Port-of-Spain – While for years it demolished thousands of squatters’ homes, the Land Settlement Agency did not have the lawful authority to do so. This was the declaration by a High Court judge on Friday in a landmark ruling that has arguably scored a victory for squatters.
In the class-action lawsuit brought by present and former occupants of several parcels of land once owned by Caroni (1975) Limited, Justice Carol Gobin also held that the State may not have a common-law right to evict persons from State lands and must comply with the requirements set out by statute. She warned that the current legislative framework must be tightened to properly deal with the problem of squatting.
“The LSA has no jurisdiction to evict squatters. This is because the State Land (Regularisation of Tenure) Act (SLRT) at Section 27(2) clearly recognises and preserves the jurisdiction of the Commissioner of State Lands.”
The judge found that under the current legislative framework, it is generally for the President – through the Commissioner of State Lands – to enforce the State’s rights in relation to its property. In relation to land that has been designated as settlements under statute, the Minister of Housing or the Tobago House of Assembly may issue orders for squatters to leave. However, if squatters fail to comply, it is for the Commissioner of State Lands – whose office falls under the Ministry of Food Production, Marine and Land Affairs – to seek to enforce such orders.
The Commissioner of State Lands is appointed under the State Lands Act. Section 6 (1) of the Act vests the management of all State Lands in the Commissioner and charges the office holder with the prevention of squatting.
The judge noted that Section 29 of the SLRT Act limits the scope of the work of the LSA and excludes the possibility of an “agency” relationship between the State and the LSA with regard to the issue of dealing with squatters on State lands.
“The LSA is a creature of statute,” Gobin said. “Its powers are prescribed by the SLRT Act. It can exercise its limited jurisdiction only in areas designated in accordance with that statute. It cannot through a claimed relationship of agency purport to lawfully exercise any powers other than those prescribed by Section 10 of the SLRT Act.”
Lawyers were last week warning that the case now opens the door to claims for damages from thousands who may have been affected by the actions of the LSA prior to 2010. But in her judgement, Gobin was careful to clarify that her ruling did not affect the fundamental legal status of squatters.
“This decision gives the claimants no right in the lands they occupy,” she said. “It simply decides that the LSA in evicting some of them and in threatening to evict the remaining claimants, acted unlawfully, in that it purported to exercise a power that it did not have.”
The case, which dates back to 2008, was brought by a team of lawyers which included Kamla Persad-Bissessar who practised as an attorney before being elected to the post of Prime Minister. At the time of the case, in addition to being the Siparia MP, she was in private practice. After Persad-Bissessar took higher office, the case was continued by attorney Mark Seepersad.
The claimants in the court action were all occupants of several parcels of land formerly owned by Caroni 1975 Limited. By Act of Parliament in 2005, the former Caroni lands were vested in the State. The parcels of land involved in the case are all located at Windsor Park and Esperanza Village, California.
It was alleged that on July 17, 2008, officials of the LSA unlawfully entered lands occupied by ten of the claimants and demolished their homes. Other claimants were notified of impending eviction either by oral threats or in letters issued on the letterhead of the LSA and signed by its Chief Executive Officer, Ossley Francis.
In her ruling, Gobin also argued the State may not have a carte blanche common-law right to evict squatters. Instead, that right is regulated by statute and there are procedures that must be adhered to. She cited the State Lands Act.
“The SLA... regulates the conduct of the State. It provides for a civilized (if outdated) system to treat with squatters. It contemplates access to a judicial process,” the judge opined. “It would be entirely inconsistent with the philosophy of this legislation (now almost 100 years old) if some residue of prerogative power or if some alleged common-law right, allowed the State with all its might and under cloak of using necessary force to trample upon people (even squatters) and destroy their homes. A recognition of any such power would be retrograde.”
Government Chief Whip Dr Roodal Moonilal welcomed the ruling and said legislative amendments could be tabled in Parliament within a year to regularise the activities of the LSA.
As the Minister of Housing and the Environment, Moonilal is the line minister for the LSA.
“The ruling of the High Court judge has vindicated the vision of the Prime Minister who, when in Opposition and in private practice took up the plight of those helpless citizens whose rights have been undermined by the former PNM administration,” Moonilal said.
“Kamla Persad- Bissessar has always maintained that the law did not provide for the LSA to destroy the structures and dwellings of citizens on state lands and Mrs Persdad-Bissessar fought long and hard in the Parliament, in the courts and in the local communities to preserve the rights of those helpless citizens.”
