Dear Editor,
Article 199 (1) and (3) of the Constitution provides as follows:
“Art 199 (1) the power to make appointments to offices to which this Article applies and to
remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Judicial Service Commission…
“Art 199 (3) this article applies to the office of Commissioner of Title, Magistrate, Director of Public Prosecution, Deputy Director of Public Prosecution, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds, Deputy Registrar of Deeds…”
On the 4th day of May, 2014, the Judicial Service Commission appointed Ms Zanna Frank, attorney-at-law, to the position of Deputy Registrar of Deeds in accordance with Article 199 of the Constitution. This appointment was made after an application was received to fill that position and an interview duly conducted by members of the JSC on the 22nd of March, 2016. Ms Frank’s qualifications include a Certificate in Industrial and Social Science; a Diploma in Public Management; a Bachelors of Law Degree; and a Legal Education Certificate. On the 9th day of May, 2015, Ms Frank reported to the Registrar of Deeds to take up her position as Deputy Registrar but was informed by the Registrar that she will be unable to do because the Attorney-General has to formally introduce her to the staff. From that date to now, through a series of machinations engineered by the Attorney-General, this officer is being prevented from performing the functions of her office.
The Registrar of Deeds proceeded on her annual leave at the end of July 2016. In clear violation of Article 199 of the Constitution, the Attorney-General has since purported to appoint another person not as fractionally qualified as Ms Frank to perform the functions of Deputy Registrar of Deeds bearing the purported title of ‘Deputy Registrar of Deeds (acting)’. The Registry staff has been instructed that this person must perform the functions of the Registrar of Deeds in her absence and not the appointee of the Judicial Service Commission. In fact, instructions have been handed down that the appointee of the JSC must not be placed upon the payroll and, as a result, this young lady is yet to receive any salary.
The aforementioned described actions of the Attorney-General consist of a naked usurpation of the functions of the JSC and a gross violation of the Constitution. Not only does it undermine the independence of an important constitutional institution, but it interferes with the functional autonomy of a statutory body corporate, the Deeds and Commercial Registry, which is managed by a Board of Directors in accordance with the provisions of the Deeds and Commercial Registry Act. This trampling upon the Constitution and violation of the rule of law come from the state’s functionary whose responsibility is to advise the government to comply with Constitution and uphold the rule of law.
This is another exhibition of the rise of authoritarianism and discrimination which are rapidly being institutionalized in Guyana.
Yours faithfully,
Mohabir Anil Nandlall
