Re: Attorney General caught in violation of Constitution

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Former Member

Attorney General caught in violation of Constitution

May 22, 2017 News 0 Comments

…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.”

Deeds Registrar (left) in the company
of Attorney General, Basil Williams

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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Former Member

this AG always in some shit

5/22/1711:35 AM

Former Member

The Judicial Service Commission

199.	(1)	The power to make appointments to the offices to which this article applies and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Judicial Service Commission.
	(2)	The Judicial Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more of its members or to any person holing or acting in an office in respect of which power to make appointments vested in the President acting in accordance with the advice of the Commission or to which this article applies.
		Amended by Act No. 17 of 1984 by insertion of paragraphs (2A) and (2B):
	(2A)	Where any power of the Judical Service Commission is exercised under paragraph (2), any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to that Commission for the decision of the person exercising the power.
	(2B)	The decision of the Judicial Service Commission on any appeal made under paragraph (2A) shall be final.
	(3)	This article applies to the office of Commissioner of Title, Magistrate and to such other offices (not being offices in respect of which provision for the making of appointments is made by any provision of this Constitution other than article 201) connected with the courts of Guyana or for appointment to which legal qualifications are required as may be prescribed by Parliament.

198.	(1)	The members of the Judicial Service Commission shall be ––
		(a)	the Chancellor, who shall be Chairman;
		(b)	the Chief Justice;
		(c)	the Chairman of the Public Service Commission; and
		(d)	such other members (hereinafter referred to as "appointed members") as may be appointed in accordance with the provisions of the next following paragraph.
	(2)	The appointed members shall be appointed by the President, acting after consultation with the Minority Leader, as follows, that is to say ––
		(a)	one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and
		(b)	not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the President has also consulted such bodies as appear to him represent attorneys-at-law in Guyana: Provided that a person shall be disqualified for appointment as a member of the Commission if he is a public officer.
	(3)	Subject to the provisions of the next following paragraph, the office of an appointed member of the Judicial Service Commission shall become vacant ––
		(a)	at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or
		(b)	if he is appointed to the office of Chancellor, Chief Justice or Chairman of the Public Service Commission or of the Teaching Service Commission or if he becomes a public officer.
	(4)	The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Judicial Service Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister and the Chancellor respectively.
	(5)	If the office of an appointed member is vacant or an appointed member is for any reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of paragraph (2) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed to act in the office of an appointed member shall, subject to the provisions of paragraphs (3) (b) and (4), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.
	(6)	A person shall not, while he holds or is acting in the office of a member appointed under paragraph (2) (b), or within period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this Constitution in the President acting in accordance with the advice of the Judicial Service Commission or in that Commission.
	(7)	If, by virtue of provision made by Parliament under article 199 (3) or article 203 (6), power to make appointments to or to act in any office or to remove or exercise disciplinary control over persons holding or acting in any office is vested in the President acting in accordance with the advice of the Judicial Service Commission or is vested in the Judicial Service Commission, Parliament may provide for the inclusion in the Commission, for the purpose of the exercise of any function or power vested in the Commission by virtue of that provision and of any proceedings of the Commission relating thereto, of members additional to those mentioned in paragraph (1) and for the appointment (including disqualifications for appointment) and tenure of office of such additional members; and provision for the inclusion of different additional members may be made in relation to functions or powers vested in the Commission as aforesaid in relation to differe nt offices.