Chief Justice bemoans lengthy procurement process, welcomes promised policy changes

   

Chief Justice Bryan Sykes is welcoming Prime Minister Dr. Andrew Holness' announcement that the government will be making several policy and legislative changes to streamline the procurement, permitting and approvals processes.

 

Dr. Holness made the disclosure during his 2025 New Year's Day message.

 

Lamenting that many businesses and citizens have faced obstacles doing business with the government, Dr. Holness said the legacy requirements have expired but their continued existence has never been questioned.

 

Speaking Monday morning at the Ceremony for the Swearing-in of Judges of Appeal, Puisne Judges and Master-In-Chambers, Chief Justice Sykes said the current procurement process is a hindrance to development.

 

Justice Sykes said the judiciary has had its share of unpleasant experiences with the process. 

 

"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. So three turned up; we took them through the process. One was left standing. So we leased the equipment from the person. But having regard to the costs, we recognised that, but if this continues we'll pay for the things several times over. 

 

"So we decided to say, OK, let us buy the equipment. So because of the price we had to go to this body outside. They said, no, no, no. You need to go over the process and open it up. So what was the end result? The end result was that we don't have the equipment, we didn't get the training, and we ended up paying funds that you could have purchased the system three times," he recalled. 

 

Justice Sykes also pointed out that the Court of Appeal has been without an air conditioning unit almost a year as a result of the procurement process.

 

He also cited a similar issue with the central air conditioning unit in the Supreme Court. In that case, a supplier was selected but the court was told 

 

"We decided to go to split units. Same thing. Went out. The procurement funders, a player who actually had the air conditioning units in Jamaica, nothing to suggest that the person is a rascal or anything like that. So you'd want to think that this is a good decision again, because of the value it went to go to this entity outside. 

 

"They said, no, no, no. This person that you have selected is not a grade one or a grade two provider. So having regard to the size and so, you have to go with a grade one or a grade two.... So we said, OK, let's go and find this grade one or a grade two provider. The person had no money to execute the contract. So what's the end result? No air conditioning units in the areas that need it. And so in a system that consists and produces those kinds of results, it's a system in need of overalling," he lamented. 

 

Meanwhile, Chief Justice Sykes said further delay in integrating the electronic case management system within courts across the island poses a threat to the country's economic performance.

 

Justice Sykes said there have been several consultations as well as conferences and visits to Spain and Rwanda but, to date, the judiciary is unable to move forward.

 

He said this is an indication that the electronic case management system is not being treated with the appropriate degree of urgency. 

 

"It's vital that we get the electronic case management system in, because one, it will not only improve efficiency, but for the view of our legal system from the outside, it is very significant. Why is this? The World Bank used to produce a report, Ease of Doing Business, now they call it Business Readiness. And one of the things that they use to assess countries is the ability to communicate with the courts on a 24-hour basis. Translation, if you do not have in place an electronic case management system that can receive files, documents, literally 24 hours a day, you are going to be marked down and regarded as a place not to invest," he cautioned.     

 

Justice Sykes urged the authorities to quickly make a decision to move forward with the system.