from the government, but at the same time is accountable to the public. Judicial accountability is not necessarily a threat to the independence of the judiciary. Its main purpose is to enhance public confidence.
The length of time that it takes for a judgment to be given by some Judges is a major concern for lawyers. Since justice must not only be done, but seen to be done, the efficiency of Justices is important in the Judiciary system. Based on the amount of litigation in the system and the growing and sophisticated Bahamian economy, the time has come for those Judges to be given efficient clerks who are bright young lawyers capable of writing briefs and judgments.
A Supreme Court Judge in the United States has at his command a number of young qualified lawyers who make the burden of writing judgments easier, as the young attorneys are available to research cases and provide a level of assistance to expedite the conclusion of cases. With some 500 lawyers at the bar in The Bahamas, many of them under-employed, our Justices could be more efficient if they had clerks who are lawyers themselves.
There is no doubt a need for judicial reform in The Bahamas with an overall objective to provide an accountable court system in which timeliness and efficiency are the hallmarks while protecting integrity, fairness, equality and accessibility of and attracting public trust and confidence. Matters which must be attended to urgently to improve the system include the training of court staff, including Judges, Magistrates and Registrars in case management and mediation.
In order to have systems changes and improvement in the Judiciary, the Cabinet must provide adequate funding to ensure that the Courts are able to operate. However, having secured that funding the political branches are not only entitled, but under a duty, to scrutinize the Judicial system to ensure that it is an effective and efficient means of delivering justice. The Attorney General in The Bahamas is under a duty to propose and secure changes to the system as it is not now working efficiently and effectively. If he is unable to bring about changes, then public funds are not being properly spent in the administration of justice.
Insight, The Bahama Journal
