The Home Affairs Minister has overstepped his bounds

Apr 18, 2012 Letters

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Dear Editor,
I refer to the caption hereunder ‘The oligarchy and bureaucratic officials:- The Chief Justice, Commissioner of Police, Commissioner General-GRA, Home Secretary and Cabinet Secretary — Chief-of-Staff G.D.F. et-al
The above represent some of the people who are supposed to be accountable to the public with the Courts jealously guarding their independence and more importantly their supposed civil liberties. “Society’s consent is essential for laws to be seen as ‘JUST—. Public support is the oxygen of the criminal justice system. The importance of social accountability outweighs legal accountability.
The dangers of not treating victims better than at present can be seen in the increased public awareness of a Justice system that leaves victims emotionally bruised.
Substantive justice should depend on a fair process and a fair outcome. A fair process means more than the objective and neutral application of rules. It also implies the moral obligation.
Take the case of the Commissioner General Khurshid Sattaur. An informed analysis of the tax collections should extend beyond numerical composition of the direct and indirect taxes garnered by the GRA. The analysis should examine the composition of the taxes collected by Revenue type, sectors, regions and classes of taxpayers.
The disparity where a person receiving $10 million dividend, pays no tax while on the other hand an employee earning 090,000 per month pays $240,000 per year is appalling. Self-employed taxpayers of the country pay a mere two per cent of the total income and corporation taxes collected by the GRA.
Most Chinese entities claim not to make $10 million so they do not pay VAT. Tax administration requires better governance, accountability and transparency so instead of playing a politician and writing who will or shall benefit from decrease VAT and increase threshold.
The Commissioner ought to look at the inequities and inherently repressive and unfair Tax system in the Caribbean and Latin America.
The Minister of Home Affairs seems to have conferred on himself unlimited eroticized bureaucratic powers. The Minister is neither a Court nor Tribunal prescribed by law. Article 144 of the Constitution is concerned with the protection of fundamental rights and freedoms.
The “Minister” to whom a discretion is conferred by statute must act reasonably in good faith and upon proper grounds.
In other words, a Minister does not have an unfettered discretion. The Minister has misconstrued his powers under Chapter 16:01. The Commissioner’s office is Constitutional but as he retires at 55 it becomes unconstitutionally, he is then in a master-servant relationship at the behest of the Executive (Mr. Luncheon should note).
If the Minister feels Ramnarine, Assistant Commissioner, a Public officer has transgressed a procedural propriety he has to comply with Articles 40(1)(a) and 144(8). The Minister writing the Acting Commissioner is flawed, vitiated in law, on the ground of bias and a nullity and an abuse of process.
1) Any Standing Order can be amended by the Commissioner. They are rules and/or governing procedures or guidelines. They are not laws (statute).
2) One cannot give an illegal order to a law enforcement official to an act of corruption, abuse of authority. Under Article 7 Ref. Code of conduct for law enforcement officials UN General Assembly Resolution 34/169 of 17th December,1979.
3) The “Police Welfare Fund” is an “In-house” organization fund with deductions from officers and other ranks via compulsory salary deductions. There is a Central Welfare Committee. The Minister of Home Affairs has no control, nor, does the Finance Minister or Auditor General. The finance officer and Deputy Commissioner Administration; Welfare Officer controls this Fund.
4) The fact is Assistant Commissioner Ramnarine, received a Welfare Cheque (NBIC) he had a right under Article 40(1) to disclose a
fraud is being or has been committed.
a) The Minister, during the November 2011 Elections in one of his many transgressions when Kwame McCoy went to a Polling Station intimidating the officials was heard on the “Police Network” to say “[anyone who arrest Kwame McCoy would be dealt with and answerable to him the Minister]”
b) Recently, on the Police Communication Network he called on Ranks on mobile patrol to report their position, when they refused a Senior Superintendent intervened calling on the ranks to respond.
c) The Home Affairs Minister has occupied a number of Police buildings around Police Headquarters to a point where he occupied one of the Senior Officers’ Quarters depriving them, the Senior Officers, of their constitutional rights to privacy.
Assistant Commissioner Ramnarine, is right. “Hands on” has seen Usurpation by this Minister to the point of gross “interference”.
President Donald Ramotar needs to reign in the Minister of Home Affairs who has exceeded his mandate. He is a “Creature” of the President. His wild antics are affecting the morale of officers and ranks of the Guyana Police Force. He should resign like his embattled Comrade (Mr. Commissioner on leave).
Alfred Johnson
Ex Police NCO 8753

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