“It is clear, based on Minister Imbert’s press conference, that the Government is prepared to sacrifice the procurement law on the altar of political expediency” – Freedom Law Chambers
By Sue-Ann Wayow
OPPOSITION Leader Kamla Persad-Bissessar and former Attorney General Anand Ramlogan have served another legal letter to the Attorney General Reginald Armour and Finance Minister Colm Imbert relating to another exemption order arising out of the Public Procurement Act.
The letter is dated on Wednesday comes a day after a similar letter was filed by activist Ravi Balgobin Maharaj concerning the Legal Notice No. 206 of 2023 which is an order made by the Finance Minister to exempt “services for events associated with visits by foreign heads of state, foreign heads of government or foreign dignitaries to the Government of Trinidad and Tobago” for a period of three months from June 29, 2023.
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The second pre-action protocol letter points to Legal Notice No. 164 of 2023 which was issued by Imbert on May 29 and involves procurement of goods and services as it relates to the Judiciary. In this matter Persad-Bissessar leads the legal team.
According to the letter, the Act does not apply in 15 varying circumstances including all goods, services and commodities related to jury management and judicial security management and all goods, services, works and commodities relating to witness support services and victim support services.
Similarly, the order is for a period of three months from the May 29 date of issue.
Persad-Bissessar and Ramlogan are leading Balgobin Maharaj’s attorneys Saddam Hosein and Natasha Bisram.
The letter also signed by Vishaal Siewsaran of Freedom Law Chamber states, “Since our client’s letter was issued, his diligent searches have revealed another legal notice, namely Legal Notice No. 164 of 2023.
“This legal notice was issued under the hand of the Minister of Finance on the 29th May 2023. By the said legal notice, the Honourable Minister purported to exempt the Judiciary from the Public Procurement and Disposal of Public Property Act, No. 1 of 2015 (“the Procurement Act”) in relation to several matters.”
Armour and Imbert have been given till July 17 to respond failing which attorneys have been instructed to file, as a matter fit for urgent hearing, Balgobin Maharaj interpretation claim in the High Court.
The letter states, “Similarly, Legal Notice No. 164 of 2023 is illegal, null and void, and of no legal effect because it was premised on a statute which contains an obvious and clear drafting error. As stated in our client’s pre-action protocol letter, it was clearly the intention of the Parliament and the Minister that the Minister’s power under Section 7 (6) (e) ought to be exercised subject to affirmative resolution of the Parliament.”
The matter is considered urgent as two key events are scheduled within the three month period.
“The timing of the enactment of the Legal Notice 206 of 2023 is also suspicious and concerning,” the letter states.
The first of the events is the visit of Ghana’s Ashanti King the Asantehene Otumfuo Osei Tutu II to participate in the Emancipation Day celebrations on August 1.
The second is the Commonwealth Youth Games to be hosted by Trinidad and Tobago, from August 4-11. Over 1,000 athletes and para-athletes are scheduled to participate in seven sports managed by over 500 officials.
“It is undeniable that these events, whereby the country hosts various foreign leaders, would have cost, and will cost the taxpayers’ millions of dollars,” the letter states.
The letter referred to Imbert’s press conference on Tuesday to address the matter of the first pre-action protocol letter.
“The Government’s blatant disregard for the law is both troubling and disturbing. The Minister’s feeble attempt at providing an explanation at his press conference yesterday only serves to emphasize the Government’s clear and unambiguous contempt for the rule of law and the principles of accountability and transparency. It is clear, based on Minister Imbert’s press conference, that the Government is prepared to sacrifice the procurement law on the altar of political expediency,” the letter states.
A copy of the pre-action protocol letter has also been sent to the Procurement Regulator.
