Acting CJ recuses herself from hearing Deputy Registrar’s motion against AG

Acting Chief Justice Yonette Cummings-Edwards has recused herself from hearing the motion filed by Deputy Registrar of Deeds Zanna Frank against Attorney-General Basil Williams, who is accused of obstructing her in the performance of her duties.

Stabroek News was told that when the case came up two weeks ago, Justice Cummings-Edwards, who was part of the panel that interviewed Frank for the job, transferred the matter to Justice Brassington Reynolds.

The acting Chief Justice is a member of the Judicial Service Commission (JSC), which was responsible for Frank’s appointment.

 Zanna Frank
Zanna Frank

The matter comes up again before Justice Reynolds on September 25.

Frank has been given until September 15 to reply to the affidavit filed in answer by Williams.

Frank last month moved to the High Court to challenge what she says are directions given by Williams that have prevented her from performing her duties. She has also challenged what she says was Williams’ appointment of Penelope Whyte as acting Deputy Registrar although she is not an attorney.

Frank was on May 4 appointed to the post of Deputy Registrar by the JSC, in keeping with the provisions of Article 199 (1) and (3) of the Guyana Constitution.

In an affidavit supporting the motion, she also noted that since occupying office as of June 20, she had not been paid for her services.

Frank noted that before Registrar of Deeds Azeena Baksh proceeded on leave on August 2, she sent correspondence outlining the delegation of duties in her absence and suggested her portfolio be passed on to the Deputy Registrar of Deeds and the duties of Deputy be passed to the Assistant Registrar. What instead occurred was that the duties of acting Registrar, including being in charge of the Deeds Registry and the certification and passing of all Transport, Mortgages and Cancellation of Mortgages, were passed to Assistant Registrar Whyte.

Basil Williams
Basil Williams

Frank relates that when she asked Baksh what her functions would be, seeing as she is Deputy Registrar, she was told she did not know, but that it was up to her.

When in August, Frank would sent out correspondence questioning the non-payment of her salary and looking into arrangements for transportation to carry out her duties in Baksh’s absence, Human Resource Manager Shyam Doodnauth indicated to her that all directions were granted by the minister, who instructed that Whyte be appointed Registrar of Deeds in the absence of Baksh.

Williams has claimed that Frank did not meet the criteria for the position and was being used as a pawn.

In his answer to her affidavit, he has sought to distance himself from any direct interference in preventing Frank from performing her duties, while contending that she has presented no evidence to support her claims against him.