All officials accountable

There is a good reason why we say justice is blind.

The court case involving a group of squatters and the Commissioner of State Lands raises important questions which it is for the court to decide. But without prejudice to the legal issues at the heart of that ongoing legal matter, aspects surrounding the case underline the need for accountability by all officials of the State. This is particularly so in areas where the State wields tremendous power over marginalised groups that would otherwise not be able to command resources to galvanize themselves against oppressive action.

In an emergency sitting at the San Fernando High Court on Sunday, Justice Frank Seepersad granted an injunction restraining the Commissioner of State Lands from demolishing any more homes occupied by squatters at Pine Avenue, Valencia. The judge did so after attorneys for two squatters filed a constitutional claim against the Commissioner of State Lands.

The squatters — Annesa Maharaj and Ashminee Joseph — claim they have been occupying the land at Pine Avenue for more than 30 years. They say their rights to enjoyment of property and protection by law were infringed as they contend the State Suits Limitation Ordinance protects them from attempts by the State to repossess State lands once they have been living on the property for 30 years. They also contend that they have expressed intention to possess the land as their own, as prescribed for in the ordinance.

Maharaj’s home with others were demolished by a crew of police and soldiers on May 15.

According to Maharaj, who is in a common-law relationship with Joseph’s son, the land was gifted to them by Joseph and they spent over $800,000 in building their home. She said Joseph has never received notice from the State since she began occupying the land in 1983. She also said no one has ever disputed their occupation of the land and each year they have planted crops and reared animals on the property. On May 15, she was shocked and terrified when she saw soldiers bulldozing her home.

In the wake of the demolition action, a hornet’s nest relating to accountability has emerged.

Attorney General Faris Al-Rawi said the Government is seeking answers from the commissioner.

He said last week he did not have any notice of the action. Also in the dark were Housing Minister Randall Mitchell, Agriculture Minister Clarence Rambharat, and the Chief State Solicitor. “It has not originated from ministerial, Cabinet or AG’s office,” the Attorney General said. “In light of the severity of the action taken, I can confirm that I have been calling for the Commissioner of State Lands to meet with every single day since the 15th.” However, he said the commissioner has not responded to any of his requests for a meeting to date.

The Commissioner of State Lands is a statutory post established by the State Lands Act. Under this law, the commissioner is responsible for the management of all lands of the State. The post-holder functions on behalf of the President.

Yet, it is also the case that the President acts on the advice of Cabinet generally.

The troubling gap in accountability here demonstrates the State’s vulnerability in this regard.

The implications are profound. If a public official has here acted unilaterally or on behalf of an official who is not entitled to wield executive power, it means our systems are not robust enough to prevent abuse. A rationalisation of procedure — including a more humane policy when it comes to demolition — to clearer checks and balances on power needs to be implemented.

It would be a shame if officials can, through State action, further disempower the already disempowered.