Members of the Dominica Bar Association (DBA) have written to Prime Minister Roosevelt Skerrit rejecting, unreservedly, what they describe as a “unilateral alteration” of fees by the Government, without prior consultation with them.
In his budget address under 2020/21 under “Reduction in Land Transfer fees.” Skerrit stated.
Mr. Speaker, the Government realizes that several persons own land but are not in possession of a certificate of title, as they have difficulty in paying the taxes associated with the transfer. There are also several vacant and quite often, prime properties that are in a state of abandonment across Dominica. Many of those have been willed to family members who are unable to divide and register these properties in their names, simply because they do not have the required financial resources.
We are also aware that several Dominicans, particularly young people, would like to own a piece of Dominica, and any assistance received from the Government would help to make that possible. For a period of one year, that is from September 1, 2020, to August 31, 2021, the fees related to transferring or purchase of land will be as follows: ” Stamp Duty 2 percent ” Judicial Fee 1 percent ” Assurance Fund 1 percent ” Fee to Lawyers A maximum of 1 ½ percent The total of 5 ½ percent on the value of the property will be paid by the buyer instead of the 10 percent.
But in its letter to Skerrit, the DBA’s expressed disappointment and shock on learning of the government’s intention “to reduce statutorily prescribed solicitor’s fees without first consulting with the DBA or other members of the Dominica bar, all of whom stand to be significantly impacted thereby.”
The DBA says it became aware on July 28, during the prime minister’s budget presentation, of the government’s intention to reduce with effect from 1st September 2020, the solicitor’s rates for land transfers by 50% along with the pronouncement of a reduction of a 47% reduction in the government’s fees/taxes for such land transfers.
“Such a failure to consult robs the members of the DBA, and solicitors practicing in Dominica on a whole, of the opportunity to gain an understanding of the rationale for the proposal and to consider and to offer options for the consideration of the government,” the Association states in its letter signed by its president, Heather Felix-Evans.
It argues that this also robs the government of the opportunity of hearing and considering other divergent views and suggestions that could assist in it realizing the true cost and benefit of this measure.
The DBA describes the government’s decision as being “indicative of a total disregard for the Bar and a complete lack of appreciation for the important role that the legal practitioner plays in empowering citizens as registered landowners.”
The Association also believes that the action is misguided and unjustified.
However, it is of the view that there is still time for the Government and the DBA Executive to have a meaningful discussion on the matter and to reach a resolution “that is fair to all constituents.”
The association has requested a meeting with the Government within the next seven days “to address and hopefully satisfactorily resolve this most pressing matter.”
