Deeds, Commercial Registries Bill to be debated Monday

The Deeds and Commercial Registries Authority Amendment Bill 2017 has been scheduled for debate at Monday’s sitting of the National Assembly, according to State Minister Joseph Harmon.
At Thursday’s post-Cabinet press briefing, the minister explained that the passage of this Bill will enable the appointment of the Deeds and Commercial Registries Authority (DCRA) Board, which will have oversight of the two registries.
The Governing Board is non-functional, is not properly constituted, and has not held a meeting for over a year. The members of the Board, whose tenure has expired, have not been replaced by the minister in accordance with, and as mandated by, Section 6 of the Deeds and Commercial Registries Authority Act.
The delays in appointing the DCRA Board has been a matter of concern, with former Attorney General and Legal Affairs Minister Anil Nandlall raising the topic on several occasions. He had also made written requests to his successor to make the appointment.
Legal Affairs Minister Basil Williams explained at a previous press conference that Government recognises the need for the board to be broadened to include representatives from entities such as the Business Ministry and the Guyana Revenue Authority (GRA).
The Board is usually made up of a Chairman, the Registrar of Deeds and the Commercial Registry, a nominee from each of the following entities: the Ministry of Finance, the Ministry of Communities, the Guyana Bar Association, the Guyana Association of Legal Professionals, and the Private Sector.
Nandlall had pointed out that the amendment seeks to empower the Legal Affairs Minister to act in place of a Governing Board of the Deeds and Commercial Registries Authority when that Board has not been appointed. He noted that this Authority was specifically created to insulate the operations of the Deeds and Commercial Registries from ministerial interference, and to vest in the Governing Board the powers and responsibilities for the overall management, as well as the day-to-day activities of the Authority.
Nandlall has blasted the minister for not adhering to his mandatory obligation to appoint the DCRA Board, and has moved to the High Court to compel his successor to appoint a board. When the matter was first heard on March 8, Justice Brassington Reynolds granted an Order Rule Nisi of Mandamus, compelling the Minister of Legal Affairs to appoint the Governing Board of the DCRA, and to show cause why this Order Rule Nisi of Mandamus should not be made absolute.
At a subsequent hearing on April 5, detailed legal submissions were made by AG Williams and Nandlall before Justice Nareshwar Harnanan, who has been trying the matter. Justice Harnanan subsequently delivered an 18 page written ruling on April 19. In his decision, the High Court Judge overruled all the AG’s submissions and upheld Nandlall’s arguments, and thus made absolute the Order Rule Nisi of Mandamus granted by Justice Reynolds.
Additionally, the Attorney General was further ordered to pay to the applicant, Nandlall, $100,000 dollars as costs. With this ruling, the Legal Affairs Minister is now ordered to appoint the Governing Board of the DCRA.