They say the notices being sent out by the commissioner of valuations to evaluate properties in preparation for taxation under the act are null and void.

The meeting took place on Tuesday evening at the St Augustine South Community Centre.

Attorney Jagdeo Singh said, “We think there are several challenges that could be mounted against this act.” “We intend to take action about the notices which have gone out.

We believe they are beyond the power of the commissioner of valuations, and we intend to file a case asking that the penalty provisions of the act be deemed unconstitutional.” The provisions of the act, he said, are unconstitutional because it was not passed with a two-thirds majority.

Singh said it goes against the bill of rights guaranteed in the constitution and empowers the Board of Inland Revenue (BIR) to place a charge on homes. This, he said, goes against the right to the use and enjoyment of the property, the right to privacy, and the right to due process of law among other things. The qualification of people doing the evaluation and making the recommendations to the commissioner, he said, is a matter of concern and they intend to ask the commissioner for a list of the valuation professionals and their qualifications.

Concerns were expressed about the practicality of Finance Minister Colm Imbert’s recent announcement that Government was hiring 150 people to be trained (to be part of a total of 248) to assess over half a million properties by May 22.

Asked if pensioners will be exempted from paying the property tax, attorney Larry Lalla said the act provides for certain categories of people to apply to the Board of Inland Revenue (BIR) for a deferral of tax, but that was not an exemption.

“The tax would become a charge on your property which could be collected from your estate after you die,” he said.

He also said that based on the Valuation of Lands Act, 1970 the commissioner has the power to value the lands and to request further information. While he may have the power to request certain documentation, he said, “I doubt he has the power to take photographs. This could lead to abuse.” Asked whether squatters or people without deeds or leases to land would be exempted, attorney and COP general secretary Clyde Weatherhead said they will not. The occupier of land is defined as the owner even if the owner has no deed or lease to the land, he said.

He added while there is provision to apply for a deferral, the problem is whether or not that person would feel qualified to make an objection on his own or would have to pay a lawyer to object on his behalf.

Asked whether they should fill out the forms sent out by the commissioner, Weatherhead said, “The form that is here is not the form in the act.” Displaying a form, he said, “What is on top of this piece of paper is not what is in the law.

Neither the Minister of Finance nor the Commissioner of Valuations can change what is the law passed by the Parliament.” The form in Schedule II of the Valuations Act, he said, does not ask for attachment of any document.

“It is not the prescribed form in law. It is illegal.” The only other time the forms can be filled, he said, is if it was sent by the commissioner by registered mail and addressed to the property owner, and not by someone walking around and sticking it in the mail box.

Those who received unaddressed notices were advised to keep a record of it and if any problem arises, to show what was sent.

Government Senator Foster Cummings told senators about time he spent recently in the community of Enterprise in Central Trinidad.

Cummings said crime was a reality in these kinds of communities in TT where very often the parlour on the corner could very well be the drug block. He said while the Government is pursuing a holistic approach to reducing crime, the Opposition continues to see it as way to score cheap political points.

Cummings said the United National Congress (UNC) as part of the former People’s Partnership (PP) government had only one strategy for crime and this was the limited state of emergency in 2011. When Sturge objected to this comment, Cummings quipped, “You introduced it. Don’t run from it.” Describing the Opposition as reckless and irresponsible, Cummings said the Opposition is part of the architecture of governance in TT but fails to understand this.

In response, temporary Opposition Senator Chrislyn Moore countered, “The Opposition is the intellectual viagra for the Government.” The Tobago Forwards leader and former PP justice minister claimed that Tobago is now the People’s National Movement’s (PNM) hostage and rising crime on the island has shocked its population.

While welcoming the Government’s decision to scrutinise the contract for the recently departed Super Fast Galicia, Moore called for transparency regarding the contracts for the Galicia’s replacement vessels. Independent Senator Paul Richards disagreed with Moore that it was only the Government’s responsibility to deal with crime.

Richards said the history of TT showed that all governments and oppositions have made little progress in dealing with crime.

