Chief Justice Sir Patterson Cheltenham on Tuesday bluntly criticised the country’s judicial system which he declared must be overhauled and modernised.
Stressing the need to address severe staff shortages in the judiciary and implement changes to bring the system into the current era, he also announced plans to appoint a court executive administrator to take over the administrative duties of the Registrar of the Supreme Court.
In a no-holds-barred speech to mark the ceremonial opening of the legal year 2022-2023, Sir Patterson lamented that the judiciary had not changed much in the last 60 years and the system was “burdened with overloads” and “anchored to operating systems long obsolete”.
He suggested that a court executive administrator who would “take over and manage the administration of the courts” with a small staff, reporting directly to the Chief Justice, would assist in this regard.
Sir Patterson said that post would be advertised “very shortly”.
“….The entire court system has to be overhauled in a planned and systematic manner. To achieve this change of process, we will have to engage with consultants that are skilled and knowledgeable. The old format which served us well for several years has outlived its usefulness and has been a drain and hindrance on development,” he said.
“There will have to be structural adjustments. Some of these will require legislative changes as, for example, the vesting of administrative authority in the proposed court executive administrator. Those duties would be stripped from the Registrar.”
The Chief Justice explained that the Registrar and Deputy Registrar would then focus exclusively on legal matters.
He added that while he had been able to attract an executive legal and personal assistant and a communications officer, there was still a need for an efficient statistician and project manager.
Furthermore, Sir Patterson said there were major shortages in various departments of the judiciary, including the Office of the Director of Public Prosecutions, the Probation Department and the Transcription Department.
He said more clerks and marshals were also required if the system was to perform at its optimal level.
“….Staffing complements have to be increased to meet the competing demands being placed on the court services. There are simply too many departments severely and dangerously undermanned. Officers are working with purpose and drive but their lives are in real danger of exhaustion and burnout, yet they continue to deliver and be positive,” the Chief Justice said.
He lamented that since 1958 when the first Supreme Court of Judicature Act was enacted, “reducing the bewildering number of courts and introducing a more sensible and rational system of court administration, not much in relation to profound change or forays into modernity has occurred”.
While the system remained stagnant, he noted, there have been “accelerated social and technological changes combined with burgeoning increases in civil society with its multiple subsets and ever-growing criminal docket”.
Sir Patterson maintained that if improvements were not made the public would continue to lambaste the system for its inefficiencies.
“An enquiring public has set its lens on us and there will be no redirection or focus. The judiciary is being asked to account for its stewardship by the taxpayers. This is a profound change from previous years. It was to be expected,” the Chief Justice said.
“Respect will not flow by mere date of office. We simply need to accept the unmistakable reality of the first quarter of the 21st century. To have the spotlight directed on us should not be seen as an intrusion; rather, it might be viewed as helping to light the way forward.”
