Latest update February 10th, 2025 2:25 PM
Court orders AG to appoint Board of Deeds and Commercial Registry
The High Court of Guyana has granted an Order Nisi of Mandamus on Attorney General and
Former AG, Anil Nandlall
Minister of Legal Affairs Basil Williams to appoint the members of the Governing Board of the Deeds and Commercial Registries Authority.
The matter, which was heard before Justice Brassington Reynolds, was filed by former Attorney General Anil Nandlall on March 6, last, and granted on March 8.
Nandlall was represented by Attorneys-at-law Mursaline Bacchus, Bibi Shadick, Priya Manickchand, Adrian Anamayah, Euclin Gomes, Sase Gunraj, Manoj Narayan, C.V Satram, Mark Conway, Sasha Mahadeo-Narayan and Rajendra Jaigobin.
In his application, Nandlall said that the Deeds and Commercial Registries Authority Act 2013, Act No. 4 of 2013 establishes the Deeds and Commercial Registry as a corporate body, to establish and promote the efficient and orderly operation of the Deeds Registry and the Commercial Registry, to establish the conditions governing the employment of officers and employees of the Authority.
He noted that Section 5(1) of the Act establishes a Governing Board of the said Authority, which shall have the function of ensuring the proper and efficient performance of the functions of the Authority.
The Board is supposed to consist of a Chairman, Registrar of Deeds, Registrar of the Commercial Registry, a nominee of the Ministry of Finance, a nominee of the Ministry of Finance, a nominee of the Ministry of Housing and Water, a nominee of the Guyana Bar Association, a nominee of the Guyana Association of Legal Professionals and a nominee of the private sector. The Chairman is appointed by the Minister of Legal Affairs.
Attorney General, Basil Williams
According to Nandlall, apart from the ex-officio members, the tenure of the members of the Governing Board who were last appointed during June 2013 expired in June 2016, and they were never re-appointed by the Minister, in accordance with Section 6 of the Act.
When he made the application, Nandlall said that the Board is non-functional, not properly constituted, and has not held a meeting for over a year. Further, Nandlall stated that the conduct by the Minister not to appoint a Board constitutes multiple breaches of the Deeds and Commercial Registries Authority Act. He added that an omission to perform such duties imposed by the said Act, constitutes an abuse of power, and conflicts with the policy of the Act and constitutes misfeasance in public office.
As a result of the Board not functioning, Nandlall said that there is inefficiency in the services rendered at the said Registries, which has an adverse impact on his practice and his ability to discharge his duties to clients competently and diligently.
In addition for an order to be granted compelling Williams to appoint members to the Board, Nandlall had also asked for an order nisi of Mandamus compelling the Board to discharge functions devolving upon it, in accordance with, and as mandated by the provisions of the Act.
Similar Articles
THE BLUNT OF THE DAY
Sports
Features/Columnists
Forward to the past
Peeping Tom… Kaieteur News-Guyana’s debt profile, both foreign and domestic, has become a focal point of economic... more
OAS Secretary General Election and renewed OAS Consensus
Antiguan Barbudan Ambassador to the United States, Sir Ronald Sanders By Sir Ronald Sanders Kaieteur News- The upcoming election... more
Weekend Cartoon
