Justice Act15 (the CCJ Act) rendering the Caribbean Court of Justice (the CCJ)
Guyana’s apex court.
[24]
The CCJ Act implements the Agreement Establishing the CCJ (the Agreement) and
gives the Agreement the force of Guyana’s domestic law.16 In this case, it is
principally to the CCJ Act that one must turn to determine questions surrounding
the jurisdiction of this Court although, as has been seen in other cases,17 resort to
the Agreement may be relevant and necessary in order to clarify ambiguities, rectify
errors or otherwise assist in the interpretation of applicable domestic legislation.
This means that much of the weighty submissions made to us surrounding supposed
international legal implications of the Agreement to this case and applicability of
the Vienna Convention on the Law of Treaties18 are largely mis-placed.
[25]
Section 6(c) of the CCJ Act gives to litigants an entitlement to appeal, as of right,
decisions of the Court of Appeal in any civil proceedings which involve a question
as to the interpretation of the Constitution. Further, section 8 of that Act provides
that, ‘subject to section 7’, an appeal shall lie to this Court from decisions of the
Court of Appeal, with the special leave of this Court, from any civil or criminal
matter.
[26]
The framework for appeals to the CCJ and the wording of the statutory provisions
in Guyana are identical to those which are contained in the comparable Barbadian
legislation.19 In Barbados Rediffusion Service Ltd v Mirchandani20 (incidentally,
the first decision ever rendered by this Court) it was made clear that the apparent
words of limitation in section 8, that is, the phrase “Subject to section 7”, were not
intended in principle to limit the broad jurisdiction of this Court to grant special
leave from any decision of the Court of Appeal in any civil matter. In both the
Caribbean Court of Justice Act, Rev Ed 2012, Cap 3:07 (Guy) (‘CCJ Act’).
ibid, s 3.
See for example Barbados Rediffusion Service Limited v Mirchandani et al [2005] CCJ 1 (AJ), (2005) 69 WIR 35.
18
Vienna Convention on the Law of Treaties (adopted 23 May 1969, entered into force 27 January 1980) 1155 UNTS 331.
19
Caribbean Court of Justice Act, Rev Ed 2008, Cap 117 (Bds).
20
See Mirchandani (n 17).
15
16
17