Attorney General and Minister of Legal Affairs, Anil Nandlall, SC, has unveiled plans for significant amendments to several key pieces of legislation, including the 1893 Evidence Act, the Companies Act, and the Trust Law. These updates are aimed at modernizing outdated laws and aligning them with contemporary legal, economic, and technological realities.
During his weekly appearance on the “Issues in the News” program, Nandlall emphasized that many existing laws have lost their relevance in today’s world and require urgent modernization. He confirmed that crucial changes are expected to take effect by 2026.
Overhaul of the Evidence Act
Nandlall highlighted the pressing need to reform the Evidence Act, which is based on a 1893 law from the United Kingdom. He remarked, “Nothing that was relevant in 1893 can be relevant now,” emphasizing that the current Evidence Act is outdated and was designed for a different era. With the shift towards digitalization, he noted, “A modern Evidence Act must reflect this new reality.”
Under the proposed new legislation, the methods by which evidence is stored and presented in courts, tribunals, and other judicial and quasi-judicial bodies will undergo significant transformation. “A new Evidence Act is long overdue and is already in use in many countries around the world,” Nandlall asserted.
Updates to the Companies Act
In addition to the Evidence Act, the Attorney General addressed the necessity of amending the Companies Act. While he acknowledged that the current law, in place for over 30 years, has provided a solid foundation, he pointed out that the commercial landscape has changed dramatically. “We have new and critical concepts that have emerged in commerce and business practices, particularly in areas like money laundering,” he explained. “Our laws must be updated to meet international standards.”
Consultations regarding the proposed amendments to the Companies Act have already commenced, involving legal professionals, the accounting profession, and the Private Sector Commission.
Introduction of a Trust Act
Nandlall also touched on the absence of a formal Trust Act in Guyana, which he identified as essential for the nation’s growing economy and expanding financial sector. He stated, “The doctrine of trust and the machinery of trust are crucial components of equity law and are used for a variety of purposes.” With the economy continuing to evolve and the financial sector becoming increasingly sophisticated, he emphasized the importance of implementing legal mechanisms that a Trust Act offers to safeguard the financial system.
Nandlall concluded by underscoring that these legislative reforms are vital to ensuring that Guyana’s legal framework remains modern, competitive, and adept at addressing the requirements of a rapidly changing global economy.
