EXCESSIVE red tape continues to cramp Jamaica’s court system, which has prompted Chief Justice Bryan Sykes to come out bashing the process of procuring equipment and services for the island’s courts. Sykes says the system doesn’t work for the benefit of the people that it is supposed to serve, and leads to great inefficiency.

“The simple fact is that it is not working. It is not doing what it is supposed to do, and has actually become an obstacle and a hindrance to development,” Sykes said Monday during the swearing-in ceremony for five judges at King’s House.

The chief justice said the problem was a threat to the justice system, and lauded Prime Minister Andrew Holness for recently giving a commitment to reforming the Government’s procurement process.

“I couldn’t agree with him more,” Sykes said.

The chief justice referenced a scenario that came out of the infamous Klansman gang trial in the Supreme Court in Kingston, where he said that due to how the procurement process is set up, there was unnecessary and excessive spending to acquire usage of important computer and digital equipment that was well needed for the trial. The equipment was necessary to ensure that witnesses could give evidence remotely from safe locations.

“The experience of the court has been horrendous when the gang trial was going on. For example, we had to ensure that the equipment in the court was of a minimum quality so we put out the tender inviting persons to come and provide the service, microphones, cameras, screens and so on. Three turned up. We took them through the process and one was left standing. We leased the equipment from the person, but having regards to the cost, we recognised that if this continued we would be paying for the things several times over,” Sykes said.

“We decided to say let us buy the equipment. Because of the price it had to go to this body outside. They said, ‘No, no, no, you need to do over the process and open it up’. The end result was that we don’t have the equipment, we didn’t get the training, and we ended up paying funds that could purchase the system three times. That is what the procurement process produces,” a clearly peeved Sykes added.

He cited a second scenario in which parts for an air-conditioning unit were needed in the Court of Appeal which wasn’t acquired because of the red tape. He also cited another situation where a central air-conditioning system was needed for the Supreme Court and because of the unnecessary procedures, it did not materialise.

“Our second experience was in regards to the air-conditioning unit in the Court of Appeal. It is almost a year now and the part [needed] is still not here. We had a problem in the Supreme Court with the central air-conditioning unit and we decided to go to split unit. We did the same thing; we went out, did the procurement, found a supplier who actually had the air-conditioning units in Jamaica. There was nothing to suggest that the person is a rascal or anything like that, so you’d want to think that this was a good decision. Again, because of the value, they said, ‘No, no, no, this person that you have selected is not a grade one or a grade two provider. Having regard to the size and so, you have to go with a grade one or grade two’.

“We said, ‘But the man has the thing here and we need it now’. They said, ‘no, you have to go with a grade one or grade two provider’. We said okay, let us go and find this grade one or grade two provider. That person had no money to execute the contract, no air-conditioning units, so the end result was no air-conditioning units in the areas that need it. Any system that consistently produces those kinds of results is a system in need of overhauling. In that regard I agree with the prime minister that it really needs to be done over. It is not fit for purpose and is not fulfilling its objectives,” Sykes said.

The chief justice also raised the question of why there is such an extensive delay in the implementation of an integrated electronic case management system. He said it poses risks to the judiciary achieving its strategic objectives.

“As you know, we do not raise money. We get money from Parliament and significant sums of money come from the executive. I am mentioning this in the context of the integrated electronic case management system, which we have been talking about for quite some time. A conference hosted by the Ministry of Justice along with the Inter-American Development Bank was held in January 2020 and a report was produced around May or June of the year and the recommendations adopted.

“We are now in 2025. There were visits to Rwanda and visits to Spain. Rwanda came here and decisions were made and so on. To date, we cannot move forward. Why is that? I don’t know. It suggests that it is not being treated with the degree of urgency that it ought to be. It is vital that we get the electronic case management system in because it will not only improve efficiency but for the view of our legal system from the outside, it is very significant,” Sykes said.

He referenced the World Bank’s annual publication, which was previously referred to as the Ease of Doing Business Report but is now called the Business Readiness Report.

“One of the things they use to assess countries is the ability to communicate with the courts on a 24-hour basis. If you do not have in place an electronic management system that can receive files and documents literally 24 hours a day, you are going to be marked down as a place not to invest. It is not just about the judiciary, but it has implications for whether persons make the decision to invest in Jamaica.

“I can only appeal to those who have to make the decision to do so quickly so that we can begin the process of the development of the system so that our people can benefit. It has immediate benefit, for example, when dealing with divorces, estate matters, the transfer of property and wealth from one generation to the next. That could be sped up significantly, so we need it there,” Sykes insisted.

Speaking to RJR news following Sykes’ public complaint, Minister of Justice Delroy Chuck described attempts to implement the paperless system with the courts as, “a game of ring-a-ring o’ roses”. The minister said that funds have been allocated for the implementation of an integrated electronic case management system model that is used in Rwanda, but according to him, authorities appear to be dragging their feet and that is why the system is yet to get off the ground. A delegation from Jamaica, led by Chuck and Sykes, went on a tour in Rwanda to study that country’s technology-driven case management system.

“To the best of my knowledge, the matter is still going around [in] the various departments, everywhere [including] the Ministry of Finance, before this matter can go to Cabinet,” Chuck was reported as saying.

RJR reported that the minister said he was “totally fed up with the whole procurement system”.