THE JAMAICAN Bar Association (JBA) has stated that the Titles Office should not be a part of any super-structure such as the National Land Agency (NLA) because of the statutory authority vested in the Registrar of Titles.
"In the case of the Registrar of Titles, we cannot see how the Registrar who has important duties and responsibilities under the Registration of Titles Act, can be expected to respond to directives from the Chief Executive Officer of the NLA for example, on legal questions relating to the Titles Office and which are the sole responsibility of the Registrar under the Act," the JBA said in a press release.
The JBA is calling on the authorities to reinstate Miss Constance Trowers, Registrar of Titles, who has been on leave since July 7 this year.
Mr. Charles Jones, Chief Personnel Officer of the Services Commission, said yesterday that as far as he was aware Miss Trowers was on leave and would be redeployed when her leave ends.
The Gleaner was informed that Mr. Alfred McPherson has been appointed Director of Titles and his duties will include that of Registrar of Titles. The post of Director of Titles was advertised in December 2002.
The JBA said it was very disturbed by the recent developments at the Titles Office and the implications for the rule of law.
In April 2001, the NLA was formed through the amalgamation of four state agencies dealing with land titles and related matters - Titles Office, Survey, Lands, and Land Valuation Departments.
In a news release issued this month through its president, Hilary Phillips, Q.C., the JBA said that by a letter dated April 10, 2003, it was invited by Mrs. Elizabeth Stair, Chief Executive Officer of the NLA, to participate in the interview for the post of Director of Land Titles. It refused as it felt it was an attempt to "legitimise the emasculation" of the office of Registrar of Titles.
LEGAL RELATIONSHIP
"This matter also raised the broader question of the legal relationship between offices such as the Registrar of Titles which are created by statute, and executive agencies which purport to incorporate such offices or departments," the JBA said.
"It appears to the Jamaican Bar Association, that without dialogue and negotiation, executive agencies cannot be simply imposed on the existing structure of the civil service, without resort to established legal and constitutional mechanisms, and attempts to do so will only create tensions, discord and legal disputes."
The association asserted that: "In the case of the Registrar of Titles, we cannot see how the Registrar who has important duties and responsibilities under the Registration of Titles Act, can be expected to respond to directives from the CEO of the NLA for example, on legal questions relating to the Titles Office and which are the sole responsibility of the Registrar under the Act."
"In those circumstances, it is our view that the Titles Office ought not to be a part of any super-structure such as the NLA, having regard to the peculiar position of the Titles Office and the statutory authority vested in the Registrar."
