Government should settle transport debt

By Devon Dick

THE GOVERNMENT is in court concerning a $2-billion award to the 350-member National Transport Co-operative Society (NTCS). This award was made after going to arbitration, our local courts and the Privy Council. This process has been going on for 12 years.

Since the Government represents the people, then the citizens have a duty to ensure that the Government who acts in our name is being fair. It seems that the Government is challenging the amount and not that there should be no award. Therefore, at the very least, the Government should offer an interim payment in the amount that it deems reasonable, without prejudice to the final outcome of the case.

But the Government should not appear to be using superior resources and the might of office to frustrate a legitimate award. Neither can it claim that lack of funds is a hindrance to awards to its citizens, because citizens cannot use such a defence. And, worse, there should not be the appearance of dragging feet or using delaying tactics, because justice delayed could amount to justice denied.

The Government of Jamaica and its agents have developed a reputation of not paying timely awards when they are at fault. For example, in April, a Jamaica Urban Transit Company (JUTC) bus, whose driver was in error, collided with a car that was being driven by one of my female parishioners. Liability was accepted, but payments have been very difficult, with only one payment received about two weeks ago, and it represented one-sixth of the agreed amount. And the general consensus was, that was quick by JUTC's standards!

Between a rock and a hard place

Needless to say, there was untold hardship of the aggrieved driver because the options were:

1.To claim on her insurance policy and then her premiums would increase, having lost the no-claim bonus; or

2. Not fix the car and the family would suffer; or

3. Borrow money at interest to fix the car.

Similarly, there are too many contractors and other business persons who claim that governments have been tardy in payments, and some now refuse to do business with Government, because their businesses suffer as a result of great delays in payments.

It seems reasonable to assume that transport operators would be suffering if they, according to the court, deserve an award of $2 billion. Few persons could be deserving of such moneys and it is business as usual. It is time for, at least, an interim payment.

Sadly, there is developing a culture in Jamaica of so-called respectable businesses being unreasonably long in paying debts. Earlier this year, a man was driving his mother's car on Shortwood Road in St Andrew and a trailer hit the vehicle. The trailer driver was apologetic and it was agreed to settle without recourse to the insurance companies - only for the man to receive a call, days later, from the management of the company associated with the trailer indicating that the small

amount of money would have to be referred to the insurance company. This was obviously meant to frustrate, and the man's 80-year-old mother said she could not be bothered. It is sad when persons are frustrated out of getting legitimate compensation.

The Government must be careful of the precedence it is displaying in the treatment of this debt to NTCS. The Government is on record in support of the Caribbean Court of Justice. It has signalled confidence in the ruling of local and Caribbean judges. Why, therefore, does it want to return to the Privy Council when it already ruled and our local jurisprudence has already ruled?

Furthermore, it seems that this award could be seen as a stimulus package to the economy. It could benefit the economy which has seen two consecutive quarters of negative growth. This could be a win-win situation.

Rev Devon Dick, PhD, is pastor of the Boulevard Baptist Church in St Andrew. Send comments to columns@gleanerjm.com.