Attorney General caught in violation of Constitution

May 22, 2017 News

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…JSC requests explanation on disciplining of Registrar of Deeds

By Abena Rockcliffe-Campbell

Article 199 (1) and (3) of the Constitution of Guyana, stipulates that it is the Judicial Service Commission (JSC), and only that body,  that is empowered to make appointments, to remove and exercise disciplinary control over the acting or substantive Registrar of Deeds.
However, Kaieteur News is in receipt of documents indicating that Attorney General (AG) Basil Williams, who is the Chief Legal Advisor to the Government, has himself violated the very Constitution he swore to uphold.
The JSC has since asked Williams for a report on the matter.
Documents indicate that strapped with instructions from Williams, Head of the Human Resources Department at the Deeds and Commercial Registry, Althea Abrams, directed the Registry’s staff to report to the Deputy Registrar of Deeds, Zana Frank.
This was done without informing the acting Registrar of Deeds, Azeena Baksh, who is currently ill due to pregnancy-related complications.
Kaieteur News is in receipt of a memo which states, “It is directed that Ms. Azeena Baksh should not be signing off any official documents for or on behalf of the Deeds and Commercial Registry Authority. These documents must be signed off by Ms. Zana Frank.”
Further, the memo reminded staffers that unlike Baksh and Frank, they are Registry employees and as such, they are bound to follow the instructions of the Board and in the absence of the Board, the Ministry of Legal Affairs.  Employees were cautioned that failure to act in accordance with the memo will result in “disciplinary action.”

The memo stated that Baksh has been sent on Administrative leave.  However, this newspaper was reliably informed that Baksh has not received any memorandum from the JSC.  The Attorney General has no authority to send Baksh on Administrative leave.
Baksh has been on medical leave for the last week, and is expected to remain on medical leave for another two weeks. Baksh has submitted her medical indicting the reason for her absence.
However, this newspaper has been told that the locks to Baksh’s office have been changed to prevent her from gaining entry upon her return from medical leave.
Sources close to the JSC told this newspaper that Baksh has been regularly writing the Commission. It is assumed that she has been keeping her employers updated on all developments.
Kaieteur News tried repeatedly to contact Williams on Saturday, but to no avail.
Baksh was appointed to the position of Registrar of Deeds, Deeds Registry by the Judicial Service Commission with effect from July 16, 2012. In April, the Ministry of Legal Affairs indicated that the Criminal Investigation Department (CID) of the Guyana Police Force is investigating allegations of corrupt practices perpetuated by Baksh.
It was the Ministry of Legal Affairs that put the matter in the hands of the police. The Ministry said that staff of the Deeds Registry “called upon the Ministry of Legal Affairs to investigate their complaints of alleged financial improprieties” committed by Baksh.
The Ministry said that it referred the complaints to CID through Crime Chief Wendell Blanhum.
According to the Ministry, the Human Resource and Accounting Departments have complained that as Head of the Budget Agency and sole person in authority to approve and sign off the payroll of the Deeds and Commercial Registries Authority and one of the main signatories on the Authority’s Bank Account, the Registrar unlawfully paid herself gratuity. It is alleged that she did this well knowing that she was a pensionable employee having been appointed by the Judicial Services Commission (JSC).
“Registrar Baksh further unlawfully paid herself a higher salary than was approved by the JSC.”
Legal Affairs stated that the Deeds Registry officers have disclosed that these payments started since 2014 and continued up to the present. The payments amount to some $4.5M.
The Deeds Registry has also laid over with the Ministry of Legal Affairs documents revealing that Baksh “out of revenue due, owing and payable to the Authority in or around the sum of $8.5M, unlawfully waived the sum of $7M upon the request of an Attorney-at-Law, who paid only the sum of $1.5M.
Baksh hired Nigel Hughes to be her legal representative.  Hughes told the media that Baksh has since provided all the documentation related to the Cabinet decision, the offer of severance and the payment of her salary.
Baksh’s Attorney noted that during her visit to CID office, the investigators did not raise any allegation of a waiver of fees or waiver of any monies due to the Registry or the government and no related questions were put to her.

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