Independence villagers win case against government

A case brought against the government by the Independence Village Water Board wound up today in the court of Justice Samuel Awich… and it’s not good news for G.O.B. Justice Awich ruled in favour of Dwight Neal, who was removed from his post as chair of the water board only five months after his appointment. Neal took the post in 2007 under the P.U.P. government and was to serve a three-year tenure. But after the U.D.P.’s victory in the February 2008 elections, all the water boards were replaced. Most villages accepted their fate but not so in the case of Independence. The court ruled that the Minister of Rural Development had acted unlawfully in removing the board. And according to Neal and his attorney, Anthony Sylvestre, the water boards were not informed of the changes until their replacements had been selected.

Anthony Sylvestre, Attorney for Dwight Neal
“Basically, what the court ruled today was that procedurally, the way the minister went about removing these members from the water board was unlawful in two respects. One, it did not follow the strict requirements of the village council act and also the minister did not give the various members who he sought to remove an opportunity to make representations to him, to speak to him and to have an audience with him. It is very important and I think very critical in underscoring the importance of the decision. As you may or may not recall, some time last year after the change of government, the water boards throughout the country were removed by the minister of Rural Development because under the statute; under the Village Council Act, the minister responsible for villages or rural development, he is the person who can remove a member. But he can only remove a member in certain instances; one, where there is a fit and proper cause; two, where he has actually consulted with both the area representative where the village actually lies and also consulted with the village council. In this particular case, the court did rule that the minister did not follow the strictures of the law.”

The Independence Water Board was previously granted an injunction to stop the government from making any further changes while the case was in court. Sylvestre is also representing Maya Center Village in a similar case against the government, which is still before the courts.