Improving justice for business' sake
Published: Wednesday | July 15, 2009
THE TARDY administration of justice in Jamaica - as demonstrated in the case of Paymaster vs GraceKennedy/Bill Express - is of grave concern to business communities, not only in Jamaica, but also in the United States and other countries which contemplate doing business with Jamaica. And this is doubly so in the area of information technology which is driving the world's current industrial revolution.
The prospect of waiting 10 years or more for litigations to be concluded in the courts will scare away most serious investors from the industrialised countries. For example, this and lack of the legal framework to protect intellectual property rights in developing countries are the constant concerns in the business communities in America. The notable exception is India, where Indian entrepreneurs from the US impacted their government to make these issues priority.
Truly impressive
As a result, the contributions to India's recent economic growth and development have been truly impressive. In this context, Jamaica has convenient proximity to the US - as near as another state, same English language and the strongest brand identity as a getaway for US citizens.
But justice delayed is justice denied! And this impacts the Jamaican society negatively in so many ways. For the ordinary citizen, the tardy dispensation of justice impel some to seek quicker recourse, and this sometimes leads to crude and violent means. This, no doubt, leads to more crudeness and violence in the general society.
This also has grave consequences for small businesses when trying to compete with bigger businesses and there is a wide gulf in resource base. This can easily mean the death of the very smaller litigant.
Serious loss
In instances of corporate litigations, companies haemorrhage valuable goodwill and brand impairments when the cases drag out in the media for extended periods. In a competitive world, goodwill and brand developments are achieved at great expenses and persistent, costly efforts. The consequences of these are serious loss of market share and sales of company's products, for the litigants in these tardy legal processes.
It is imperative that the government priorities include critical improvements of justice.
I am, etc.,
W.W. Wood
Atlanta, US
florissano1@hotmail.com