BARBADOS IS A sovereign nation. The conduct of the affairs of its law courts is determined in Bridgetown, not at the Caribbean Court of Justice (CCJ) in Port of Spain.
Barbados has had a long and enviable record when it comes to the delivery of efficient public services, in the process also contributing immensely to the improvement of the delivery of these services in the region and beyond.
Why then does our judicial system continue to attract such stinging criticism from within and outside the country, as was the case last week for the umpteenth time by the CCJ?
On this most recent occasion, the island’s final court of appeal made its unflattering comments in relation to a matter that was three decades old – although on this occasion the conduct of the litigants contributed in no small measure to the “delay”.
“Amazingly, in October 2015 we are determining whether or not the respondents can impeach the validity of the appointment of receiver made in April 1984 and ceasing in May 1988 . . . ,” the court said.
And after detailing the movement of the case over the years, the court added: “After 2003, it is surprising that the case was part heard for such a lengthy period and then there was an inordinate delay of 22 months before the judge delivered his judgment.”
We can’t help but ask, even as the country celebrates its Independence: where is the national pride that we used to boast about so much when it came to conduct of our public services? Our courts have always stood at the pinnacle of a public service that seemed more First World than Third World. What has contributed to such a dramatic decline?
What’s particularly disturbing about this state of affairs, however, is that no matter how much the officers of the CCJ, and others, complain, there appears to be little to no tangible concern displayed by those with the power and office to bring about meaningful change.
This state of affairs is so embarrassingly shameful that a recent initiative in relation to long outstanding criminal cases has discovered that the system has literally lost track of an unknown number of accused persons who had been on bail for several years awaiting trial.
We also have citizens now “making sport” of our judicial system with the complaint that any civil suit filed now is unlikely to be heard in time to make a difference to any dispute that might currently exist.
How long will we tolerate this poor management of our judicial system? Is a solution beyond our capacity as a nation? Is the silence of those at the top of our system a reflection of disinterest in finding a solution? How many more times must the CCJ haul us across the coals before we decide it is time to act?
In the words of the CCJ: “We urge the judiciary to take steps to address the problem of delay in the judicial process and ensure that citizens enjoy the benefit of the constitutional promise of fair and expeditious resolution of disputes.”
We sincerely hope there is change before our highest court is forced to utter similar sentiments again.
