The Deeds and Commercial registries are expected to be delinked in another year and a half with Registrar of Deeds Azeema Baksh hoping that this will lift the image of the Deeds Registry and keep it transparent and accountable.
The separation is in the works and it is expected that the two agencies will become autonomous bodies run by a board, which will be responsible for the hiring and firing of staff members, Baksh told the Sunday Stabroek in a recent interview. The Deeds and Commercial registries are currently housed in one building and headed by Baksh.
She said her support for the separation of the two registries lies in the need for institutional strengthening. “The separation, as far as my knowledge goes…we are going along with it and it is still happening, it is still going ahead…” Baksh said. She pointed out that a building has already been acquired to house the Commercial Registry on the top flat while the Land Registry will be in the bottom flat.
“I give it a year and a half because I don’t want us to rush into it in such a way where we avoid the operational mechanism that has to be put into place. We have to have a human resource department set up, we have to [ensure] we set up…the accounting section, we have to ensure we hire the right people…”
In a letter published in last week’s Sunday Stabroek, Leon O. Rockcliffe–who has a wealth of institutional knowledge about the Deeds Registry–had stressed the need for the two agencies to be separated. According to Rockcliffe, over the years the additional responsibilities of Registrar of Joint Stock Companies, Business Names, Bills of Sale, Patents and Designs, Trademarks and Trade Unions was placed on the Registrar of Deeds.
He pointed out that these activities form no part of the essential obligations of the Deeds Registry and the present position is that it is no longer possible for the Registrar of Deeds to discharge in an efficient manner, the basic demanding obligations under the Deeds Registry Act particularly on account of the amplitude of land transactions and the registration and recording of them.
“The most telling issue at the present is competition for operating space in the Registry office between the activities of Companies Incorporation/Business Names Registration/Intellec-tual Property involving Trade Marks Registration, all now envisaged under the title Commercial on the one hand, and those of the Deeds Registry proper. And clearly the Commercial Registry must be removed in deference to the essential and more basic national institution of a land titles, conveyancing and registration agency. There is no option. The situation is a desperate one!” Rockcliffe wrote.
According to Rockcliffe, the registry as a department of the government was established by Ordinance since January 1, 1920. Its functions were the registration of all deeds like Powers of Attorney, Deeds of Trust, Notarial Bonds, Deeds Poll used mainly for change-of-name purposes and the registration of Deeds of Gift; in fact all documents whose registration might render them admissible in evidence in the court.
He questioned why should these two entirely disparate activities fall under one authority and posited that it suggested an inability on the part of the Attorney General and Minister to separate the two departments in his mind and more significantly, “it raises grave concern on my part that he has not taken the trouble to visit the facilities at the general office and vaults of the Deeds Registry and see and appreciate for himself the ridiculously cramped conditions that are a home for the files of Companies and Trade Marks in particular – flat-filed in bundles, a patent sign of trouble.”
Sunday Stabroek contacted Attorney-General Anil Nandlall but he declined comment on the letter and indicated that Baksh and the consultant with the Inter-American Development Bank (IDB), which is providing funding for some aspects of the separation, should be contacted.
‘People’s mind at ease’
“…I think I would want to put people’s mind at ease, at least from a Registrar of Deeds perspective that our intention is to move forward to have a physical separation of the Deeds Registry and the Commercial Registry,” Baksh said recently. She added that she has great respect for Rockcliffe whom she acknowledged is very knowledgeable about the Deeds Registry and who she would turn to for advice.
“I quite frankly acknowledge Mr Rockliffe’s contribution towards where we are heading in relation to the Deeds Registry… I seek his guidance a lot…,” Baksh said adding that she often sought his advice when she is “in a corner”.
Baksh, who has been heading the registry for the past seven months, said where it was possible, she immediately implemented any advice Rockliffe gave and she understands his concerns about where the registry is and his skepticism about where it is heading. According to Baksh, Rockliffe was one of the persons who had called for the separation even before she came on board and this, they have acknowledged.
When separated, the two agencies are expected to be governed by a board whose members will be made up of representatives from the private sector, the bar association, the Berbice bar association, the ministries of Housing and Finance, the Registrar of Companies and the Registrar of Deeds. The agencies will be autonomous and no longer under the Ministry of Public Service and the Public Service Commission and it will be the board which will hire and fire staff and allow the agencies to implement codes of conduct and “regulate to some extent our own procedures in here.”
“That board will basically deal with the firing and the hiring of employees… [but] I will tell you this much as long as I am Registrar of Deeds, I will not allow the termination of employment and the severance payment [aspect] to go unnoticed,” Baksh said. However, she said, by virtue of the Deeds and Commercial Registries Authority Bill 2012 and the fact that its monies are sent to the Consolidated Fund, they would still be under the control of the Auditor General and the Public Accounts Committee, which she welcomes. She said it is good that they will still be under the control of those offices because it would keep them in check and balanced since they cannot “keep our eyes on every single things so you need those outside mechanisms to keep you in check…, our accountability, our transparency, that’s what the Publics Account Committee is for, that’s what our Auditor General’s Office is for.”
