Magistrates Code of Procedure Amendment Bill Passed to Modernize Justice System and Introduce E-Litigation

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Benjamin

The House of Assembly today passed Bill No. 2 of 2024, The Magistrates Code of Procedure Amendment, following a brief debate.

The legislation aims to modernize the legal framework governing magistrates’ courts in Antigua and Barbuda, introducing electronic filing (e-litigation) and streamlining the rule-making process.

Attorney General Steadroy “Cutie” Benjamin, who presented the bill, underscored its significance in aligning Antigua and Barbuda’s judicial processes with regional standards.

The bill empowers the Chief Justice of the Eastern Caribbean Supreme Court and two other judges to develop standardized procedural rules for magistrates’ courts, removing this responsibility from the Attorney General.

“This amendment will lead to greater efficiency, enhanced accessibility, and reduced costs in the administration of justice,” Benjamin said.

He emphasized that the bill would modernize the “Poor People’s Court,” which handles the majority of cases, by integrating it into the regional e-litigation system launched earlier this year.

The bill received bipartisan support, with both government and opposition members recognizing its potential to improve public confidence in the judicial system.

Opposition MPs welcomed the move to transfer procedural rule-making authority from the political directorate to the judiciary, viewing it as a step toward impartial and transparent justice.

However, some concerns were raised about possible overlaps in responsibilities. One MP questioned the need for the Minister of Legal Affairs to retain authority over certain financial matters, suggesting these could be streamlined further to avoid conflicts.

Benjamin addressed these points during the debate, reiterating that the changes are consistent with the Eastern Caribbean Supreme Court’s regional standards.

He explained that while administrative functions such as managing child maintenance funds would remain with the minister, procedural matters would be under the purview of the judiciary.

The bill passed with unanimous support in the lower house and now moves to the Senate for further consideration. Once enacted, the legislation will enable full integration of Antigua and Barbuda’s magistrates’ courts into the regional e-litigation system.

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