If his answer is unsatisfactory the Association intends to petition the Supreme Court to have him removed.
Although the government has already stated its intention to file an appeal against the June 6 ruling of Supreme Court Justice Hugh Small, President of the Association Wayne Munroe said there needs to be a stay of the judge’s ruling in order for Shane Miller to continue his duties.
Justice Small ruled that the government’s termination of Registrar General Elizabeth Thompson earlier this year was unfair.
“We have written to [Mr. Miller] and we have yet to hear from him, but until they get a stay of the judgment of Justice Small, the Bar Council must consider steps it must take to protect the public interest and the legitimacy of documents authenticated and signed by the registrar general,” Mr. Munroe said in an interview with The Bahama Journal.
If Mr. Miller is unable to justify his stay on the job, the Bar Association said it would “move the Supreme Court to seek injunction relief to prevent your further acting in the post of registrar general.”
In a letter addressed to Mr. Miller and dated June 21, the Association expressed concerns that documents signed by Mr. Miller after the court’s ruling, may be invalid and therefore not legally binding.
The Association wrote: “We would be grateful therefore if you could supply us with the authority by which you are enabled to perform the functions which you have purported to carry out since the date of the aforesaid ruling.
“It is our view that by virtue of the judgment and the presence of the substantive office holder you lack jurisdiction to continue to act as registrar general.”
With Ms. Thompson and Mr. Miller both showing up for the same job, some workers of the Registrar General’s Department are confused regarding whom they should be taking orders from.
Last week, they were forced to seek advice and guidance on the matter from President of The Bahamas Public Services Union John Pinder.
But Mr. Pinder said he could not tell the employees who they should recognize as the registrar general.
Mr. Munroe called the government department’s state of affairs “a debacle” and said the system does not support two registrars general endorsing legal documents.
The registrar general signs off on important documents like company documents and marriage certificates.
“If in fact he is not properly acting the persons he marries would not have been properly married and their marriages may be void,” Mr. Munroe said.
“The documents he signs may be void and it is a matter that unless it is sensibly resolved the Bar Council is going to have to move the Supreme Court potentially to get an injunction to prevent him acting in a post, in which the substantive office holder is not only not on leave, but is present in office. We can’t sit by and watch this confusion.”
By: Tosheena Robinson-Blair, The Bahama Journal