In her ruling, Gobin rejected the idea that a Cabinet Note of the last PNM administration gave the LSA the legal authority to take action to demolish homes. “A Cabinet Note cannot authorise the usurpation of the power of the Commissioner of State Lands,” she said. She referred to a Cabinet note detailed in Cabinet Minute No. 1095 of May 11, 2006.
The minute set out the PNM’s policy decision to “visibly reduce and eradicate the incidence of squatting on all State lands” and to give the LSA greater powers to do this. However, Gobin noted, the Cabinet itself acknowledged that legislative amendments would be required.
Moonilal said the State will draft legislation to regularise the role of the LSA with regard to enforcement.
“The law needs amendment, specifically the SLRT, in order to allow the LSA the power to demolish structures that are illegally erected and this is a matter that is engaging the ministry and the ministry of the Attorney General. The PNM could not attend to this in eight years. We expect that in the first year we will bring such amendment to the Parliament,” he said.
Moonilal warned that the case brought against the LSA has cost taxpayers millions and further costs are anticipated from thousands of squatters who may have been evicted by the LSA for years under the PNM.
“This could go into the millions,” he said. “As Minister of Housing I am shocked that the LSA, under the former ministers Dr Keith Rowley and (former Senator) Dr Emily Gaynor Dick-Forde, was allowed to break the law and violate the Constitutional rights of citizens.”
There are an estimated 300,000 squatters in Trinidad and Tobago.

Port-of-Spain - Increased food prices have pushed the local headline inflation rate in the past two months to 13.4 per cent as of December 2010.
In a statement last week the Central Bank of Trinidad and Tobago disclosed the increase from 12.5 percent in October 2010 and attributed the change to increased food prices.
However, core inflation has remained "virtually unchanged", the CBTT said, from 4.7 percent in October 2010 (year-on-year).
The bank also announced a reduction in the 'Repo' rate.
"Food inflation, which had reached a high of 39.1 percent in August before easing to 26.7 percent in October, rose again to 29.5 percent as at December, 2010," the CBTT stated.
"The unprecedented level of food price inflation is mainly due to domestic supply shocks resulting from unusually heavy floods. In December 2010, the prices of vegetables, fruits and milk, cheese and eggs were 42.5 percent, 32.4 percent and 11.3 percent higher than a year earlier."
From a macroeconomic view, recent economic indicators point to improved energy sector activity but the pace of revival in the non-energy sector remains tardy.
"Business firms seem to be still reticent about engaging in new investment activity while consumer sentiment, though improving, remains cautious about the economy's growth prospects," the CBTT said.
The CBTT added: "With core inflation well-anchored for the time being and with a recovery of activity in the non-energy sector continuing to be an urgent priority, the bank has decided to reduce the "Repo" rate by 25 basis points to 3.50 percent." The next "Repo" rate announcement is scheduled for February 25, 2011.

Port-of-Spain - With criminal gangs in Port-of-Spain becoming increasingly uncontrollable, engaging in shootouts with each other and injuring innocent bystanders in the process, the Police Service has formed a special unit designed to tackle gangs in all forms.
The unit is called the "CCTV Response Unit", consists of approximately 100 police officers pulled from various sections and specially trained units and will carry out 24-hour patrols and response services in known crime hotspots.
The officers were sourced from units such as the Anti-Kidnapping Unit, Port-of-Spain Division Task Force, Port-of-Spain High Performance Team, Guard and Emergency Branch and the InterAgency Task Force.
The unit, which is based at the former Repeat Offenders Task Force office upstairs the Besson Street Police Station, is expected to be officially launched this month.
Among the senior officers at the unit, which was formed by acting Deputy Commissioner Anti-Crime Operations Raymond Craig and ACP Harold Phillip, are acting ASPs Sahadeo Singh, of the Besson Street CID, Kenny McIntyre, along with Alleyne of the GEB, Walcott of the IATF, Sgts Brandon John of the Belmont CID and Kester Billy of the POSTF.
Commissioner of Police Dwayne Gibbs said he did not wish to speak about the initiatives his officers intend to embark upon. Describing the recent activities involving gangs in East Port-of-Spain as "very tragic", Gibbs said he was certain that with the new measures being implemented the police will be successful.
