GREAT BAY--Nation Opportunity Wealth (NOW) Member of Parliament (MP) and Vice Chairman of the Justice Committee in Parliament, Lyndon Lewis has expressed concern over the Minister of Justice, Nathalie Tackling, refusal to commission an independent review into the temporary designation of Chief of Police Carl John as Acting Secretary-General of the Ministry of Justice.
The Minister has explained to Parliament that assigning the Acting Secretary-General responsibilities was within her ministerial authority and carried out in accordance with the applicable legal framework.
"However, the question raised by the NOW faction was never limited solely to whether the Minister possessed the authority to make the decision. The concern is whether the decision-making process was transparent, appropriate and sufficiently safeguarded against any actual or perceived conflict of interest," Lewis said.
An independent review would not automatically invalidate the Minister's authority or presume that wrongdoing occurred. On the contrary, it would provide an impartial assessment of the process, confirm whether all applicable rules and procedures were followed, and strengthen public confidence in the leadership and administration of the Ministry of Justice.
“If the Minister is confident that the temporary designation was lawful, appropriate and properly executed, then what is there to fear from an independent review? What is there to hide? The refusal naturally raises the question of whether there is something the Minister does not want independently examined or disclosed.” MP Lewis Stated.
He said transparency cannot simply be declared by the same authority whose decision is being questioned. Genuine accountability requires a willingness to allow decisions - particularly sensitive decisions involving the leadership of the Ministry of Justice and the Chief of Police - to withstand objective and independent scrutiny.
"It is no secret that the Police force of Sint Maarten (KPSM) lacks the necessary man power, the Philipsburg Head Quarters and Simpson Bay substations are in a deplorable state, the unnecessary spending on rent for other substations that are not manned and the countless court cases against the Minister by employees, regarding their proper placements which falls under the purview of the Chief of Police as department head. “KPSM is overwhelmed with many other issues and the Chief of Police should stay focus on normalizing the functioning of his department, before taking up any other task. We should not want titles for titles sake” MP Lewis stated.
The MP said that the Minister's reference to parliamentary oversight and existing complaint mechanisms does not eliminate the value of an independent review. Parliamentary questions are only as effective as the completeness and accuracy of the answers provided, while complaint procedures largely depend on affected employees coming forward. Justice personnel may be reluctant to submit formal complaints when those complaints involve senior officials who exercise authority over their employment or professional future.
"The assertion that no formal complaints have been received does not, by itself, establish that concerns do not exist. It may also indicate that employees lack sufficient confidence in the available reporting mechanisms or fear possible consequences for speaking out. This is precisely why independent and confidential oversight is important. “I personally have received many complaints regarding mismanagement, abuse of power and victimization within the department and some employees are afraid to speak out, while those who do are at home at the country’s expense.” MP Lewis stated."
MP Lewis also sated that Minister's explanation that Acting Secretary-General is not a separate function and that similar temporary assignments have occurred previously. However, the fact that a practice may have occurred before does not place it beyond examination. It is alleged that the Chief of Police when functioning as Acting Secretary General oversteps his boundaries when the current SG is on the job, allegedly based on the directives of the Minister reason why an independent review is necessary. Past practice is not a substitute for transparency, accountability or compliance with good-governance standards.
"The Ministry of Justice holds tremendous power and responsibility. Its leadership decisions must therefore meet the highest standards of integrity, impartiality and public accountability. Public confidence is not strengthened by refusing independent scrutiny; it is strengthened by demonstrating that there is nothing to conceal."
MP Lewis is therefore renewing his call for an independent review of the circumstances, procedure and safeguards surrounding the temporary assignment. Such a review should determine whether the designation complied fully with the applicable legal and administrative framework, whether conflicts of interest were adequately addressed, and whether justice personnel had access to safe and credible complaint mechanisms.
“My request for an independent review is a legitimate exercise of parliamentary oversight and a necessary call for transparency within one of the country's most important institutions, one that I happened to worked in for many years.” MP Lewis stated. The people of Sint Maarten deserve more than assurances that everything was handled properly. They deserve independent confirmation that it was," he concluded.
