NASSAU, BAHAMAS: Bahamas Bar Association President Kahlil Parker KC says that the persistent power outages that have disrupted court operations, forcing the adjournment of matters and leaving litigants and witnesses turned away from the courts.
Parker in a statement on Tuesday called the situation is unacceptable, warning that the stable operation of the judiciary and its ability to function without interruption is a matter of “paramount constitutional importance.”
“The judiciary is a co-equal branch of government under our constitution,” Parker said.
His comments came as the Supreme Court in Nassau was forced to close its offices with immediate effect on Tuesday due to power outages. In a notice issued, Mildred Bodie, Acting Chief Executive Officer, said the offices of the Supreme Court in Nassau would close with immediate effect and reopen on Wednesday, August 12.
Persons with matters scheduled for Tuesday were advised to attend the court on Wednesday to obtain new adjournment dates.
The closure adds to concerns over the impact of the outages on the judiciary and the ability of businesses, attorneys, litigants and other court users to access judicial services.
Parker warned that when the courts cannot open, “the rights of citizens to be heard, to have their liberty preserved or vindicated and to have their disputes resolved in a timely manner are placed in jeopardy.”
He also criticised the relevant authorities and utility providers for failing to maintain clear lines of communication with the judiciary throughout the disruption.
“That failure has denied the judiciary the ability to put appropriate remedial and contingency plans in place,” Parker said, adding that court users, members of the profession and the wider public have been left without “the clear and timely information to which they are entitled.”
“This is unacceptable,” Parker declared, calling for urgent intervention.
He is demanding that the responsible authorities and utility providers engage directly with the judiciary and issue a substantive statement accounting for the disruptions and provide assurances that the conditions experienced over the past several days will not continue.
“The bench, the bar and the public are entitled to nothing less,” Parker said.
Parker also commended judicial officers, court staff and attorneys who have continued to discharge their duties despite the persistent and serious disruptions.
Attorney General Wayne Munroe, commenting on the matter, said: “The Judiciary of The Bahamas is an independent arm of government. During the last Davis administration, they were formally given their structural independence by the setting of the Court Services Act. This calls on them to manage their affairs independently, just as the executive manages affairs separately, independently. The courts can report on the effect of any power outage on the operation of the courts. As Attorney General, I cannot give directions to the court, and the Court Services Act gives full management of the court to the Court Services Board. Just as the Office of the Attorney General has to manage power outages and deal with its generation system and put in place mitigation steps and alternatives, so does the courts.”
He continued: “I am confident that the courts will rise to the occasion and put in place systems and alternatives that will mitigate any consequences of power outages. I understand that there was an issue with their generators. I have no doubt like any private institution or the public institution, the courts will learn from any instance that adversely affected their generation, their backup generators.”
Munroe reiterated that the courts run independently of the executive government. “They are given their funds, and I am confident that in their management to do what is necessary to keep the courts running. This won’t be the only occasion on which the court has been closed for one reason or the other, and in each occasion they have risen to the challenge, and I am quite confident that they will do so again.”
