Supreme Court of Judicature Act affects judges’ discretion to impose fines

Lisa Shoman

As we have reported, government is amending the Supreme Court of Judicature Act, which deals with Contempt of Court. The Senate last Tuesday passed the bill and it is expected that in the next few days it will be signed into law by the Governor General. The act is raising eyebrows because it appears to be unnecessary since there were already protocols in place to deal with cases of contempt of court and there are far more pressing issues of national importance.  Senator Lisa Shoman says the act takes away the judges’ ability to use their discretion when deciding on penalties. According to Shoman, the act widens the extent of the offence, brings harsher repercussions and extends to jurisdictions other than Belize. She gave more details on the act and why she and other senators do not support it.

Lisa Shoman, Senator

“It sets out to strengthen the offence of contempt. Contempt of Court is a very specific offence which has to do with an act or an omission which flies in the face of the court, which is a deliberate act, which is designed not to hold up the court to the high standard that it is supposed to have. It is an act or omission which flaunts an order of the court, which disobeys an order of the court, which does something the court says you’re not supposed to do or doesn’t do something the court says you’re supposed to do. Or it is an act or omission which deliberately holds up the court to some kind of ridicule, embarrassment or disrespect. We do not see at this point in time why there was need for such a piece of legislation; one. And two, if there was such a need then it needed to be demonstrated and three, then it needed to be consulted with the stakeholders, with the judiciary, with the Bar Association and it needed to be made known to all so that people can understand what it is that the law was seeking to do. No one disputes that the House of Representatives and the Senate, what is called parliament has the right to make laws—that is in the constitution; they have the right to make laws—but those laws are supposed to be for the peace, good order and good governance of Belize. If you cannot demonstrate to me why a law is needed for the good order and good governance of Belize, why are we passing a law?”