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  • Breaches in the Constitution and Acts of Parliament

    <TABLE cellSpacing=0 cellPadding=1 width="100%" border=0><TBODY><TR><TD><SPAN class=TopStory>Breaches in the Constitution and Acts of Parliament</SPAN>
    <SPAN class=Subheadline></SPAN></TD></TR><TR><TD>Ken Chaplin
    Tuesday, February 20, 2007
    </TD></TR></TBODY></TABLE>
    <TABLE cellSpacing=0 cellPadding=5 width=80 align=left border=0><TBODY><TR><TD></TD></TR><TR><TD><SPAN class=Description>Ken Chaplin</SPAN></TD></TR></TBODY></TABLE><P class=StoryText align=justify>In his latest report auditor general Adrian Strachan has pointed to widespread irregularities and breaches in the operations of a number of government entities. Meanwhile, contractor general Greg Christie has continued his gallant effort to bring a level playing field in the award of government contracts and the procurement of government's goods and services.<P class=StoryText align=justify>Since he took office more than a year ago Christie has come under severe attacks by prominent members of the ruling People's National Party as he and his staff launched an intense campaign to bring probity in the award of contracts and the procurement of government's goods and services. In his latest thrust he has threatened to prosecute principals of more than 60 public entities for their failure to submit quarterly reports as required under the Contractor General's Act.<P class=StoryText align=justify>Christie is strongly supported by Strachan who said that many breaches of the government's prescribed rules for the procurement of goods and services were again noted in 2005-2006. In some instances there was no indication that the required recommendation of the National Contracts Commission (NCC) or Cabinet approval was obtained. But once more the most common infraction was the failure of many entities to invite the required competitive price quotations before awarding contracts of less than $4 million.<P class=StoryText align=justify>Strachan said he was therefore often unable to determine how those organisations satisfied themselves that the prices paid were fair and reasonable. Other frequent violations were that business was done with suppliers who were not on the NCC-approved list or who did not submit the Tax Compliance Certificate. "I again recommend that appropriate legal sanctions be instituted for breaches of the government's procurement requirements," Strachan concluded.<P class=StoryText align=justify>Many officials believe that a large number of entities are controlled by party sympathisers who bypass procurement and contract procedures in order to cover up a partisan approach that has grown worse over the past 15 years. Government, it seems, is in no hurry to make the punishment more severe.<P class=StoryText align=justify>The auditor general in his 2005/2006 report said that government entities are required, under relevant Acts of Parliament, to submit for audit annual financial statements within four months after the end of the financial year, March 31. However, many of them were in varying degrees of arrears in meeting this requirement. In the case of ministries and departments which should submit Appropriation Accounts, up to December 6, 2006, he had not received 57 accounts for 2005/2006 and 2l for 2004/2005.<P class=StoryText align=justify>He said the audits that were done identified a number of instances in which payments amounting to $50.4 million were made in breach of the stipulated rules or guidelines or without the requisite approval. Overpayments totalling $20.1 million were also observed or reported to the auditor general, based on the findings of internal auditors. The implicated agencies were told to bring themselves in compliance with the government regulations, to cease unauthorised payments and effect recovery of overpayments.
    The audits of several entities disclosed instances in which vouchers and supporting invoices we
    "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

  • #2
    RE: Breaches in the Constitution and Acts of Parliament

    Who cares about breaches of the constitution? Jamaicans don't. Lets see. What does section 8 of the constitution say about all revenues and the Consolidated Fund? If Jamaicans gave a damn about breaches of the constitution, they would all want to know why the gov't is refusing to abide by the law when it comes to the Petrocaribe Fund.

    Then again, as the Q.C. once said, "The law is not a shackle!" What a bangarang if Seaga did ever say dat?
    "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

    Comment


    • #3
      RE: Breaches in the Constitution and Acts of Parliament

      Informative! Good!

      ...however, Ken Chaplin should also realise that the Contractor General is not above the law...and or some 'demi-god'. In fact, it is necessary to remind the Contractor General of his status as a servant and holdthe person who occupies that very important job to extremely high standards. As such the Contractor General should welcome challenges to his reports. If the Contractor General has no ill-conceived agenda, but has stuck to the 'straight and narrow' challengesand or questions onwork and subsequent reports from that office will withstand the any scrutiny and may even better inform relevant authorities and the public.

      Yup! Those we authorise to do good works on our behalf must hold themselves open to rigorous scrutiny.
      "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

      Comment


      • #4
        RE: Breaches in the Constitution and Acts of Parliament

        karl...17 plus years of unffettered oversight and free reign has led to this decline....

        Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

        Comment


        • #5
          RE: Breaches in the Constitution and Acts of Parliament

          Gamma (2/20/2007)karl...17 plus years of unffettered oversight and free reign has led to this decline....
          I would suggest that the rot started long before this 17 year run. ...but, that is for another discussion.

          The matter of rigorous oversight by the Contractor General is very welcome.

          I am sure that you will agree that 'Good work' by a ContractorGeneral does not mean we should dispense withcareful scrutinyof the work done and rigorouschecking of the attendant reports offered. Right?

          I can see if that 'careful looking' and 'rigorous checking' is not done, the day could come where a Contractor General who is corrupt coulduse the process in a corrupt manner and 'slipaway scot's free'.
          "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

          Comment


          • #6
            RE: Breaches in the Constitution and Acts of Parliament

            Hehehehe ....
            I would suggest that the rot started long before this 17 year run. ...but, that is for another discussion.
            Tell we when it start then nuh?
            "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

            Comment


            • #7
              RE: Breaches in the Constitution and Acts of Parliament

              We need some more 'demi god" to take charge of Jamaica.

              why is he demi god? because him a dig out corruption at all cost?

