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Aug 17, 2016 News
One day after announcing intentions to review the powers of the Judicial Service Commission (JSC)
to appoint critical justice officials, Minister of Legal Affairs and Attorney General (AG), Basil Williams, is facing a backlash.
His predecessor, Anil Nandlall, yesterday insisted that the commission has no obligation whatsoever to consult with the AG on appointments.
In a scathing statement, Nandlall, an attorney-at-law and Member of Parliament for the People’s Progressive Party (PPP), also accused the AG of attempting to interfere in the independent workings of the JSC, a body that comprises a number of judges.
The clash was sparked by news that Zanna Frank, an attorney-at-law, was rejected and prevented from carrying out her duties at the Deeds Registry for more than four months, despite being interviewed and appointed by JSC since March. She was later allowed to take office, but has not been paid.
This week, Frank successfully applied to the High Court, asking the AG to explain why she was prevented from doing her job.
On Monday, the AG during a press conference at his office made it clear that he believes that the JSC exceeded its powers to make the appointment and in any case, the Deputy Registrar, was not qualified enough. Further, his office was not consulted. He wants the powers of JSC to be reviewed and reduced.
The case would cause ripples, as the JSC is an independent constitutional body.
Yesterday, Nandlall in a strongly worded statement explained that Article 199 (1) and (3) and Article 226 (1) of the Constitution give the JSC powers to appoint.
“As a matter of fact, another article, 199 (3), explains that the 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…”
With regards to the running of the commission, Article 226 (1) makes it clear that it shall not be subjected to the direction or control of any other person or authority.
“The response of the Attorney General has been characteristically untutored. It is obvious that, initially, he was unaware of the provisions of Article 199 of the Constitution. This is evident by the fact that he purported to appoint someone to function in that office.”
With regards to claims by Williams that he was not consulted by JSC, Nandlall pointed out that while this may be true, there is no obligation placed upon the commission to consult with the AG or any other person in respect of this appointment.
“Secondly, he alleges that the JSC was acting excessively and out of their jurisdiction. This contention is incomprehensible. A tribunal acts in excess of and without jurisdiction if it makes a decision that it has no lawful power to make.”
Nandlall stressed that it is clear that, contrary to the AG’s claims, the Deputy Registrar was qualified.
“In fact, Ms. Frank may have been overqualified for that position. In any event, it is the JSC and no one else, who is empowered to assess her suitability for the job. They have done so.”
The former AG said that the outburst by Williams amounts to a “most uncouth, unethical and unprofessional onslaught” upon a young female attorney-at-law by a person considered to be the head of the bar.
“The learned Attorney-General demonstrates no regard for the sub judice principle, publicly, expressing his views on the merits of a case that is pending in the Court. I note the silence of the Guyana Bar Association and the Guyana Women’s Lawyers Association on these gross transgressions.”
Nandlall also questioned the AG’s objections over the appointment power vested in the commission.
“He wants these powers away from the JSC. This is an expression of the authoritarian’s intolerance of a divergence of power by the Constitution away from the Executive into an independent commission over which the Executive has no influence.”
Nandlall also denied that the present administration inherited a “mess” at the Deeds Registry.
“I will furnish the details on another occasion. Suffice it to say, that he (the Attorney General) inherited a modern, well-equipped and properly staffed Commercial and Deeds Registries consolidated into a singular unit, the Deeds and Commercial Registry Authority, a statutory body corporate managed by a competent Board of Directors nominated by important stakeholders, along with an additional and renovated building which formerly housed the New Building Society Limited on Avenue of the Republic, Georgetown.”
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” …. This is evident by the fact that he purported to appoint someone to function in that office.”
JUST ADMINISTERING A STRONGER DOSE OF YOYR OWN MEDICINE, Anil?