I think I want to call it self-imposed exile but there are other ways of looking at and describing a quite complex matter.

The NGC Bocas Lit Fest, which takes place every year in the beautifully modern National Library and the adjoining, historical Old Fire Station, is a five-day festival that is free to the public and completely open to absolutely anyone to walk off the street, without invitation.

So why do relatively few people actually venture off the street, and why do so many others feel resentful that they have not been invited? I am not complaining that the festival is short of an audience.

Lots of people realise that the NGC Bocas Lit Fest is the biggest “free” arts events in this country that is not linked to religious celebration or Carnival or Panorama.

Every year it attracts a total of over 6,000 people, plus another thousand or so who join in online, which is a very respectable number, especially when one adds on the lingering effect of the festival and the many projects that carry on all year in schools and society, linked to the main business of the Bocas Lit Fest, namely reader and writer development.

Bocas is committed to encouraging people to read, whatever, however and wherever they choose as a means of personal growth, to reawakening our love of stories, and to helping expand the publishing industry with a view to economic diversification, and we have been making a bit of progress.

But, I ponder why more people who would consider themselves thoughtful and interested, and are obvious candidates for much of the Bocas fare, do not make the effort and take the time to attend. Is it that we are just spoilt for choice with so much to do and limited time, or could it be that we do not value things that are free, even when people elsewhere would pay a lot for the very same offerings at a world-class festival with over 100 events? We may have become so used to money being the mechanism for maintaining the social hierarchy, pricing people who are “not like us” out, that we give little credence to free events, or perhaps do not welcome initiatives that cause disruption to the way our society functions. We have got along fine with everyone knowing the unwritten rules, just like in every society, and we value that sense of order.

A unique feature of the NGC Bocas Lit Fest is that it is not snobby. Bocas can be accused of being inclusive and egalitarian, of attempting to reject the idea that art is for the elite and of not seeking permission to do its job of pushing us to think and express ourselves through the written word, performance and song, and through our traditional characters.

We shun formalities and pomp, we actively create a space where every level of writer can come and read their stories and exchange in an open, safe space ideas with their readers. Writers are in many ways subversive, since their agenda is to make us look at things full frontal, to analyse and weigh up human motivation, to explore with us why things are the way they are, and why we do and say what we do.

It was suggested to me that Trinis fear the word “literary.” It is interesting that in Jamaica, where illiteracy is much higher than here, people who cannot read and write go to their free Calabash festival to simply hear stories, because they understand that is what books do.

They tell s o m e p r e t t y g o o d stories.

No invit a t i ons needed for anyone.

The Chaguanas Chamber of Industry and Commerce, Couva Point Lisas Chamber of Commerce and Penal/ Debe Chamber of Commerce said in a release yesterday they understand Government’s need for increased revenue because of the decline in oil and gas revenues.

Expressing concern on the hasty implementation of the tax, they said they strongly believe that the requirements stipulated on the form cannot be fulfilled before the May 22 deadline.

Apprehensive about the uncertainty regarding the rates, they said, “Government should host a series of consultations to educate the population on the tax implementation process and the assessment of land and property.” While they do not object to the tax, they said Government must acknowledge that small and medium enterprises are barely surviving owing to the rising cost of doing business, and the imposition of other taxes such as business levy, green fund levy, National Insurance Scheme, reduction in the fuel subsidy, unavailability of foreign exchange and value added tax on food items.

To impose the tax at this time, the chambers said, “Would cause unease amongst the population who are already struggling given the downturn in the economy.” They suggested that Government apply an incremental increase over the next three years.

“We believe the tax on plant and machinery is a disincentive to encourage the expansion of production within the manufacturing sector given Government’s need to foster local productivity, reduce the importation of foreign goods and seek export markets as a means of earning foreign exchange.” The chambers said they “would like to see some transparency regarding the allocation of the funds derived from the tax and how it is to be used for development.”

