…“We want a system that works,” – AG Nandlall
The Government is set to place significant emphasis on amending and enacting several key pieces of legislation in 2026, with the aim of modernising Guyana’s legal framework and ensuring greater efficiency, accountability, and fairness within the judiciary and legal professions. This is according to Minister of Legal Affairs and Attorney General (AG) Anil Nandlall, who made the announcement during his weekly programme, Issues in the News, on Tuesday. During the programme Nandlall outlined several pieces of legislation at the heart of the Government’s reform agenda for 2026, including the Legal Practitioners Act, High Court Act, Court of Appeal Act, Evidence Act, Companies Act, the Cyber Crime Act and the creation of a Trust Law. He also noted that the Government will be looking at the Civil Procedure Rules and sentencing guidelines to ensure uniformity and consistency in the sentencing for the same crimes.
“We want a system that works,” Nandlall emphasised. “We want a system that delivers justice in a uniformed fashion, consistent with law based upon evidence and not upon the whims and fancies of judicial officers. Not based on preconceived concepts, not based on prejudices and biases, but based upon objectivity and the law… That is what the people of Guyana must demand from their judiciary.”
Falling short
He highlighted that the legal profession in Guyana currently falls short of these ideals, citing the need for greater discipline and professionalism within the sector. “A responsible, educated, ethically driven legal profession and a vibrant Bar Association are prerequisites for a society that wishes to adhere to the rule of law. In Guyana sadly, the legal profession does not meet that standard and I say so with the greatest respect,” Nandlall noted. “Many people know a person who is dissatisfied with how their cases are being handled by their lawyers or how it’s being handled in the judiciary. I will bet my bottom dollar you have had that experience or you know someone who has had that experience – and that must change. We have to make both our judiciary and the legal professions more accountable.” In response to calls from the judiciary for legislative reforms, the Government will support efforts to amend the Legal Practitioners Act, which governs the conduct of lawyers, to ensure greater accountability.
“The judiciary highlighted this issue in their engagement and they’re calling for legislative reform to the Legal Practitioners Act and the Government will support that measure. In fact, I will be meeting with the Guyana Bar Association (GBA) in January to begin that conversation,” Nandlall noted. “The legal practitioners act has to be amended. We have to have a stronger regime of discipline for errant practitioners as well as errant judicial officers. Of course we must do so in accordance with constitutional parameters and in line with principles of accountability and transparency. Guyana is not the only country in the world facing these problems and we intend to tackle them head on in the same way we are tackling similar issues in similar organisations.”
Outdated
As pertains to the Evidence Act, Nandlall pointed out that the current legislation dates back to 1893 and is based on outdated laws from the United Kingdom (UK). The AG stressed the need for a comprehensive and modernised Evidence Act that reflects contemporary technological advancements and the digital age. The new legislation will be based on global standards and is currently in draft form, awaiting cabinet approval and public discussion. “Nothing that was relevant in 1893 can be relevant now; so by the sheer passage of time, the Evidence Act is outdated. That act was born out of a different era. We are now living in the ICT (Information and Communications Technology) world. We are moving into digitisation. Technology is what permeates our every activity. We restore records differently and a modern Evidence Act must embrace this new reality,” Nandlall said. The Companies Act, he noted is also outdated.
“Our Companies Act though a very good piece of legislation, is now 30 years old. It was enacted in 1995. The financial world has transformed over the last three decades so we need to update our legislation. We have new and critical concepts. Consultations have already begun… and their amendment will soon be considered by the Cabinet before we begin another round of consultation,” Nandlall explained.
New and updated laws; modernisation of judiciary
In another significant development, the Government plans to introduce a Trust Law, as Guyana currently lacks comprehensive legislation governing trusts. With the country’s growing financial sector and its increasing sophistication, Nandlall emphasised that a proper trust framework is essential for protecting the financial system. “A doctrine of trust and the mechanism of the trust is a crucial creation of the law and of equity and is used for a variety of purposes…in countries that are considered financial centres… Trusts are a major thing. The Financial Action Task Force (FATF) has already identified the lack of a trust law in Guyana as a critical deficiency, and we have to fill that deficiency very early,” Nandlall noted. Another priority for 2026 is updating Guyana’s Cybercrime Legislation. As a signatory to international agreements, Nandlall noted, Guyana plans to implement a model framework that has been endorsed by nearly 200 countries, contributing to a global effort to tackle cybercrime. In addition to legislative reforms, Nandlall highlighted the Government’s ongoing efforts to modernise the judiciary. He pointed to the creation of sentencing guidelines, which have been developed in collaboration with the judiciary to ensure consistency in sentencing across the court system. These guidelines aim to eliminate disparities in sentencing for similar offences, ensuring fairness and uniformity in judicial decisions. “The AG chamber hired a consultant and produced sentencing guidelines, which we have deposited with the judiciary for their input and I believe they have contributed to it, and we have handed it to the judiciary for their implementation,” Nandlall said. “A man can’t go to one court for an offence and he gets a particular sentence and another person goes to another court for the same offence and they get a radically different sentence. Sentence guidelines, consistent rules, consistent criteria that must be followed by judges and Magistrate when they are considering imposing a sentence.”
Nandlall explained that sentencing guidelines are already in use across the Caribbean and Commonwealth. Nandlall emphasised that the reforms would help position Guyana’s legal sector as modern, efficient and globally competitive. He affirmed the Government’s commitment to working closely with the judiciary to ensure the successful implementation of these reforms. “The vision for a modern legal sector, one that stands up to scrutiny and guarantees access to justice for all citizens, is something the President strongly supports,” Nandlall noted.
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