Attorney General denies obstructing work of Deputy Deeds Registrar
Attorney General Basil Williams
Attorney General Basil Williams

– but maintains she is unqualified for the job

BY virtue of an Affidavit in Answer filed in the High Court, Attorney General and Minister of Legal Affairs Basil Williams has once again denied aversions made by Deputy Deeds Registrar Zanna Frank that suggested he gave directions for the Judicial Service Commission (JSC) to appoint Penelope Whyte to the post of Deputy Registrar of Deeds (ag).

Deputy Deeds Registrar Zanna Frank
Deputy Deeds Registrar Zanna Frank

Frank earlier this month moved to the High Court to have the directive preventing her from functioning removed. The Deputy Deeds Registrar alleged that Williams attempted to block the decision of the JSC to appoint her, but instead influenced the appointment of Penelope Whyte as the acting Deputy Registrar, though she is not an attorney.
But Williams has maintained that Frank is unsuitable for the post. In his Affidavit of Response, dated August 26, he has asked for her application for the Writs of Certiorari, Mandamus and Prohibition to be discharged.
According to the Affidavit, Registrar of Deeds Azeena Baksh, by virtue of a letter dated December 1 and addressed to Williams, indicated that only a Deputy Registrar can act on her behalf when she proceeds on vacation. Baksh, according to the Affidavit, suggested a “virtual shutdown” of the Authority if she were to proceed on leave and not have a Deputy Registrar in place.
Williams submitted that the suggestion by Baksh was “erroneous, since by virtue of Section 13 (2) the Assistant Registrar of Deeds could perform the functions of the Registrar of Deeds, subject to her instructions.”
In November 2015, Penelope Whyte, who is said to have 15 years experience in the Deeds Registry and 29 years in the Ministry of Legal Affairs, had applied to the board for the post of Assistant Registrar of Deeds.
Additionally, by virtue of a letter dated November 16, 2015, Registry Supervisor of the Deeds Registry Aretha Quinn wrote the Secretary of the Board complaining about the trend of sidelining persons for unknown reasons and the need for employees to be treated fairly based on their experience, qualifications and in accordance with workers’ rights.
As a result of the letters, the board at its meeting on December 10, 2015, discussed the content and supported the Minister of Legal Affairs proposal to appoint Whyte the Assistant Registrar of Deeds on the grounds that the holder of the post must have an LLB Degree and two years experience in conveyancing or 10 years experience in the authority.
At the same meeting, a decision was made to write the JSC about the urgency of appointing a Deputy Registrar of Deeds as Baksh’s absence would result in a “back-up of transports to pass” as advised by Baksh.
On January 8, 2016, it was decided that the Secretary of the Board, Shyam Doodnauth, should write the JSC about the urgency of appointing a Deputy Registrar and advised that the board recommend that Whyte, Assistant Registrar of Deeds, be appointed Deputy Registrar of Deeds (ag).
“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,” Williams said via the Affidavit. He said he was informed by Whyte that she had applied to the JSC for the post of Deputy Registrar of Deeds after seeing an advertisement in the Stabroek News.
Whyte e-mailed Chancellor Carl Singh (chairman of the JSC) informing him that she had received a call from the JSC’s secretary inviting her to an interview on March 22. She indicated that she would have been out of the jurisdiction. The JSC’s secretary said that the information had been passed on to the Chancellor and she (Whyte) would be informed of his decision.
Whyte never received a response, but indicated that she would return on April 6, 2016, after which she could attend an interview soonest.
The Chancellor replied through the JSC, by letter dated March 31, informing Whyte that the JSC had gone ahead with the interviews as per schedule after being advised that she was going to be 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,” said Williams in his response.
Williams said he was informed by Baksh that Frank’s appointment was “viewed with dismay by the Deeds Registry staff.”
According to the requirements advertised, the post should have been filled by “An Attorney-at-law with a minimum of three years experience in private practice or within the Supreme Court or Deeds Registry or Land Registry.”
Williams noted that he was unaware of any appointment being made by the JSC and noted that when he saw Frank, he recognised her as one of several lawyers who had been interviewed by a panel of senior officers at the AG’s chambers and Ministry of Legal Affairs for the post of State Counsel. She was unsuccessful in her application.
“I am advised and verily believe that the applicant failed to disclose to the Honourable court that the Ministry of Legal Affairs is not responsible for the day-to-day operations of the Deeds Registry and 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.”
He argued that Frank has failed to establish that he prevented her from performing her duties as Deputy Registrar of Deeds, which she says she has been doing since June 20, 2016.
Meanwhile, Williams argued that averments made by Frank are “inadmissible documentary hearsay,” while noting that he does not pay salaries under the Act. The Deeds and Commercial Registries Authority was established by the Deeds and Commercial Registries Act and is a corporate body with a governing board. Section 7 (1)of the Act provides the functions of the board as it relates to the Deeds Registry; these include determining job descriptions for officers, hiring, disciplining and dismissing of officers and determining conditions of service, including remuneration with the approval of the minister.
Section 7 (3) of the Act states that the “Minister may give the board general policy directives with respect to the discharge of its functions under this Act as he considers necessary and the board shall give effect to the directives.”
He said there is no provision in the Act which states that in the absence of the board the Minister of Legal Affairs could exercise the boards’ supervisory function over the Registrar of Deeds. Williams argued that Frank has failed to establish that any order or decision was made by him to appoint Whyte or any other person to act as the Deputy Registrar of Deeds (ag) or Registrar of Deeds (Ag) as alleged or at all.
The Attorney General added that since all Orders Nisi were granted on the basis of Doodnauth’s hearsay evidence that on June 22, 2016, he appointed Whyte Deputy Registrar and Registrar of Deeds (AG). Williams made it clear that he was out of the jurisdiction. “…I was in the Republic of Korea, continents away,” he said, while pleading that the Orders Nisi should be discharged.
He charged that Frank “maliciously seeks” to involve him in the operation of the Deeds Registry when in fact Baksh and Doodnauth are part of the daily management of the Registry. “In the circumstances, I am further advised by the Attorneys-at-Law and do verily believe that Orders Nisi granted on 15th day of August, 2016, ought to be discharged with substantial costs awarded to the respondent.”

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