Property Tax Setbacks

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devant-anandThe High Court issued a ruIing by Justice Frank Seepersad on Friday 19 May 2017 that the Valuation Return Forms (VRFs) which property owners had been required to complete for the implementation of the Property Tax was to be subject to a “….stay of the implementation and/or enforcement…”. That stay is pending the full hearings of the judicial review case brought by former AG, Anand Ramlogan SC, on behalf of former PP Minister, Devant Maharaj. The State has already filed an appeal and that is to be heard at the Appeal Court on Monday 22nd May 2017.

This important national policy is now before the Courts for determination as to the legality of its implementation at this time. To be sure, there are sharp political rivalries at stake here and heavy questions of how do we attain good public administration. Continue reading “Property Tax Setbacks”

Invader’s Bay – Suspicious Motives

invadersbay-bwThe proposed development of Invader’s Bay will be the largest in our Capital City in living memory. The entire process is tainted by fundamental irregularities, any one of which ought to be enough to stop the development.

Some of those irregularities at Invader’s Bay include an improper and voidable tendering process; failure or refusal to hold Public Consultations; breach of the Central Tenders’ Board (CTB) Act and most recently, a wrong-sided policy on legal advice.

The State has appealed the High Court decision of Justice Frank Seepersad on 14 July 2014 to order publication of the legal opinions on which they had been relying thus far.  That hearing is now set for Wednesday 28 January 2015 at the Appeal Court in POS. At the preliminary hearing on Thursday 20 November, the State was represented by a seven-member team of attorneys, led by Russell Martineau SC.

Tender rules

Procurement_NoticMinister Tewarie has repeatedly told the public that the Appraisal rules for the Invader’s Bay development were first announced in his speech to the Annual Dinner of the T&T Contractors’ Association on Saturday 5 November 2011. That is true, I was there and heard the Minister do just as he said.  The issue here is that the closing-date stipulated in the Invader’s Bay Request for Proposals (RFP) was 4 October 2011, which was over one month before the rules were published.  Given that fact, the proposers would not have known the rules of the competition and it is fair to say there was no competition at all.  None.  Just imagine the rules for a Calypso competition being distributed the week after the singers had performed.  The RFP process for Invader’s Bay was therefore improper, voidable and illegal.

The most disturbing aspect of this nonsense, is that it raises disturbing questions as to what is fast becoming a new normal in our society.  To my mind, there are two possibilities.

The first is that the Minister was simply unaware that he was describing improper and unlawful acts.  If that is the case, one has to wonder at the quality of advice available to our Cabinet.  Are we now to accept that this is the proper way to proceed?

The second possibility is that the Minister was properly-briefed that the late publication of those rules was improper and that the entire RFP process was therefore voidable, but chose to act as if the whole process was ‘above-board’.  That Minister continues to insist that there is nothing improper taking place at Invader’s Bay and so on.  I tell you. Continue reading “Invader’s Bay – Suspicious Motives”