While the State has the right to govern and make decisions in the interests of its citizens, it must do so within the context of the rule of law. The rule of law is what protects citizens from political arbitrariness and from anarchy. The Constitution protects fundamental human rights and freedoms under Sections 4 and 5, and they apply to everyone without discrimination based on race, origin, colour, religion, or sex.
The laws also apply to State officials in whatever form. For example, law enforcement officers can enforce the law, but must do so within its confines. There are many examples, perhaps all too frequently, where State officials, the police in particular, have exceeded their authority and the State is responsible for damages.
In this regard, the Tunapuna Regional Corporation is a body corporate, a legal person. It has inalienable legal rights in relation to property over which it has control or is vested in its name under the Municipal Corporations Act. The State cannot occupy or use its property without its consent or without due process. Remarkably, the State or its agents began to construct a police post on land over which it had no authority, without the necessary permissions and approval required by law. This, by the definition of the law, amounts to a trespass.
This exercise falls under the aegis of the Ministry of Homeland Security, a ministry tasked with law enforcement and the defence of citizens’ rights.
To further complicate matters, the foundation slab was built over a natural gas line, demonstrating a lack of thought, process, planning, and organisation.
Whilst the Tunapuna Regional Corporation is under the control of the opposition party, it is noteworthy that other UNC corporations have also confirmed the lack of consultation.
The issue, therefore, is not a political matter but a matter of process and basic courtesy. There are rules and regulations governing construction works, none of which appear to have been followed.
Regardless of noble intent, this was an illegal act and justified a stop order.
The Corporation has not objected to the establishment of a police post. Then there is the matter of procurement.
It is disingenuous and misleading to suggest that the Corporation is unwilling to support an anti-crime measure. The Corporation chairman has indicated a willingness to support the move but raised the issue of consultation and process.
This is another example of a disturbing trend of subordinating due process and the rule of law to the court of public opinion. Office holders will come and go, but the institutions must stand for principle.
The post The ends do not justify the means first appeared on CNC3.
