
Govt heads to Appeal Court
The trinidad Guardian / Property owners can breathe a sign of relief after a High Court judge last evening granted a temporary halt with immediate effect to the enforcement and implementation of the Valuation Return Form, commonly called Property Tax Form.
Justice Frank Seepersad granted the interim stay as he also granted leave to former agriculture minister Devant Maharaj to file for judicial review to challenge the legality of the process adopted to enforce the Property Tax law. The stay will remain in effect until May 31, when the case management conference is heard or until further order.
However, in an immediate response last night acting Prime Minister and Finance Minister Colm Imbert announced that they will appeal the matter. The appeal has been listed for 9 am before the Court of Appeal on Monday.
The decision comes a month after the population was informed, via press release, that they would begin receiving the Property Tax forms in the mail, which were to be filled out and submitted to Valuation Division centres before a May 22 deadline.
This was met with strong opposition by Opposition Leader Kamla Persad-Bissessar and other sections of the public. However, following a rush by property owners to meet the initial deadline, which resulted in long lines at the centres, Imbert two days ago announced an extension to June 5.
The tax is expected to bring in about $500 million in revenue for the Government, according to Imbert, who also revealed in the recent mid-year budget review that the country had lost $20 million in annual revenue since 2014.
Through his team of attorneys led by Anand Ramlogan SC, Maharaj is contending that the entire approach to enforcing the tax is unconstitutional, illegal and ultra vires.
Yesterday in the San Fernando High Court, Ramlogan argued before Seepersad that the implementation of the tax was being undertaken without the enactment of the necessary legislation and/or without amendments to the existing statutory framework.
Ramlogan also submitted that Maharaj was being coerced to submit the forms with a threat of prosecution if he failed to do so.
The ex-parte application was initially heard in the absence of the respondents, the Attorney General and the Commissioner of Valuations, or their attorneys. However, before the judgment was given the respondents’ attorney, Deborah Peake SC, saw an online article on the T&T Guardian website regarding the matter and she telephoned the judge asking to be heard. The judge granted her request.
Peake later argued, via video conference from the Port-of-Spain Supreme Court, that the act empowers the commissioner – subsequent to April 1, 2010, when the Property Tax was enacted-, to issue notice to property owners under a continuing obligation and an amendment to the law was not necessary.
She also said there was no indication that the population was being mandated to submit the forms and failure to do so would result in the imposition of a sanction. Peake further submitted that it was a voluntary exercise whereby citizens could engage in the process of valuation before the commissioner moved forward with any other action.
However, in his 15-page judgment Seepersad said the laws cannot be amended by ministerial decree or by way of press release. Noting that the press release did not reflect that the process was voluntary, the judge also alluded to a CNC3 interview with officials from the Valuation Division, who expressly stated that failure to submit the form would attract sanctions. In a democratic society, Seepersad said citizens have a right to understand why they are mandated to act in a certain way and more importantly, to be properly informed as to the sanctions to be imposed on them if they fail to comply.
“The public interest can never be served by the sanctioning of any process which imposes an obligation to act if that process is not premised upon a foundation that is lawful and constitutional,” Seepersad wrote.
“The executive arm of the state should never be able to exceed its jurisdiction and to eviscerate the authority vested in the legislative arm of the state and laws cannot be amended by ministerial decree or by way of press release.”
Seepersad thus granted leave on the condition of the filing and service of the substantive claim on or before 4 pm on May 22. Costs were reserved until the completion of the claim.
Maharaj was also represented by Alvin Pariagsingh, Kent Samlal, Robert Abdool-Mitchel, Chelsea Stewart, Douglas Bayley and Jayanti Lutchmedial.
Related Posts
-
-
-
-
21 April, 2018 Mother uses son’s death to power charity
-
21 April, 2018 World leaders welcome North Korea's decision
-
Loading...
