Gordon Robinson | Old BC has water in her mouth

Contrary to Matthew Samuda’s recent rants the health of all citizens in Kingston and St Andrew (KSA) is very much Kingston and St Andrew Municipal Corporation’s (KSAMC) responsibility and concern.

Samuda’s gross over-reaction (which, as we all know, is 144 times worse than normal over-reaction) to what he says is KSAMC’s misrepresentation of contents of a NWC water quality report is troubling.

NWC now refuses to share any future reports with KSAMC and, instead of lowering temperatures, Samuda issues an intemperate tirade supporting NWC’s abandonment of process and accusing KSAMC of political mischief. He admits NWC must be transparent but asserts transparency is done by sharing reports with Office of Utility Regulation; Cabinet’s Integrated Water Resource Management Council; Ministry of Health; and Bureau of Standards.

Samuda insists NWC has no obligation to “report” to KSAMC.

Although the fundamental issue doesn’t involve a legal dissertation on hierarchies but more a discussion of interconnected public duties and whether a petulant termination of decades of local government practice is prudent, Samuda’s legal assertion is also devoid of merit. In. My. Opinion.

Under the Public Health Act (PHA), KSAMC is the Central Health Committee’s “Local Board” for KSA with the power (section 6):

“…(b) to carry on all activities which appear to them to be requisite, advantageous or convenient in the interest of public health;

(c) to enforce all regulations and orders made under this Act; and

(d) to do anything and enter into any transaction which, in the opinion of the Local Board, is necessary to ensure the proper discharge of their functions.”

Regulations passed under the PHA which KSAMC must enforce cover a variety of local government ventures including safety in food handling, tourist attractions, swimming pools, beauty salons, hairdressers, cosmetologists, barbershops et al. KSA citizens, whilst not clothed with as much ostensibly omnipotent authority as Matthew Samuda, might be forgiven for expecting that the quality of water delivered by NWC to any of these establishments or activities would be vital to KSAMC’s functions under the PHA.

Give it a rest young Matthew. So you wanted strawberry ice cream but got chocolate. You’re miffed. Tough Titty. If KSAMC demands a report on water quality from NWC, in my opinion, NWC is legally obliged to deliver it.

But this extends far beyond legal semantics. NWC has been delivering these reports to KSAMC since Adam was a boy. Is it good governance to suddenly refuse to do so because you don’t like how KSAMC interprets one report? Has politics in Jamaica really become so petty? Will the people’s representatives ever prioritize the people’s interests?

The Old Ball and Chain insisted on venting on this subject. Let me immediately declare she isn’t a Matthew Samuda fan. He lost her as an admirer eighteen months ago when she complained to him about a severe neighbourhood sewage problem. He promised to send it to his “team” and update her. Up to now, she has heard nothing from him or his team. The problem continues unaddressed and unabated. So you can assess her remarks in the context of her confessed bias.

Old BC: Old Grey Balls can say whatever he likes. Just because you may not be legally bound to do something doesn’t mean it isn’t your moral duty to do it. Matthew Samuda only has a seat in Parliament and a cabinet post because Jamaican citizens put him there. Jamaican citizens are his employers. He has an ethical duty to provide his employers, JAMAICAN CITIZENS, with the necessary information required for better quality of life.

Old GB: But he announced that the reports will be published on NWC’s and Ministry’s website. He said clearly that the information belongs to the people of Jamaica.

Old BC: And KSAMC isn’t a part of the people of Jamaica? KSAMC doesn’t represent the public health interests of the people of KSA? It’s arrogance to use a technicality to say we can get info through ATI. It’s Samuda’s job to facilitate easy access to basic information necessary for public health and it’s his job to ensure NWC does this through our local government representatives no matter where else it’s being published.

Old GB: Ok but what if…………..

Old BC: Don’t you dare “what if” me. You always say you dislike that phrase. Water quality information should be published on more platforms not fewer. Water quality info should b published in newspapers. Not everyone has a computer. It should definitely be shared with Parish Councils. Is KSAMC the only Parish Council being denied water quality reports? We are all entitled to know what we are drinking.

I might be dumb but not so dumb. I always know how to get the last word.

Old GB: Yes Dear

Peace and Love.

Gordon Robinson is an attorney-at-law. Send feedback to columns@gleanerjm.com