Trinidad honours its gifted creative spirits — whether dancers, painters, writers, actors or calypsonians — under only two conditions: they are now dead or they have received the stamp of recognition from the First World, which now gives us the courage to honour them too and even boast a little that we always knew they were first class.

Note that Walcott’s Chaconia Medal came only after his Nobel laureate for literature.

Why? His work had always been seminal. I can testify to this as his fan since 1967 when I was involved in a QRC production of his play The Sea of Dauphin, directed by Patrick White, with the gifted Michael Harris as the lead. From then until my graduation in 1971, literature was food to me, whether in English, French, Spanish or Latin. I was even introduced to Vedic literature in English translation by my saroobai, the talented mischievous and energetic RK Heetai.

But it was in the pages of Walcott’s plays, and volumes of poetry, whether read or viewed in a performance at the Little Carib Theatre, that I saw myself reflected — a linguistic richness that embraced creole and patois alongside English; a penchant for dealing with the sublime and the profane in the same work; a landscape that was recognisably West Indian; which replaced fairies and elves with douens, lagahoos and la diablesse.

Walcott made my dreams, my joys, my pains into something authentic, rooted and deep. In Dream on Monkey Mountain, for instance, the protagonist is a drunkard and, possibly, a little mentally imbalanced.

But his dream is rich, human, painful, honest and crying out to be heard.

Even in 1970 during the state of emergency, I discovered in Ti-Jean and His Brothers not just a richly West Indian fable, but many sly references to that traumatic event in our history and a hint at the many undercurrents that led to this watershed.

Earl Lovelace, who is still alive, is doing the same seminal work on the Trinidadian/Tobagonian psyche, though his language mix is less rich and his characters sometimes become convenient mouthpieces for the author’s sociological theses — a distracting flavour in an otherwise humane yet penetrating and cathartic oeuvre.

Derek Walcott, for all his renown, was little understood in this his adopted land, even by ardent fans and well-meaning friends.

Lovelace, for all the accolades he has received in the First World, is little read in TT . Deep inside, he is a lonely man, even as he moves through the crowd at Carnival or a Black Caucus fund-raiser in his quiet, relaxed, unpretentious way, dressed in his favourite whites.

How can an artist make his audience embrace him if that audience, still remembering the sting of massa’s whip, is afraid to believe in itself? Walcott had the patience and the humility for that “long walk to freedom.” When he received the Chaconia Medal, he is quoted as saying, “I am not great.

Greatness is all around me, and I have the honour of reflecting it.” In this he parallels another of my heroes — the gentle Jackie Hinkson, whose place in our art history is hardly celebrated in the way it should be, but who daily enters his workshop and stays there for hours, consistently producing work that has real quality and definite social relevance, for a people lacking the self-respect to embrace what he brings to the table. His Christ in Trinidad series is a case in point.

On this bright Sunday morning in Crown Point, as I cut bushes, then embark on a search-and-destroy mission with my daughter Tamara to eliminate marabunta nests, my eyes refuse to stay dry as I inwardly say goodby to the greatest of my personal heroes yet a man whom I never met in the flesh.

No finer tribute can I pay to the great Walcott than his own closing lines in the poem Hic Iacet (Latin for Here He Lies)” I was that muscle shouldering the grass through ordinary earth.

Commoner than water I sank to lose my name.

This was my second birth.

OSMOND MOSES Tobago

Yesterday, the judge gave a ruling in the San Fernando High Court stating a suggestion he had made in a previous case, for the Integrity Commission (IC) to consider investigating an employment relationship between Warner and his former secretary while he was a minister in Government, ought not to raise doubts about his (Seepersad) impartiality.

Justice Seepersad adjudicated last year in a case against the TT Football Federation (TTFF). The TTFF, Warner and Local Organising Committee (LOC) South Africa 2010 Limited were sued by Graphix Advantage Limited, for monies owed.

Imamuddin Baksh, managing director of Graphix Advantage Ltd, testified that he worked for Warner who was then a Government minister, as his secretary, but on a gratuitous basis.

