DBA to present counter proposal to government’s plan to reduce judicial fees

DBA president, Heather Felix-Evans, Prime Minister Roosevelt Skerrit

The Dominica Bar Association (DBA) has been given the opportunity to present a counter proposal to Prime Minister Roosevelt Skerrit’s plan to reduce judicial fees from 3 percent to 1.5 percent for 1 year.

That’s according to Prime Minister Skerrit who said he had a meeting with the DBA to chart a way forward as it relates to that government decision which was announced during his presentation of the 2020-2021 budget address in July.

The DBA wrote to the prime minister in August rejecting unreservedly, what it described as a “unilateral alteration” of its fees by the Government, without prior consultation.

The Bar Association claimed in its letter, that the intention was to reduce the solicitor’s fees which had been prescribed by law, without first consulting with the Association or other lawyers in Dominica, “all of whom stand to be significantly impacted thereby.”

Based on the prime minister’s announcement, the new fees would have taken effect from 1st September 2020, with a reduction in the solicitor’s rates for land transfers by 50% along with a 47% decrease in the government’s fees/taxes for such land transfers.

“I had a meeting with the Bar Association, with representatives of the Bar Association, the President and the Vice President and others of the Bar Association, they came to see me on one subject, one matter really, which is the government’s intention to reduce on the judicial fee that is charged for land transactions,” he said. “So, as it is now, the law states that the lawyers cannot charge more than 3 percent for any land transactions on the value of the land or the property,” he said.

The Prime Minister described the discussion as cordial.

“I believe the discussion was cordial, respectful and they have indicated to me that they would like the opportunity to provide a counter proposal to how they believe that everybody can win,” he noted. “I said no problem, put it in writing and I look forward to receiving this in writing and if it makes sense I am more than willing in going ahead with it. If it does not, then we will stick to our original position to reducing it to 1.5.”

In explaining the rationale for the government’s decision Skerrit cited what he described as the sometimes “prohibitive” nature of land transfer fees, “if you are talking about a particular value” which make it difficult for a number of people to have their lands transferred to their names.

In respect of the government fees that are being reduced to 40 percent, Skerrit maintains that his government is “sticking to this.”

“So we are reducing the government fees by 40 percent; we are sticking to this. We believe that it would be helpful to a number of property owners, to people who are taking mortgages, who are buying homes,” he explained.

“Every dollar that somebody can save certainly is a benefit…” he remarked.

Dominica News Online (DNO) reached out to the president of the DBA but she declined t comment at this time.

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14 Comments

  1. Concerned Citizen
    September 11, 2020

    “Every dollar that somebody can save certainly is a benefit…” he remarked.

    This should apply to every sector of the economy especially our citizens who are currently dealing with serious challenges based on prevailing circumstances existing in our community. Covid-19 has impacted the entire world.
    We need to take heed of statement made by the UN “Without urgent socio-eco­nomic responses, global suffering will escalate, jeopardizing lives and livelihoods for years to come. Immediate development responses in this crisis must be undertaken with an eye to the future. Development trajectories in the long-term will be affected by the choices coun­tries make now and the support they receive.”

  2. Pipo
    September 10, 2020

    PS. Since lawyers fees are subject to vat the government stands to lose tax income also of course but I’m sure as Minister of Finance Roosevelt Skerrit will have weighed that against the benefits property buyers gain including his government by cutting solicitors fees for a limited period only.I think I’ll set up my own business just dealing with registering and transferring property because even with the fees cut by Skerrit there is plenty of money in it for relatively simple work. Is the surveyors that really sweat not our lawyers in aircondition offices.

  3. Bwa-Banday
    September 10, 2020

    Heather will never comment because her master gave her a surprise kick! If she dares not complain after being warned for her first response along the bar association line. If she does, then she risks being labeled “a rouge and a vagabond” by her political masters. That she cannot allow to happen because her groveling position at the table will be handed to someone else with no hesitation. That bar association have no balls so let them all take it like “real men”. Mr. Wheel Barrow Ed from the south knows exactly what I mean.

    I have to see Skerrit start jailing a few of them groveling lawyers while he buys up land in every part of the country and transfers title to his name cheaply while they live a “pretentious” life of the rich with their bonda- bweelaying- them. I feel no pity for educated groveling fools. Go Skerro Go!

