Latest update April 25th, 2024 12:59 AM
Aug 16, 2016 News
In March, she was interviewed for the position of Deputy Registrar of the Deeds Registry by the
Judicial Service Commission (JSC). Now, more than four and half months later, Attorney-at-Law Zanna Frank has gone to court, asking the Ministry of Legal Affairs and Attorney General Basil Williams, to explain why she was not allowed to do her job.
Frank was reportedly granted court orders yesterday asking the Attorney General to provide reasons for his actions.
The matter is heading towards a collision course between the Attorney General’s Chambers and the commission, a constitutional body, with the Government official believing that the appointment of Frank was not legal.
The matter was first raised publicly yesterday when former AG, Anil Nandlall, in a letter to the editor, complained that Frank was being illegally sidelined, despite JSC being the authority for appointments to the Deeds Registry.
Later yesterday, Williams in a press conference at his Carmichael Street office expressed concerns about the appointment, and signaled his intentions to examine the revision of JSC powers with regard to the appointment of Registrars of the Deeds Registry.
“I think that that is something we have to move quickly to remove from the law,” Williams said at the press conference.
He pointed out that the Deeds and Commercial Registry is an autonomous body which falls under the executive arm of the state, while the JSC falls under the ambit of the judicial arm of the state. The AG argued that JSC’s appointment powers were an anomaly that was introduced by the previous administration. However, he said, the 1996 and 1980s constitutions do not make these provisions.
“There was this struggle with the Chancellor and the Registrar at the time…as to who had the line control of the Deeds Registry and the Supreme Courts Registry also.”
The appointment of Frank as Deputy Registrar by the JSC was out of jurisdiction, Williams contends. “The JSC was acting excessively and out of their jurisdiction.”
The Minister insisted that he was not consulted on the appointment. Frank claimed she has a certificate in Industrial and Social Science: a diploma in Public Management; an LLB- Bachelors of Law Degree; and LEC- Legal Education Certificate.
Williams argued that the appointment by the JSC violated the advertised requirements for the position. The advertised position required an Attorney-at-Law with three years or more experience in private law or three or more years in the Deeds, Commercial or Supreme Court Registry.
“Ms Frank obviously is being used as a pawn in an attempt to disrupt the smooth functioning and effectiveness of the Deeds and Commercial Registry authority which I had set in train as Attorney General,” Williams said.
The AG noted that his administration had inherited a Registry that was “in total disarray” with “low morale” among staff, but the office of the AG has since restored confidence in the registries.
“What we did at the level of the Board or Authority, we had the senior staff attend (meetings) and several decisions were taken about the promotions, etc,” Williams explained.
PROPER
However, in a Notice of Motion filed yesterday in the court, Frank insisted that she was properly interviewed by the JSC and approved for the Deputy Registrar. She tendered evidence including confirmation letters from the commission dated May 4th and 13th, 2016, which disclosed her salary of over $300,000 monthly plus duty free concession every three years.
Frank claimed that she was interviewed by Justice Carl Singh – Chancellor of the Judiciary (Ag); Justice Yonette Cummings Edwards – Chief Justice (Ag); former Justice of Appeal Prem Persaud; former Justice of Appeal Justice Lennox Perry and Carvil Duncan – Chairman of the Public Service Commission.
The new Deputy Registrar, in her court documents, said she reported to the Registrar of Deeds, Azeena Baksh, on May 9th, but was unable to do so, since “the Registrar informed me that the Attorney General had to formally introduce me to the Staff of the Registry”.
Frank said that on May 16th, 2016, she attended a meeting with the AG who told her that he was unaware of the appointment as Deputy Registrar by the JSC.
She claims that “the Minister of Legal Affairs then informed me that he will enquire from the members of the Commission personally to verify if what I said was true. Before the conclusion of that meeting, the Minister of Legal Affairs stated that he will have to sort out the issue with the Judicial Service Commission and will get back to me.”
Frank waited, but the end of May came and there was no word from the Minister or the Registrar of Deeds Registry about the appointment.
Frank said she wrote Bharati Deo, JSC’s Secretary, on June 1st, to “enquire about the refusal of the Minister of Legal Affairs and Registrar of Deeds to allow me to take up my appointment as Deputy Registrar of the Deeds Registry”.
NO SALARY
The commission shortly after published the appointment in the Guyana Chronicle.
Frank claimed that on June 20th she decided to report for work and was allowed to occupy the office designated for the Deputy Registrar. She has since been reporting for duties.
However, Frank claimed that she was not placed on the payroll as the Registrar was awaiting word from the Attorney General. She has not to date received a salary.
Frank said in the court papers that it was all the AG’s doing.
“… 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.
Frank claimed also, that she was overlooked earlier this month when the Registrar proceeded on leave and the Assistant Registrar, Penelope Whyte, will essentially be performing the duties.
Frank said she sought legal advice from her lawyer, Senior Counsel Bernard De Santos, who said that Whyte cannot perform the duties of the Registrar and Deputy Registrar.
Jagdeo giving Exxon 102 cent to collect 2 cent.
Apr 25, 2024
By Rawle Toney Kaieteur Sports – The French Diplomatic Office in Guyana, in collaboration with the Guyana Olympic Association and UNICEF, hosted an exhibition on Tuesday evening at the...Kaieteur News – Dr. Bharrat Jagdeo, the General Secretary of the People’s Progressive Party, persists in offering... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]