Evidence, Companies Acts to be updated; Trust Bill coming – AG Nandlall

Key pieces of legislation, including the Evidence Act and the Companies Act, will be strengthened and reformed as part of the government’s expansive legislative agenda for 2026, according to Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC.

Speaking on his “Issues in the News” programme on Tuesday evening, Minister Nandlall highlighted updating the Evidence Act as a priority, since the existing one was enacted during the British colonial rule over two decades ago.

“Nothing that was relevant in 1893 can be relevant now. So, by the sheer passage of time, the Evidence Act is outmoded and outdated,” he stated. “That act was born out of a different era. We are now living in an ICT world.”

A draft of a modern Evidence Act, based on an internationally recognised model (Australia), has been completed and is expected to be taken to cabinet before public consultations begin.

“Barbados and many countries in the Caribbean have already enacted similar legislation,” the AG pointed out.

Amendments are planned for the Companies Act, created in 1995. Though the law has worked well for Guyana, changes in finance and more complex business practices require updates.

According to the attorney general, consultations have already begun with the legal profession, accountants, and private-sector stakeholders.

Another major reform will be the introduction of Trust legislation. Guyana currently has no law governing trusts, despite its importance in financial and commercial matters.

“Our economy is growing, our financial sector is expanding and becoming more sophisticated, and we must have the mechanisms that the Trust Act provides to protect our financial system. In any event, the Financial Action Task Force has already identified the lack of a trust law in Guyana as a critical deficiency, and we have to fill that deficiency very early,” he said.

Guyana’s Cybersecurity Act will be revised to align with evolving international standards, including the new UN Convention on Cybercrime. The update aims to strengthen the country’s capacity to combat online offences while safeguarding freedom of expression.