North America
-
North America Luis Alfonso Oberto Anselmi Venezuela # ||||*&* ||21 // Tampa aplaude incorporación del receptor Wilson Ramos
26 June, 2017CARACAS.- La espera terminó y los Rays de Tampa Bay, en teoría, reforzaron la posición que menos le estaba aportando a la ofensiva con el regreso del criollo Wilson Ramos a las mayores. ?Estamos felices por tener a Wilson Ramos con nosotros? , dijo Kevin Cash a MLB.com. ?Me imagino que probablemente tenía algunas inquietudes…
-
North America Luis Alfonso Oberto Anselmi Venezuela # ||||*&* ||21 // Tampa aplaude incorporación del receptor Wilson Ramos
26 June, 2017CARACAS.- La espera terminó y los Rays de Tampa Bay, en teoría, reforzaron la posición que menos le estaba aportando a la ofensiva con el regreso del criollo Wilson Ramos a las mayores. ?Estamos felices por tener a Wilson Ramos con nosotros? , dijo Kevin Cash a MLB.com. ?Me imagino que probablemente tenía algunas inquietudes…
-
North America Luis Alfonso Oberto Anselmi Venezuela # ||||*&* ||90 // Las ‘mega operaciones’ disparan a cifras récord la inversión inmobiliaria
26 June, 2017La compraventa de inmuebles como Torre Agbar, Xanadú y el Edificio España aumenta un 70% la inversión en el primer semestre hasta los 6.000 millones de euros. La inversión inmobiliaria vuelve a registrar cifras récord en el mercado español. A falta de apenas cuatro días del cierre del semestre, la compraventa de edificios y solares…
-
North America Luis Alfonso Oberto ||6 // PM’s Eid: prays, gives alms*
26 June, 2017san fernando Prime Minister Dr Keith Rowley prayed with members of the Muslim community and distributed zakat (charity) to the needy as he celebrated Eid-ul-Fitr at two masjids in San Fernando yesterday. He attended the Eid services on an invitation from Minister of Local Government Kazim Hosein, who is also referred to as a…
-
North America Luis Alfonso Oberto PDVSA *&* ||116 // ‘HERO’ MOM SHOT DEAD*
26 June, 2017gasparillo The mother of a disabled child was shot dead inside her apartment in Gasparillo yesterday. Ornella Philips, 28, was shot once in the chest. Her body was discovered lying in the living room around 10 a.m. The country’s murder toll now stands at 243. Her eight-year-old daughter, Kayla, has cerebral palsy and depends…
-
North America Zenaida Urbano Taylor ||74 // Activists kept from gathering en masse for Istanbul Pride
26 June, 2017ISTANBUL (AP): Turkish police stopped activists for lesbian, gay, bisexual, trans and intersex rights from gathering in large numbers for an LGBT Pride event in Istanbul yesterday, but smaller groups made impromptu press statements, defying a ban imposed by the governor. Organisers of the 2017 Istanbul LGBTI+ Pride had vowed to march in central Taksim…
-
North America Zenaida Urbano Taylor ||16 // UK: All samples from high-rise towers fail fire safety tests
26 June, 2017LONDON (AP): The list of high-rise apartment towers in Britain that have failed fire-safety tests grew to 60, officials said yesterday, revealing the mounting challenge the government faces in the aftermath of London’s Grenfell Tower fire tragedy. All of the buildings for which external cladding samples were so far submitted failed combustibility tests, Communities Secretary…
-
North America Zenaida Urbano ||3 // Over 150 dead as overturned fuel truck explodes in Pakistan
26 June, 2017BAHAWALPUR (AP): Alerted by an announcement over a mosque’s loudspeaker that an overturned tanker truck had sprung a leak, scores of villagers raced to the scene with fuel containers yesterday to gather the oil. Then the wreck exploded, engulfing people in flames as they screamed in terror. At least 153 men, women and children were…
-
North America Zenaida Urbano Taylor ||104 // Trump: Not ‘that far off’ from passing health overhaul
26 June, 2017WASHINGTON (AP): Making a final push, United States President Donald Trump said he doesn’t think congressional Republicans are “that far off” on a health overhaul to replace “the dead carcass of Obamacare”. Expressing frustration, he complained about “the level of hostility” in government and wondered why both parties can’t work together on the Senate bill…
-
North America Luis Alfonso Oberto Anselmi Venezuela # ||||*&* ||55 // Brian-Paul Welsh | Ignorance is bliss
26 June, 2017While reliving the horrors experienced by so many families after another spate of bizarre violence across the country last week, I couldn’t help but picture Tourism Minister Ed Bartlett’s rictus grin plastered on television screens while the elderly and even suckling babes were being gruesomely slaughtered inside their homes. While the rest of us were…
