President David Granger has said that it is up to the Judicial Service Commission (JSC) to decide if the qualifications of attorney Zanna Frank satisfy the criteria which have been laid down for the post of Deputy Deeds Registrar.
Speaking during the recording of this week’s edition of “The Public Interest,” which is to be broadcast today, Granger said that while he does not wish to speak on the appointment of a single person or address arguments made by either the current or former Attorney-General (AG), “it is up to the JSC to examine her qualifications to see whether they satisfy the criteria which have been laid down.
“As you know, in most western jurisdictions there is a line between the judiciary, which is one branch, and the executive, which is another branch of government. What the AG has pointed out is the fact that there is a blurring of the line between the judicial branch and the executive branch. He has raised the matter… it hasn’t come before Cabinet and I don’t want to comment on the appointment of a particular person. It is up to the JSC to examine her qualifications to see whether they satisfy the criteria which have been laid down. I don’t think there is any mechanism for voiding the appointment if the actual appointment is flawed but when the AG brings it to Cabinet, if it requires a change in the law and we feel that that is a more efficient way of governing the country, we will proceed in that direction,” Granger said, when asked to comment on the situation.
On Monday, Frank moved to the High Court to challenge directions given by AG Basil Williams that have prevented her from performing her duties. She has also challenged Williams’ appointment of Penelope Whyte as acting Deputy Registrar although she is not an attorney.
On the same day, Williams claimed that Frank did not meet the criteria for the position and was being used as a pawn.
“For the JSC’s appointment, they require three years’ experience in your private practice as a lawyer, or in any one of the registries. Ms Frank has none. She’s not a lawyer of three years, she is not even a lawyer of two years, but what I’m saying is that I’m sorry for her because she’s being used as a pawn,” he said.
Frank was on May 4 appointed to the post of Deputy Registrar by the JSC, in keeping with the provisions of Article 199 (1) and (3) of the Guyana Constitution.
In an affidavit to support her motion for judicial reliefs, Frank, whose appointment was to take effect from May 9, said she had turned up to work to take up her position, only to be told that she needed to wait until she was formally introduced to the staff by the AG.
Frank stated that a week later, she attended a meeting with Williams at his office to enquire about her appointment and was informed that he was unaware of such and asked to divulge the names of those who performed the interview as the Chancellor and Secretary of the Judicial Service Commission “would normally do their own thing.”
Frank said Williams elected to personally verify the validity of the information and indicated that he would sort out the issue and get back to her.
When May 30, arrived and there was no word, she made the decision to enquire from Bharati Deo, Secretary to the JSC, about Williams’ refusal to allow her to take up her position as Deputy Registrar.
Following the publication of a notice about her appointment in the Guyana Chronicle shortly after, Frank reported for duty on June 20 and was allowed to occupy the office. She stated, however, that although she has been carrying out all her functions and duties since that time, she has still not been paid for her services.
“I am of the belief that the Minister of Legal Affairs is deliberately taking steps to prevent me from functioning as Deputy Registrar even though I was appointed by the Judicial Service Commission in accordance with Article 199 (3) of the Constitution of the Cooperative Republic of Guyana,” she stated in the document.
Frank also noted that before Registrar of Deeds Azeena Baksh proceeded on leave on August 2, she sent correspondence outlining the delegation of duties in her absence, in which she suggested her portfolio be passed on to the Deputy Registrar of Deeds and the duties of Deputy be passed to the Assistant Registrar. What instead occurred was that the duties of acting Registrar, including being in charge of the Deeds Registry and the certification and passing of all Transport, Mortgages and Cancellation of Mortgages, were passed to Assistant Registrar Whyte. The announcement was made by Baksh on June 29 during a company meeting.
Frank relates that when she asked Baksh what her functions would be, seeing as she is Deputy Registrar, she was told she did not know, but that it was up to her.
When in August Frank would send out correspondence questioning the non-payment of her salary and looking into arrangements for transportation to carry out her duties in Baksh’s absence, Human Resource Manager Shyam Doodnauth indicated to her that all directions were granted by the minister, who instructed that Whyte be appointed Registrar of Deeds in the absence of Baksh.