During discussions with staff members, Baksh said that they have tried as much as possible to address their concerns. They have been informed about how to go about the termination process if they so desire, they know what the package looks like and as such, are expected to make informed decisions, Baksh said.
‘Perceived as corrupt’
Meantime, Baksh, who is still wetting her feet in the new position, revealed that her intention is to convert the Deeds Registry to an agency that is respected, accountable and transparent. “We are so perceived as a corrupt agency, the general public in Guyana views the Deeds Registry as [corrupt],” she said bluntly.
Questioned about whether the public’s perception may have foundation, the registrar said that there was evidence before she arrived at the agency and even after she got there. She recalled that a cashier was recently charged with embezzlement. “I will be blunt to say that both sides of the arena are to be blamed when we talk about corruption, there is always the giver and there is always the taker and I have tried as much as possible to [say] to members of the public—as much as I speak to my staff on this—please don’t give my staff money, they are paid to do a job…” she said.
On the other hand, Baksh says she reminds her staff members that they are paid to do a job and while it may not be one of the best salaries, they must develop an attitude that if they choose to work in an agency they must be prepared to take what it pays. “And I have said to them that when you get tired of being nice to people… or you feel that the earnings that you are making is not sufficient for your qualification or experience then I would freely give you a recommendation to move on…,” she stated. She made it clear that she does not expect her staff members to stay at the registry in a way that brings “down the image of the registry.”
Baksh said she still finds it exciting and it is still something she believes in and she has managed to make minor changes even though there are some backlogs in relation to trademarks. They are in the middle of 2011 when it comes to trademarks but she has given a commitment to the PAC that by March of this year, they would complete their entire acceptance of trademarks and they are still on target to achieve this. They have been able to clear up all certificate backlogs, she said.
Baksh also revealed that they have implemented a system for lawyers to pay by cheque once the sum is $50,000 or more. This figure was set because some lawyers do not have a chequing account but Baksh added that if they want to pay even $1 by cheque it will be accepted. “It is a way of strengthening our accountability and transparency…,” she said. The Registrar also pointed out that they have an email system where they email lawyers when their matters are out of order but some lawyers are still to make their email addresses available.
Once the separation is completed and the agency becomes autono-mous, the registry will be extended and they will be able to hire more staff. At the moment one person is dealing with the out of order matters, Berbice registry matters and also the counter. “So basically she is manning three persons’ jobs and pretty much everybody in here operates at that level, so it is taxing for them but they are doing an excellent job at it,” Baksh revealed. She added that when the registry is moved, they will also have more space.
Meantime, Baksh pointed out that the staff was trained to identify counterfeit notes. “We are moving along in those little ways…we have been able to bring our business registration timeline to three days. Before that it was five days,” she said, while adding that for January the time returned to five days because it was the renewal period. The entity has also hired an additional security guard to manage the crowd and brought in more chairs as according to Baksh, simple things were needed and while these might not register as a big deal, they speeded up the process. “We did not have a lot of people complaining about the long lines…,” she noted.
Further, plans are on stream to start digitizing documents this year and currently they are dealing with the conveyance licences; a process funded by IDB and which began before she became head of the agency. The company’s registry is completely digitized.
Baksh noted that it was the Sandra Jones report which started the whole process with the IDB funding being based on that report. A key component of the report recommended training for staff and Baksh said she will get back to Jones about this and commence training this year.
One aspect of training will be done on corruption and its effects on competition and competitiveness and there will be a crash course on the new Deeds Registry Act.
Baksh was appointed under a cloud as it was later revealed that she did not have the qualifications sought by the Judicial Service Commission (JSC) in vacancy notices published in November 2010. The advertisement stipulated that to qualify for the position, the applicant should be an attorney-at-law with a minimum of five years’ professional experience or alternatively have ten years’ experience as an officer attached to the Deeds Registry as a Sworn Clerk and Notary Public. Baksh was admitted to the local bar in October 2007 and back then, did not have five years professional experience as an attorney.
Her appointment had been under discussion in legal circles since it was revealed that at the time the two senior persons at the registry were appointed acting registrar and acting deputy registrar by the Public Service Commission (PSC) and their contracts for the acting appointments were not up when she was appointed. The appointment of Baksh had effectively revoked those respective appointments. It was also noted that both of those persons have more than ten years at the registry and that one of them, who is also a lawyer, had applied for the job in 2010 but her application did not find favour with the JSC although she was interviewed for the job in June, around the same time as Baksh.
Asked whether she has been receiving full support from her senior staff members, Baksh said she might be “foolhardy” but she feels that she has received the full cooperation of her staff. She said people perceived that there might have been some aggression, but “I have not had it frankly speaking”.
She said they have become closer as a unit and “everybody does what they are required to do and we get the business of serving the public going.”