  4. Shaka zulu
    September 10, 2020

    The PM just sold land for 100s of thousands and he or maybe some of his PICs may be trying to transfer some property that has some inflated value. As a result he may be using his position to change laws to favour his pocket. Thats the only reason i can think that is a problem. Only the PM that has been buying and selling land in Dominica like sukies hot bread

  5. Jonathan Y St Jean
    September 10, 2020

    Why did the double doctorate puppet master have to reiterate that the DBA came to meet with him on one and only one matter. If there was respectful consultation by him with the stake holders, prior to the announcement of the drastic reduction in the fee structure, then there wouldn’t be any need for them to come and meet with him now.
    The cynical puppet master, I believe, is attempting to put a wedge between the public and the legal profession with his emphasis that the meeting was about only one subject matter. He sees it fit to put taxpayers on the hook for $64,000 monthly for himself, yet sounds like he’s wagging his finger at the DBA, because they want to continue making the same amount of money the did before. If the land transfer fees are reduced, then the lawyers will have to raise other fees to be able to feed their families. No one pays lawyers a salary, they are private enterprises which have to survive by earning a reasonable amount of money.

    • VereTere
      September 11, 2020

      Skerrit has got them all in his pocket. Just very few resist his advances because they have principles and they love their country on not the one that’s running it to the dogs!

  6. Bob D
    September 10, 2020

    Not too long back, the state servants were all all white folks, when things got kinda hard for them, it was easy to migrate or relocate to the land of their ancestors and continue their trade. Today, their black replacements having no where to go, have embarked on a journey of killing the goose that laid the golden egg, at the same time creating a pompous class structure, that Dominica cannot presently accommodate. As the Dominica Economy travel into contraction, there will not be much to go around, the impact on high falutin/fake lifestyles will surely make some see red. DBA’ sucking of the poor black wo/man’ blood in the name of law/justice, have shown that you can use the law to criminalize and enrich. We make the bed we would wish to sleep or not to sleep on, while some never forsee themselves returning to the floor, A mixture of dire straights and Hurricanes is never a good concoction.

    • Pipo
      September 10, 2020

      Bob, you are misguided my friend, we do have black lawyers here that were born in white countries and certainly studied and qualified there. They could have stayed and practice in those countries. Yes, some may be barred from practicing there and now be here. Class distinction has always been there, it is one of the lesser attractive human characteristics, the world all over, no matter what colour you are.

  7. Leroy Registe
    September 10, 2020

    This is a very wise decision by the Prime Minister. This reduction will not only encourage new homeowners, but it give investors greater opportunity to invest in Dominica.

    • RoRo
      September 11, 2020

      We all know where you are coming from. Do you think you get lucky next time round? Just keep on singing for your crumbs.

  8. Dr Clayton Shillingford
    September 10, 2020

    Skerrit should have consulted with the DBA prior to announcing this kind of decision to avoid wasting time..It is this kind of unilateral decision that shows poor management style..I wonder what the hiders in the bushes think??

  9. Ibo France
    September 10, 2020

    This is typical of Mr. Skirrit. He does things arbitrarily without any sort of consultation. This ‘ONE-MAN-ISM’ is directly responsible for the sorry state and the deplorable under development of Dominica.

    When the citizenry remains reticent as a government plunder their country; as corruption is given a free pass; as their political leaders are allowed to grow filthy rich from ill-gotten gains, these said corrupt politicians become even more brazen depleting the treasury for their own personal gain.k

    Dominicans have to stand up and wrestle their country from the debilitating, octopus-like tentacles of Mr. Skerrit and his cabinet of avaricious disciples.

  10. Truth Be Told
    September 10, 2020

    This makes DBA look like an organisation with no scruples, no morals no wider sense of social responsibility and social justice. With all the assaults on Dominica’s constitution, rule of law and the ongoing bad practices in the governance of the Commonwealth of Dominica by the Dominica Labour Party, the DBA has been quite, moo moo, not a word from them! But this is about the money so they jump up! Where were you all for statements by the Prime Minister that “no law and no constitution can stop me”? Where were you all for statements by ministers in government encouraging Dominicans in the French islands to take the back door illegally from the French islands to Dominica to come and vote! Now you shall reap what you sow!

  11. Pipo
    September 10, 2020

    What I don’t understand is why this should be a closed shop and solicitors can not compete with each other on this. Also, do you have to be a solicitor to convey property. Is it not legal if I don’t use a solicitor? Sounds like restrictive practice to me, money for old rope and not in the public interest. No surprise we have so many lawyers.

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