His company received a contract from the LOC, to provide signage for the 2010 Under 17 Women’s World Cup hosted in Trinidad.

Justice Seepersad ruled against the TTFF, but did not find Warner personally liable to pay the monies.

In fact, the judge found that there was no case established against Warner but commented that public officers must always jealously guard the integrity of their office and that the acceptance of gratuitous labour, by holders of high office, was unacceptable. He suggested the Integrity Commission may have to investigate further.

Justice Seepersad is currently adjudicating in a case filed by Reynold Ricardo Bahadoor, through Senior Counsel Anand Ramlogan, against the Sunshine Publishing Company. But the Sunshine filed an application last November requesting that Justice Seepersad recuse himself because of his comments made in the Graphix Arts judgement.

In delivering a 14-page judgement yesterday on the issue, Justice Seepersad stated that there is no connectivity with the Graphix Arts case and the Libel case and there was no attack on Warner, but for the employment arrangement.

The court, in the eyes of the public, Justice Seepersad stated, would not be looked upon as not having a fair-minded approach to sitting in judgement in the present lawsuit against the Sunshine Publishing Company.

He dismissed the case seeking his recusal and ordered the Sunshine Publishing

Hopefully, the “customer complaints” email and 800-LEAK number will be working soon. Maybe it already is.

W DOPSON Woodbrook, PoS

Police executed warrants on the officers who were ordered to hand over their cell phones. While some readily complied, others resisted before eventually handing over their phones. They claimed their phones contained sensitive information both of a personal and professional nature .

Officers are now examining the contacts list, jpeg images, voice notes, video recordings and WhatsApp content of the phones as part of their investigation .

The highly confidential memo, compiled by Division Head Snr Supt Kenny McIntyre, contained information pertaining to anti- crime initiatives including roadblock exercises, raids, mobile and foot patrols to be undertaken by officers within Central Division between the extended Easter weekend, from Holy Thursday straight to Easter Monday .

The memo detailed the number of officers designated to carry out a specific task in a specific location and also the time of the activity .

The memo was leaked to social media on April 13. Several officers from this division have already been interviewed including Snr Supt McIntyre who said the leak was very embarrassing to the Police Service and forced him to restructure the Easter weekend anti- crime plan .

McIntyre told investigators this was a serious breach which, had it gone undetected, could have placed the lives of officers at risk as the criminal element would have had been ready and waiting for officers .

Acting Commissioner of Police Stephen Williams is being kept abreast of the status of the ongoing investigations which Newsday understands is close to being completed and could see several officers facing disciplinary action .

Contacted yesterday for comment, Snr Supt McIntyre said he heard, “through the grapevine” that officers’ cell phones were seized. “If that is true, I have no problem because that type of behaviour (leaking of the memo) cannot be tolerated at all,” the top cop said .

Property or estate taxes tend often to be levied at the point of sale, but the application of the tax in Trinidad and Tobago, though based on sale-price evaluation, will be levied on all properties. Commercial and residential.

It will initially be self-evaluation, then certification.

Homeowners may like it less than landlords who don’t yet have sitting tenants. Landlords everywhere had been brought back down to earth with the realisation that the demand pool had shrunk. At the high end, owners of plush apartments who used to easily get fiveyear lease agreements at US$4,000 a month plus with big foreign firms have had to readjust their sights. It’s a tenant’s market. Has been for a while now.

There has been strong reaction to the tax.

How it plays out will tell us a lot about the state of the market. If landlords are generally unable to pass it onto tenants in a market that favours the latter, then that’ll be a clear sign that the housing recovery is lagging. But that depends on how deep into a contract a tenant is, and her willingness to negotiate and search for better deals. With the market the way it is now, the person the tax favours the least is the homeowner, whether s/he’s a landlord or not.

Homeowners, a new tax bill. Landlords, having to raise the rent.

