Dear Editor,
The University of Guyana Law Society (UGLS) is elated to hear that a new collaborative agreement between the University of Guyana (UG) and the University of the West Indies (Cave Hill) has been finalised, and here congratulates those who were instrumental in making this a reality. These persons include, but are not limited to, former Head of the Department of Law, Mr Sheldon McDonald, current Head of the Department of Law, Mr Ronald Singh, various members of UG’s administration, including the Deputy Vice-Chancellor of Academic Affairs, Dr Barbara Reynolds, former Attorney General Anil Nandlall and current Attorney General, Basil Williams.
This agreement, among other things, and perhaps most importantly, assures automatic matriculation of the top twenty-five students from UG’s Bachelor of Laws (LLB) programme into the Hugh Wooding Law School (HWLS) in Trinidad and Tobago to read for the Legal Education Certificate (LEC). Securing the LEC is essential for an LLB holder from institutions governed by the Council of Legal Education (CLE) to practise in the region.
What is less clear, and what we would be grateful for, is clarification as to when this new agreement will expire.
It it important to point out that our ideal is one where every student who completes the LLB programme at UG is allowed to enroll into the HWLS (subject to whether students are desirous of such enrolment, and are capable of paying the costs associated with this undertaking), as opposed to being subjected to a quota.
In the absence of such an ideal, however, the UGLS supports parallel undertakings to maintain, and increase the spaces secured, as well as to do away with the quota system. We acknowledge that there is an alternative in the Eugene Dupoch Law School in the Bahamas. However, the tuition and the cost of living associated with such studies in the Bahamas (nearly double that of the HWLS) makes the option not at all feasible.
The last collaborative agreement between UG and UWI (Barbados) expired in 2013, and, since 2014, students graduating from UG’s LLB programme, and looking to commence studies toward the attainment of their LECs have been facilitated on an ad hoc basis through yearly negotiations.
For two years, LLB students at UG have endured uncertainty as to whether they would be accepted into the HWLS upon graduating. This has been an additional, unnecessary burden, especially when one considers the stress and sacrifices already associated with attaining the requisite grades to make the top twenty-five, as well as securing the approximately $5.8 million needed for tuition. Food and accommodation during the almost two years of LEC studies at the HWLS cost several million more, and, contrary to what is undoubtedly an ill-perceived, yet popular perception, a vast number of UG LLB graduates are usually not in a financial position to afford the costs, and, therefore, most never do attain their LECs.
It is against this backdrop that we wish to laud the Government of Guyana for its decision to resume the payment of the economic cost associated with pursuing the LEC at the HWLS, though, for now, the amount constitutes part of the economic cost. We are also thankful that the National Assembly approved the $17.9 million asked for by Mr Williams, who championed the initiative, and are optimistic that this decision signals the intention to resume payment of the full economic cost, as per the agreement under which Guyana is a party to the CLE.
With this decision, the Government of Guyana has, after more than a decade, put itself in a posture of compliance with Article 9 (1) of the Agreement Establishing the Council of Legal Education, which stipulates that “the revenue of the Council shall be derived from contributions from the Governments of the participating territories, from grants and donations, and from fees payable by persons admitted to the Law Schools.”
This decision is quite timely, in light of a decision by the HWLS last year to increase its tuition by more than 30%, taking the amount from $4.2 million to approximately $5.8 million.
Such investments in the continuous production of legal counsel are essential for the development of states such as ours, providing that they are used creatively, and effectively. As such, fallacious arguments to the effect that Guyana is already inundated with lawyers must be resisted. Indeed, we have noted contentions that the amount meant to pay the economic cost at HWLS would be better spent elsewhere, and are of the view that such criticisms are ill conceived. Despite the quota of 25, it is quite rare for 25 LEC hopefuls to leave these shores for the HWLS or Eugene Dupoch yearly.
Nevertheless assuming that, upon obtaining the LEC, 25 students return from the HWLS yearly, this would amount to the production of 500 lawyers over a period of 20 years. By what yardstick are we determining that such numbers amount to overload?
We must never forget that every area we hold dear, particularly the areas of science, medicine and technology, operates within a legal framework, and, that by virtue of the technical, specialised education they are exposed to, lawyers are best placed to ensure that such legal frameworks operate effectively, by applying the mechanisms which exist, and by making changes when changes become necessary.
We have also noted the concerns that this decision is being taken against the backdrop of revelations that some attorneys are errant in the repayment of their UG loan.
However, it is illogical to contend that the failure of past students to repay loans, justifies refusing financial assistance to students currently undertaking LEC studies. Are students who are not connected to the actions of their predecessors to be punished for a state of affairs they did not have a hand in creating? The question can only be reasonably answered in the negative.
It is against the foregoing that we again laud the efforts of the Government of Guyana in its representation of the interests of LLB students, and remain cautiously optimistic that such progressive undertakings will continue throughout the years.
Ultimately, we hold aspirations for the realisation of a local law school which, we believe, will circumvent the issues which continue to plague us, and create avenues for swifter improvement. In the interim, we are grateful.
Yours faithfully,
Chevy Devonish,
UGLS President
Patrice Wishart,
UGLS
Vice-President
and seven members of the UGLS