"I won't talk about any kind of tactics that the police are engaged in, but certainly the crime that is taking place, the murders that are taking place, are very tragic and something that is of concern, and I can assure you and Trinidad and Tobago that we are doing everything we can to suppress these types of events from taking place."
Questioned about the decision to remove the mobile police units from Mango Rose, East Dry River and Block Eight, John John, Laventille, Gibbs said, "We have looked at our policing efforts and we are taking stock of what needs to be done, and I can assure the public that our policing efforts haven't diminished, but have increased and will continue to increase in order to help fight this terrible scourge of crime that we are facing."
Security concerns have been raised by several residents after the two units were removed last month. Hours after the removal of the units, there was a significant increase in gang-related shootings in both communities. Port-of-Spain Mayor Louis Lee Sing said the withdrawal of posts has led to an escalation in criminal activities and called for the units to be returned.

Port-of-Spain - While Trinidad and Tobago has turned the corner and signs of economy recovery are evident, there is still much work to do in order to put the economy on the right track, Finance Minister Winston Dookeran said last week.
In a statement to Parliament, Dookeran gave an overview of the annual Article IV consultation with the International Monetary Fund as well as a Financial Sector Assessment.
He said the IMF’s Executive Directors commended the authorities for moving forward with the restructuring of the failed insurance company Clico while containing the ensuing fiscal costs. "They supported the decision to provide a liquidity window for credit unions dealing with their claims on the company and open a compassionate window for particularly vulnerable individuals," Dookeran said.
He said the directors also commended "the authorities for the continued prudent macroeconomic policies that helped mitigate the impact of external shocks".
"Directors observed that notwithstanding the improving global conditions and the rebound in commodity prices, economic activity remains weak and the near-term outlook is affected by uncertainty. They recognised that the immediate challenge is to restore confidence by providing a supportive policy mix and addressing remaining weaknesses in the financial system," Dookeran said.
He said the directors supported the 2010-11 budget, which is appropriately geared toward reinvigorating the economy, and encouraged the authorities to accelerate its implementation.
He added that the Directors agreed that once the economic recovery is well-established, fiscal policy should aim towards reducing public debt and rebuilding buffers in the medium terms. "This objective could be achieved by reversing the large increases in current expenditures that occurred during the boom years, while ensuring adequate social spending and investment to promote economic diversification. They also called for strengthening tax administration," Dookeran said.
He said the Directors noted that major steps were needed to strengthen the regulation and supervision of the financial sector, including broadening the perimeter of regulation, addressing the remaining problems in the insurance sector and improving legislation dealing with failed financial institutions.
Dookeran said Standard and Poor's Research had just completed a rating review of the country and on January 14 issued a release affirming Trinidad and Tobago's long-term foreign currency rating at 'A' which reflects the prime signal to investors.

Port-of-Spain - The Trinidad and Tobago Association of Local Government Authorities is seeking an increase in salaries for mayors, chairmen of city municipalities and regional corporations on par with that of permanent secretaries, TALGA president, Orlando Nagassar, says.
In addition, TALGA has proposed that councillors will be paid a salary in the range of (TT) $8,000 to $10,000 per month "plus the perks that go with it".
During a one-day seminar for elected local government representatives last Friday, Nagassar said TALGA has put forward the proposal to the Salaries Review Commission for the increases in salaries for the mayors and chairmen, and to upgrade the stipend so that councillors receive a monthly salary.
"We are also asking for an office for councillors and a secretary. The office should be equipped with computers," he said.
Nagassar said councillors are paid less than a pensioner, as their stipend is $2,500.
"We are trying to lift the dignity and standards of the councillors and to lift their status in a way that people respect them. They must not be seen as picking up garbage on the road," Nagassar said.
Before the local government elections were held in July last year, he said, a lot had been said about reviewing the remuneration of the councillors and upgrading their status, adding the councillors were looking forward to some addition to their remuneration.
Asked how confident he was that the SRC would respond positively to TALGA's proposals, Nagassar said, "We are hoping they would treat us with a bit of dignity as regards remuneration."
He said councillors have been agitating for increases for the last ten years. The last SRC only gave an additional $25 allowance for telephone and a $50 travelling allowance. There was no increase in the stipend.
He said Members of Parliament know the work that the councillors have to do, which includes meeting people in their homes and tending to their problems on a personal basis.
"They are the ones who will serve you together with your Member of Parliament," he said.
Noting that salary negotiations were still ongoing, he said councillors were worse off than workers represented by the Public Service Association.