Attorney-General (AG) Basil Williams has sought to distance himself from any direct interference in preventing Deputy Registrar of the Deeds Registry Zanna Frank from performing her duties, while contending that she has presented no evidence to support her claims against him in a recent lawsuit.
Frank moved to the High Court to challenge what she described as Williams’s directives that have prevented her from performing her duties as well as the appointment of Assistant Registrar Penelope Whyte as acting Deputy Registrar.
Registrar of Deeds Azeena Baksh proceeded on leave on August 2 and Assistant Registrar Whyte was appointed to perform her duties instead of Frank.
According to Frank, she has been reporting to work since June 20, 2016 and has not been allowed to perform her duties. She has also not been paid.
In his affidavit in answer, which was laid over to the court last Friday, Williams says that he and Whyte are not the proper parties to the motion, which should have named the Deeds and Commercial Registries as the respondent.
“…I am also advised and do verily believe that the applicant has failed to establish that I have prevented the applicant from performing her duties as Deputy Registrar of Deeds…” he states.
Frank, in her affidavit, said that when she turned up to work to take up her position, she was told that she needed to wait until she was formally introduced to the staff by the AG. Her appointment was to take effect from May 9.
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 her to divulge the names of those who performed the interviews as the Chancellor and Secretary of the Judicial Service Commission (JSC) “would normally do their own thing.”
Frank reportedly informed him at that point that the interview had been conducted by Justice Carl Singh, Chancellor of the Judiciary; Chief Justice Yonette Cummings Edwards; former Justice of Appeal Prem Persaud; former Justice of Appeal Lennox Perry; and Carvil Duncan, Chairman of the Public Service Commission. Frank said Williams elected to personally verify the validity of this 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.
Frank also noted that before the Registrar 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 staff meeting.
With regard to the non-payment of salaries and the assignment of Whyte to act in the absence of the Registrar, Human Resources Manager Shyam Doodnauth wrote and advised Frank that she needed to consult with the Minister of Legal Affairs (Attorney General). In relation to Whyte, one of the letters stated that she was appointed following Williams’ meeting with the Authority.
But Williams says Frank, in her affidavit, failed to disclose to the court that his Ministry is not responsible for the day to day operations of the Deeds Registry; rather, it is the Registrar of Deeds, under the Deeds and Commercial Registries Authority Act.
He also notes that the Deeds and Commercial Registries Authority is established as a corporate body with a Governing Board under Act. The Board, he adds, is charged with the function of ensuring the proper and efficient performance of the functions of the Authority, including to determine the job descriptions and specifications for officers and employees.
Under Section 7(3) of the Act, he further says, the Minister may give the Board general policy directives with respect to the discharge of its functions and it shall give directions to the directives.
The life of the Board expired in May and Williams says there is no provision in the Act that in the absence of the Board, he could exercise its supervisory function or give general policy directives to the Registrar. “I am further advised and do verily believe that the applicant has not shown any admissible evidence of any such directive given by me,” he adds, while noting that the correspondence referred to in her affidavit are inadmissible hearsay evidence.
‘Inappropriate request’
In response to her claims concerning Whyte, Williams said Frank also failed to disclose that the Deeds and Commercial Registries Act No. 4 of 2013 in section 13(2) provides that an Assistant Registrar shall have the power to perform the duties of the Registrar of Deeds, subject to the instructions of the said Registrar.
Williams says that the previously constituted Board had written the Judicial Service Commission in January indicating that it was recommending that Whyte be appointed Deputy Registrar of Deeds (ag). Williams admits that only in the previous month he had proposed that Whyte be appointed Assistant Registrar, following her application for the post.
However, he said that by letter dated January 12, 2016 to the Board, the Chairman of the JSC responded “harshly to what it considered an inappropriate and improper request.”
Whyte, who in addition to her 15 years at the Deeds Registrar also has 29 years’ experience in the Ministry of Legal Affairs, had applied to the Board for the Deputy Registrar position on December 22.
According to Williams, the JSC’s secretary had invited her to an interview on March 22 but she indicated that she would be out of the country. He says Whyte was told that the information would be passed on to the Chancellor and she would be informed of a decision. She said she never received any follow up communication and she informed the Chancellor and indicated that she would be back in the country on April 6 and would be available for an interview at the JSC’s earliest convenience.
He says the Chancellor replied through the JSC by way of a letter, dated March 31, and indicated that they had gone ahead with the interviews after being informed that Whyte was out of the country. “I am further informed by Ms. Penelope Whyte and verily believe that the JSC still had ample time to interview her but refused to do so and appointed the applicant who did not qualify for the post of Deputy Registrar of Deeds in accordance with the JSC’s published requirements,” he adds.
He submitted an ad published in Stabroek News on December 5, 2016, detailing the criteria: that the person must be an attorney at law with a minimum of three years’ experience in private practice or within the Supreme Court/Deeds Registrar/or Land Registry.
Whyte, who is not a practising attorney, also did not meet the criteria. She has five CXC subjects and is a sworn clerk and certified notary.
According to Williams, he was informed by Baksh that Frank’s appointment was “viewed with dismay by the Deeds Registry staff and that the applicant did not satisfy the minimum requirements advertised by the JSC.”
