Dear Editor,
The announcement by the Attorney General of the impending appointment of a new Governing Board of the Deeds and Commercial Registries Authority Act (DCRA), must not be misinterpreted. It is yet another exemplification of a brazen disregard for, and disobedience of, the Order of the Honourable Mr Justice Nareshwar Harnanan, issued on the 19th of April, 2017. That Order of the Learned Judge compelled the Attorney General to appoint persons to the Governing Board, in accordance with the provisions of the Deeds and Commercial Registries Authority Act, which he has failed to do, since May, 2016.
In the court proceedings, his excuse for not appointing the Board in accordance with the said Act, was that he laid a Bill in the National Assembly to amend the Act, and that he was awaiting that amendment to pass in the National Assembly. I argued that the pending Bill in the National Assembly is absolutely irrelevant to the AG’s obligation to comply with, and obey the law that is currently in force, that is, the Deeds and Commercial Registries Authority Act, 2013. The fact that a law is likely to change is not a basis not to comply with the law; the law must be obeyed at all times until, and unless, it is amended or repealed.
It is in those circumstances, that the Judge rejected the AG’s submissions, upheld mine and ordered him to appoint a Governing Board in accordance with the DCRA Act. What the AG has done is to continue to refuse to appoint the Board in accordance with the said Act, and in flagrant breach of the Judge’s Order, has proceeded to announce a Board in accordance with the Bill that is pending in the National Assembly, which Board, he says will be appointed after that Bill is enacted.
The AG, is therefore, demonstrating utter disregard for the Order of Justice Harnanan and is aggravating the contempt of court.
Yours faithfully,
Mohabir Anil Nandlall, MP
