GOVT WILL PASS TAX

“The issue of the property tax is certainly one of certainty because there are multiple ways in which the proper tax can be implemented,” he told Sunday Newsday.

“But, ideally, it is proper to wait to hear what the court has to say on Monday and otherwise and we will speak further on that.” The Government heads to the Court of Appeal, tomorrow, seeking to reverse the ruling of Justice Frank Seepersad in relation to the implementation of the controversial property tax.

Seepersad’s ruling on Friday in the San Fernando High Court followed submissions by Senior Counsel and former attorney general Anand Ramlogan, who filed for judicial review on behalf of applicant Devant Maharaj, a former People’s Partnership government minister.

Seepersad, who ruled that the stay would remain in effect until May 31, until further notice, said there was a “strong arguable case” that the property tax could be struck down or the process by which the Government is seeking to enforce it, justifiably reviewed in the courts. Citizens were initially expected to submit their completed property valuation forms, tomorrow, at the designated offices.

However, Finance Minister Colm Imbert announced in a statement on Tuesday that the deadline has been extended to June 5, following the overwhelming response of citizens to the exercise.

The Opposition has consistently questioned the Government’s timing in seeking to implement the property tax, arguing that citizens are already under extreme pressure to survive in the economic downturn.

They also have called for clarification on certain aspects of the exercise.

Yesterday, Al-Rawi, when asked if the Government will ultimately claim victory in executing the property tax, simply gave a synopsis of the most recent challenge to its implementation.

“The matter before the court on Friday is an application for leave for judicial review and for interim relief,” he said. “That matter came prematurely to the court in my view in so far as the claimant had requested a response to a pre-action protocol and requested that that be done by Friday, by Friday meaning at the close of business.

“Notwithstanding that fact, the applicant went to court, even though they had yet to allow Friday to pass and the judge considered the matter.

“It was ex parte-opposed, meaning they gave the lawyers for the State, for the Commissioner of Valuations a call, and said look, we have a matter and we proceeding with it. That being the case, the matter was opposed. The judge gave an order that they are granting leave for judicial review.” Al-Rawi regarded the leave for judicial review as “a very low threshold.” “It essentially means that you have an arguable case that the matter will go to judicial review and you deal with it there and the judge also gave interim relief in relation to a press statement.” The AG said the Government was subsequently advised by their attorneys to appeal Seepersad’s order tomorrow at 9 am.

“The appeal will be dealt with at the court. We will certainly be guided by the highest courts in the land and certainly the confusion created will be addressed once we hear what the courts have to say.” In relation to the Opposition’s claim of victory in Seepersad’s ruling, Al-Rawi told Sunday Newsday, “It is not the first time we have heard the Opposition Leader claim victory in defeat. At the end of the day, one cannot complain that the separation of powers operates.

“There is a Judiciary in the country and people have the right to approach the courts and we will deal with the matter and the outcome from the court.” Asked what would be the Government’s advice to citizens in the wake of the ruling, Al-Rawi said: “It will be improper of me to answer that question because there is a judicial order which is under appeal. So, I don’t want to be inciting a contempt of court, one way or the other.

“At the end of the day, we must await the due process of the deliberations of the court and we can certainly speak with clarity after that.”