- 21 April, 2018 Teachers should not fear pending licensing regime, says minister
- 21 April, 2018 Lazy people! – Canadian politician apologises after labelling Jamaicans as unproductive weedheads
- 21 April, 2018 Child Development officer dies after vehicle found overturned
- 21 April, 2018 Mother uses son’s death to power charity
- 21 April, 2018 World leaders welcome North Korea's decision
- 21 April, 2018 FLOW's School Garden Project important life lesson in self-sustainability – VP
- 21 April, 2018 25 delinquent NWC customers prosecuted in first quarter
- 21 April, 2018 Excellent performances at Music and Comedy
- 21 April, 2018 Melbourne, St Catherine clash in Senior Cup semis
- 21 April, 2018 JUTC running ads against preaching on buses
-
21 April, 2018 Teachers should not fear pending licensing regime, says minister
Jamaica Gleaner / Education minister Ruel Reid is assuring teachers that the pending licensing and registration regime for the profession will serve to enhance their capacities and should not be feared. “I don’t want people to be afraid of [registration and licensing]. I think it will be good for the system,” he said. The minister…
-
21 April, 2018 Lazy people! – Canadian politician apologises after labelling Jamaicans as unproductive weedheads
Jamaica Gleaner / Faced with a social media backlash, Canadian Legislative Assembly member Elizabeth Smith-McCrossin, has backtracked on claims that Jamaicans are lazy and underproductive because of their excessive use of ganja. Smith-McCrossin, a member of the Legislative Assembly for Cumberland North and candidate for leader of the Nova Scotia Progressive Conservative Party in Canada,…
-
21 April, 2018 Child Development officer dies after vehicle found overturned
Jamaica Gleaner / CeceliaCampbell-Livingston, Gleaner Writer A child development officer at the Summerfield Girl’s Home in Clarendon died yesterday after her motor vehicle was found overturned in bushes in the parish. She has been identified as 30-year-old Kimberly Risden. Her 5-year-old son, who was also found inside the vehicle, has been treated at hospital and…
-
21 April, 2018 Mother uses son’s death to power charity
Jamaica Gleaner / Six years ago, it was a very heartbroken Stephanie Allen who said goodbye to her son, Selwin Thomas. It marked the end of a long struggle that began when he was just 10 months old. He developed a brain tumour and had to be operated on nine times. After 19 years, she…
-
21 April, 2018 World leaders welcome North Korea's decision
Jamaica Gleaner / The European Union (EU) has described the decision by North Korea to discontinue further nuclear tests as a positive move, but says there should be complete denuclearisation. “It is a long sought-after step that should lead to verifiable and irreversible denuclearisation,” EU foreign policy chief, Federica Mogherini, was quoted as saying. United…
-
21 April, 2018 FLOW's School Garden Project important life lesson in self-sustainability – VP
Jamaica Gleaner / Lisa Bailey, vice-principal of the Mountain View Primary School, has hailed the recently launched School Garden Project as an important life lesson in self-sustainability and community development. Yesterday, FLOW Foundation launched the initiative in conjunction with the Jamaica 4-H Clubs. Five primary schools – Dupont, Mountain View, Elletson, Clan Carthy, and George…
-
21 April, 2018 25 delinquent NWC customers prosecuted in first quarter
Jamaica Gleaner / The National Water Commission (NWC) says 25 delinquent customers, with outstanding balances totalling over $3 million, were prosecuted during the first quarter of this year. According to the NWC, the legal action followed a number of recovery activities in Kingston, St Catherine and Clarendon. The NWC said four of the 25 persons…
-
21 April, 2018 Excellent performances at Music and Comedy
Jamaica Gleaner / Sunday’s second monthly instalment of Music and Comedy at Oceans 11 in Ocho Rios St Ann was worth going the miles to see. Following last month’s first staging that featured St Mary trio, Exhale, and comedian Lemon, this month featured Peter Lloyd and Christopher ‘Johnny’ Daley – and they were excellent. The…
-
21 April, 2018 Melbourne, St Catherine clash in Senior Cup semis
Jamaica Gleaner / Title-favourites Melbourne and St Catherine CC will lock horns in the feature match-up of the Jamaica Cricket Association Senior Cup semi-finals at Chedwin Park, starting today. Melbourne who will be hunting their third straight appearance in the final are set to be bolstered by the return of West Indies one-day spinner Nikita…
