Civil Procedure Rules gazetted, says ministry
THE Ministry of Justice says Tuesday's Jamaica Observer report titled 'Civil Procedure Rules not gazetted, says lawyer', is inaccurate, pointing out that it was in fact gazettted in 2002.
That article had quoted attorney Hugh Wildman, who claimed that the Judicature (Rules of Court) Act, more commonly known as the Civil Procedure Rules (CPR) 2002, was not gazetted and as a result was not binding.
Wildman said he had written to Chief Justice Zaila McCalla, informing her that he had checked with the Government Printing Office and was informed that the Civil Procedure Rules 2002 were published by a private company — the Caribbean Law Publishing Company — and not gazetted.
However, the ministry said the assertions are unfounded, incorrect and misleading.
Said the ministry: "The Interpretation Act states that all regulations made under any Act or other lawful authority and having legislative effect shall be published in the Gazette (Section 31), and that where such publication is required, a notice in the Gazette stating where the notice has been published and can be bought or viewed is sufficient to bring the law into effect (Section 60).
"The Civil Procedure Rules 2002 were duly published in accordance with section 60 as LN 2/2003 in the Jamaica Gazette Proclamations Rules and Regulations. This method of complying with the statutory publication requirement is standard procedure when it comes to very large documents such as the Civil Procedure Rules.
"Furthermore, Section 2 of the Interpretation Act defines 'Government Printer' as the Government Printer of Jamaica and any printer purporting to be the printer authorised by Government to print Acts and regulations. Caribbean Law Publishing Company was duly authorised by the Government to print and publish the Civil Procedure Rules 2002.
"Accordingly, the Civil Procedure Rules are indeed lawful. They have been in full force and effect since their inception, and remain so today."