Taxation isn’t popular. It’s always irks a bit when the TT$200 restaurant meal that you mentally calculated at the outset doesn’t look anything like the bill total after two sets of taxes have been added. And yet, attitudes to taxation vary, often in the same market. During the US elections, some rich people of a certain political persuasion said they’d be willing to pay more. Others, most notably the man elected president, said openly that they seek actively to pay as little as they can.

ACCA conducted a study of tax in the 20 richest countries in the world, the G20 group.

One of the main takeaways is that on tax matters, two-thirds of respondents distrusted of politicians. What do you think the figure is for politicians in TT? Ping a tweet to my twitter account below. Fifty-seven percent trust or highly trust professional accountants for information on the tax system, followed by professional tax lawyers (49%) and nongovernmental organisations (35%). The public doesn’t trust the media either — 41% said distrust or highly distrust, and interestingly 38% distrusted business leaders.

However, the findings aren’t uniform across G20 – I’d have been shocked if that was the case – and accountants don’t escape completely. While 58% of people in G20 countries believe the work of professional accountants is contributing to more efficient tax systems, France, Germany and Russia, do not have as much trust and belief in professional accountants as the rest of G20.

One interesting thing about the property tax in TT is that the dislike has been equal opportunity. Views on tax tend to cleave along the lines of who should pay more, or as is sometimes said in political debate on taxes, “soaking the rich.” Most G20 respondents do not believe that the rich are paying their fair share, with 52% answering agree or strongly agree, with the question of whether high-income earners are paying a reasonable amount of tax.

People tended to more sympathetic towards the tax burdens of the rich in Argentina, China, France, Indonesia, Korea, Mexico, Saudi Arabia, and Turkey. In Australia, Canada, Italy, the United States, and United Kingdom, people tend to think high income earners and multinational companies don’t get taxed enough. One interesting takeaway was that respondents were generally fine with companies employing tax shelters, but not so understanding of individuals doing it. They were 15% more likely to think it is appropriate or highly appropriate for multinational companies to minimise taxes, than they did for average or low income earning individuals to employ tax minimisation.

In Australia, Canada, Germany, Japan, the United States and United Kingdom, people view tax minimisation as something that is more appropriate for average or low income earners and local companies to do, but less so for high income earners and multinational companies. Italians and South Koreans tended to really dislike any form of tax minimisation.

The study is based on an online survey of more than 7,600 people across G20 countries.

It was a deep pool. Respondents include approximately 400 people from each G20 country.

Follow or engage on twitter, @oringordon

Justice Eleanor Donaldson-Honeywell ruled in favour of Joan Chee who, in 2016, was bypassed for promotion to the position of Acting Personnel and Industrial Relations Officer III.

Chee filed a judicial review claim against the Statutory Authorities Service Commission (SASC) contending that the commission acted irrationally and unreasonably when it appointed someone else to act in the position. She complained that the person who got the job never acted in the position before or held lower positions and that she (Chee) had the experience, qualifications and a recommendation of the chief executive officer for the promotion.

She also submitted staff reports which rated her performance as excellent and outstanding.

In a 26-page judgment, Donaldson- Honeywell ruled that the commission acted irrationally and in breach of Chee’s legitimate expectation that she would be promoted.

Chee began working at the corporation as a temporary Clerk I in 1978.

Donaldson-Honeywell said the commission failed to properly consider seniority, considered irrelevant factors and placed insufficient weight on others such as the CEO’s recommendations.

She also found that there was insufficient evidence that the SASC properly considered her long record of unblemished service, her excellent and outstanding performance during previous acting appointments, the fact that she was already serving in the personnel and industrial relations stream and appraised as eminently qualified for promotion.

The SASC’s decision was quashed and the court ordered that it reconsider Chee’s promotion in accordance with the findings of the court.

Chee was represented by attorneys Anand Ramlogan SC, Jayanti Lutchmedial, Kent Samlal and Douglas Bayley. The Commission was represented by attorneys Neil Byam, Karlene Seenath and Amrita Ramsook