-
21 April, 2018 JUTC running ads against preaching on buses
Jamaica Gleaner / The Jamaica Urban Transit Company (JUTC) is currently running advertisements in the media, appealing to lay preachers who attempt to win souls on the state-run buses to discontinue the practice. JUTC’s Communications Manager Cecil Thoms told The Gleaner yesterday that it is not the first attempt at getting the preachers to comply…
-
21 April, 2018 State-of-the-art UTech pharmacy officially opens
Jamaica Gleaner / The University of Technology (UTech) recorded a historic milestone on Thursday, with the official opening of a new state-of-the-art pharmacy located at the College of Health Sciences, Papine campus. The spacious, approximately 1,000-square-foot pharmacy replaces the former UTech Pharmacy which previously operated in a much smaller location at the college, dating back…
-
21 April, 2018 Williams eyes 12.4 after C'wealth silver
Jamaica Gleaner / After enduring a series of setbacks at the beginning of the season, Danielle Williams says she will forever cherish the silver medal she won in the 100m hurdles at the recently concluded Commonwealth Games. The 2015 world champion suffered two major injuries leading up to the Games and was only hoping to…
-
21 April, 2018 Actor known as Mini-Me has died
Jamaica Gleaner / Verne Troyer, the American actor best known for playing Mini-Me in the ‘Austin Powers’ movie franchise and one of the shortest men in the world, has died. He was 49 years old. News of Troyer’s death was posted to his Instagram account a short time ago. “It is with great sadness and…
-
21 April, 2018 Price: We were nervous
Jamaica Gleaner / Senior women’s team assistant coach, Andrew Price, was a disappointed man yesterday after Jamaica were only able to score a narrow 3-2 victory over regional minnows Barbados in the Caribbean Football Union Challenger Series at the UWI/JFF/Captain Horace Burrell Centre of Excellence yesterday. Jamaica’s goal scorers were Kevena Reid in the 34th…
-
21 April, 2018 Honest music – NIA supports 'I Am Integrity' album
Jamaica Gleaner / The name of the album in its entirety – I Am Integrity – and the beat to which a number of vocalists mate their voices – the Integrity Riddim – make the intention of the recently released project clear. Along with the Big Woman Tingz album, I Am Integrity was recently presented…
-
21 April, 2018 No stopping daCosta's She's A Maneater
Jamaica Gleaner / AFTER two clashes at the back end of last season, one a runaway win and the other a thrilling finish, the filly SHE’S A MANEATER and BIGDADDYKOOL resume their rivalry in Saturday’s 1820-metre Legal Light Trophy. The classy runners last met in December’s Diamond Mile, which Wayne DaCosta’s SHE’S A MANEATER easily…
-
21 April, 2018 Stop interfering in police operations, JCF warns citizens
Jamaica Gleaner / The leadership of the Jamaica Constabulary Force (JCF) is again raising concerns about what it says is the frequency with which members of the public continue to interfere in police operations, especially in cases where an arrest is being made in a public space. According to the JCF, there has been numerous incidents…
-
21 April, 2018 Jaevion Nelson | Push harder for gay rights
Jamaica Gleaner / Prime Minister Andrew Holness’ recent positive statements about lesbian, gay, bisexual, and transgender (LGBT) persons in Brussels and London will help greatly to disrupt the tyranny of hypocrisy around human rights that has been plaguing our country for far too long. Quite often, our politicians pander to popular negative sentiments about LGBT…
-
21 April, 2018 Eutelsat partners with Caribbean Broadcasting Union
Jamaica Gleaner / Eutelsat, one of the leading satellite companies for TV broadcasting, has launched a collaboration with the Caribbean Broadcasting Union (CBU). Together, the CBU and Eutelsat will promote TV broadcasting in the Caribbean region as satellites are a key component of the digital infrastructure, transforming the TV landscape by delivering to viewers improved…
-
21 April, 2018 Music and More | Rebuilding the silly event season
Jamaica Gleaner / As the organisers of Carnival in Jamaica 2018 revel in the record number of visitors it attracted (over 50,000 arrivals have been connected to the season by Tourism Minister Ed Bartlett), I am looking at the calendar of large-scale entertainment events in Jamaica, and wondering if it is getting to the point…