              What has he done to break the law so far?

              Question public officals and finding out where there are conflict of interest?

              Can you show me where Mr. Christie is close to breaking a law?
              • Don't let negative things break you, instead let it be your strength, your reason for growth. Life is for living and I won't spend my life feeling cheated and downtrodden.

              Comment


              • #8
                RE: Breaches in the Constitution and Acts of Parliament

                1, 2 skip to mah lou.....

                Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

                Comment


                • #9
                  RE: Breaches in the Constitution and Acts of Parliament

                  A wha duh yuh Assasin? In the world of people like Karl, Jawge and the otherComrades, asking questions of the Ordah is breaking the law.
                  "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

                  Comment


                  • #10
                    RE: Breaches in the Constitution and Acts of Parliament

                    Assasin (2/20/2007)We need some more 'demi god" to take charge of Jamaica.

                    why is he demi god? because him a dig out corruption at all cost?

                    What has he done to break the law so far?

                    Question public officials and finding out where there are conflict of interest?

                    Can you show me where Mr. Christie is close to breaking a law?
                    Assasin: Please relax?! Be careful or you may have a heart-attack.

                    A Minister of Finance, for example, is a very powerful person. He could be termed a 'demi-god'.

                    I hope you will agree that ourContractor General is a very powerful person. He could also be termed a 'demi-god'.

                    Persons who hold such powerful offices must be held accountable for their actions. One such way is to be subjected to questioning of their actions.

                    I hope you realise that both 'good' leaders and 'bad' leaders must be subject to careful scrutiny?

                    I hope you will also recognise that limits cannot be placed on what area of the work they perform that should be scrutinized? There is also the matter of officials who go into positions 'clean as a whistle' who over time morph into 'dirty performers'. If there were certain areas off limits then genuine errors and or deliberate corrupt actions could likely escape the 'light of day'.

                    The matter of our present Contractor General being in the public good, subject to careful scrutiny is no indictment on him...it is rather a matter of absolute necessity for continued good governance in this particular area.

                    BTW - It is interesting that you wrote, "Question public officials and finding out where there are conflict of interest?

                    I hope you see the irony of you wishing our Contractor General not being subject to scrutiny? Mr. Christie is a public official! Right?
                    "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

                    Comment


                    • #11
                      RE: Breaches in the Constitution and Acts of Parliament

                      I wish Omar was a demi god and hold others in his government responsible for some of the over run etc. that he had to pay out to.
                      • Don't let negative things break you, instead let it be your strength, your reason for growth. Life is for living and I won't spend my life feeling cheated and downtrodden.

                      Comment


                      • #12
                        RE: Breaches in the Constitution and Acts of Parliament

                        Lazie (2/20/2007)Hehehehe ....
                        I would suggest that the rot started long before this 17 year run. ...but, that is for another discussion.
                        Tell we when it start then nuh?
                        I will tell you that when I was 'head teacher' at Success All-Age School in Hanover - 1969 to 1971 - that the matter of giving contracts to JLP supporters, over-invoicing, charging for work not done...etc., etc. was in full swing. Those activities involving persons employed at the Ministry of Education and other government entities and a known 'JLP contractor', some said rightly 'named' by the people as "Sammy Rat", occured onproject/work done at the Success All-Age School. It was my first and last job as a 'head teacher'...and, being naive I went into Kingston tomake a complaint. I was told in no uncertain term to, if I knew what was good for me, to keep quiet and leave it alone.

                        As I was not the one signing off on the project and as Success was in 'deep bush' and their being no semblance of security for myself and my young wife and child- I quickly decided 'I knewwhat was best for me'.

                        On recounting the'occurance' with friends who worked in various government departments and elsewhere...the matter waspassed off with a laugh as 'regular occurance'.

                        Over time I also learned about corruption in theMotor Vehicle office/dept...theRevenue service, parish councils, registrar of records, 'title's office', police dept, and others.

                        Again - The rot started long, long ago!You are young and may not have heard of the "Farm Worker ticket racket", - I have forgotten the name - but, there was an office in VinyardTown where 'purchase orders'for supplies to various governement departments was situated &amp;where those who issued the orders where paid/received 'kickbacks' from orders issued,there was the Government Printing Office rackets - over-invoicingthrough issuance of orders for overpriced printing contracts...every area of government - central and parish councils and quasi-government - where contracts and or order for goods &amp; services where doled out - had some level of corruption.

                        Such the sums grew as the years went by...but, I rather doubt the %age of dollar value corrupt has grown much.

                        Hey, 10% 'robbery' rate could remain...but 10%of $10,000,000.00gives a much different$sum than 10% of $1,000,000,000,000.00!
                        "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

                        Comment


                        • #13
                          RE: Breaches in the Constitution and Acts of Parliament

                          most of us wimp out the corruption yet you try belittle the ones who show some courange like Christie does.
                          • Don't let negative things break you, instead let it be your strength, your reason for growth. Life is for living and I won't spend my life feeling cheated and downtrodden.

                          Comment


                          • #14
                            RE: Breaches in the Constitution and Acts of Parliament

                            Brother Karl, yuh juss school mi pon

                            the history of Jakan politics. Well I'm the eternal learner, so no problem :P

                            Comment


                            • #15
                              RE: Breaches in the Constitution and Acts of Parliament

                              Suh after all a that, what was best for you is to condone corruption by the present government? Bettah yuh did stay in hiding. What you should have back then was find the Icon of Jamaican Journalism and mek him write bout it.
                              "Jamaica's future reflects its past, having attained only one per cent annual growth over 30 years whilst neighbours have grown at five per cent." (Article)

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