AG wants to amend Constitution to remove

Jun 11, 2017 News

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JSC’s role in appointment of Deeds Registrar

By Abena Rockcliffe-Campbell
Attorney General Basil Williams is adamant that there is a flaw in the Constitution which is impeding on the doctrines of the separation of powers.

In this regard, Williams is speaking about the fact that the Constitution provides for the appointment of the Registrar and Deputy Registrar of Deeds to be appointed by the Judicial Service Commission (JSC). He said that the Deeds and Commercial Registry falls under the Executive, and therefore appointments should not be made by the judicial arm of the State.
The Attorney General said that efforts will be made to amend the Constitution in this regard.
Recently the JSC wrote Williams to inquire why he sought to discipline the Acting Deeds and Commercial Registrar, Azeena Baksh. Granted, Baksh is being criminally investigated, but the JSC still pointed out that that does not give Williams the right to take matter into his own hands.
The Commission noted that Article 199 (1) and (3) of the Constitution stipulates that it is the 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, 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.
Williams was recently asked to comment on the matter.
He articulated, “The appointment of the Registrar and Deputy Registrar is governed by the Constitution and that provision in the Constitution was carried over to the Deeds and Commercial Registry Authority Act.”
Williams said that it is an anomalous situation where the JSC is empowered to make appointments at the Registry because “it (the Registry) is an independent executive organization. It is part of the executive, and yet you have the JSC that is within the judiciary, appointing the top two persons even without reference to the minister. Obviously that is a gross breach of the doctrine of the separation of powers. The Deeds and Commercial Registry falls under the executive, this organization appoints and pays its own staff.”
Williams noted that the Constitution once had different provisions.
“There was an amendment. That was sometime between 1997 between and 2003. It was introduced into the Constitution and it was something that goes against the grain of the Constitution and against the doctrine of separation of powers.”
Williams continued “you are actually having now interference into the executive by the judiciary.”
The Attorney General said that he plans to make moves to correct what he referred to as an anomaly. However this does not call for just an amendment Bill that can be passed in the National Assembly based on a simple majority. This will require a two-thirds majority, which the coalition government does not enjoy.
However, Williams noted, “we can go to court with the matter.”
Acting Deeds and Commercial Registrar, Azeena Baksh, was recently ordered to post $250,000 bail after she pleaded not guilty to a charge which alleged that she obtained money by false pretence. The 30-year-old appeared in the Georgetown Magistrates’ Courts.
Particulars of the charge against her stated that while being a member of the JSC between May 1, 2014 and January 31, 2017, with intent to defraud, she caused or procured valuable securities to the sum of $4,534,480 to be delivered to her bank of Nova Scotia account #281469; or to her own use and benefit by falsely pretending she was a contracted employee of the Deeds and Commercial Registry Authority.
It was staffers at the Deeds Registry who called upon the Ministry of Legal Affairs to investigate their complaints of alleged financial improprieties committed by Baksh.
The complaints were referred to the CID Headquarters through Crime Chief Wendell Blanhum. According to the Ministry, the Human Resource and Accounting Departments 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 knowing that she was a pensionable employee, having been appointed by the JSC.
“Registrar Baksh further unlawfully paid herself a higher salary than was approved by the JSC,” the Ministry claimed.
The Ministry of Legal Affairs stated that the Deeds Registry officers alleged that these payments started since 2014 and continued up to early this year.
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.

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