Latest update November 8th, 2024 1:00 AM
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Red house lease was never gazetted, advertised
— It was a deliberate attempt to hide transaction—Attorney General
Attorney General and Minister of Legal Affairs, Basil Williams, has revealed that the invalid lease
Basil Williams, Attorney General and Minister of Legal Affairs
agreement for the Cheddi Jagan Research Centre (CJRC) to lease Lots 65-67 High Street, Kingston, Georgetown, which the Red House occupies was never published in the Official Gazette or advertised in national newspapers.
He said that this is contrary to the Deeds Registry Act.
The Minister made this disclosure during a press briefing last week. He said that this practice was a deliberate attempt by the parties involved to hide the transaction from the eyes of Guyanese.
He said that the then government knew that such a transaction was unlawful and illegal under the Laws of Guyana. Williams reminded that the lease was supposed to be for 99 years.
According to him, any lease for 21 years or more, under the Deeds Registry Act, must be executed in the manner of a transport. He explained that such transactions must take a transparent process of being published in the Official Gazette and advertised in a national newspaper.
The reason for this, the Minister explained, is that if anyone wants to make an objection to the transfer of land, they can file an opposition having seen the advertisement.
If no opposition is filed the transaction can be passed in open court, Williams added.
Moreover, Williams contended that according to Chapter 501 of Section 13, of the Deeds Registry Act, it is required that such a lease be filed in the Deeds Registry as a matter of record, and also be annotated in relation to
The Red House, High Street, Kingston.
the record of the land.
However, Williams highlighted that this was not done in the case of this lease since he has documents to prove that the last annotation in relation to those lands (Lots 65-67 High Streets, Kingston, Georgetown) was done back in 1925, and is still there.
He said that unless the lease is filed and annotated it cannot be pleaded in any court of law.
Williams stated that the case filed by lawyers representing the CJRC is asserting that the lease is valid when it is a nullity. He asserted that the case will not stand up in court since the lease is invalid, and anyone in the Red House building or purporting to use the building would have been a trespasser and had no legal right to a notice.
However, he said out of negotiations and courtesy the government gave CJRC almost two years of notice before acting.
Williams also reminded that no notice was given by the previous administration when it wanted to evict persons from government lands.
On December 29, 2016 President David Granger ordered that the lease for the building known as the Red House to the CJRC be revoked and that the occupants vacate the property by December 31, 2016.
However, the following day members of the People’s Progressive Party moved to the High Court and secured a conservatory order temporarily barring the removal of artifacts from the CJRC.
This order was granted by Chief Justice (ag) Yonette Cummings- Edwards.
The matter will continue of February 20.
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