MP Lyndon Lewis.
PHILIPSBURG--Nation Opportunity Wealth (NOW) Member of Parliament (MP) and Vice Chairman of Parliament’s Justice Committee Lyndon Lewis is calling for an independent review into the temporary designation of Chief of Police Carl John as Acting Secretary-General of the Ministry of Justice.
Lewis expressed concern over Minister of Justice Nathalie Tackling’s refusal to commission an independent review of the designation.
The minister maintains that assigning the Acting Secretary-General responsibilities was within her ministerial authority and was carried out in accordance with the applicable legal framework.
Lewis said, however, that the concern raised by the NOW faction was not limited to whether the minister had the authority to make the decision. He said the issue is whether the decision-making process was transparent, appropriate and sufficiently safeguarded against any actual or perceived conflict of interest.
According to Lewis, an independent review would not automatically invalidate the minister’s authority or presume that wrongdoing occurred. He said such a review would provide an impartial assessment of the process, confirm whether applicable rules and procedures were followed and strengthen public confidence in the leadership and administration of the Ministry of Justice.
“If the minister is confident that the temporary designation was lawful, appropriate and properly executed, then what is there to fear from an independent review? What is there to hide? The refusal naturally raises the question of whether there is something the minister does not want independently examined or disclosed.” MP Lewis Stated.
Lewis said transparency cannot simply be declared by the same authority whose decision is being questioned. He argued that genuine accountability requires decisions involving the leadership of the Ministry of Justice and the Chief of Police to withstand objective and independent scrutiny.
Lewis also pointed to issues within the St. Maarten Police Force KPSM, including a lack of manpower, the condition of the Philipsburg headquarters and Simpson Bay substations, spending on rent for other substations that are not manned, and court cases against the minister by employees regarding their proper placements.
“KPSM is overwhelmed with many other issues and the Chief of Police should stay focused on normalising the functioning of his department, before taking up any other task. We should not want titles for titles’ sake” MP Lewis stated.
Lewis said the minister’s reference to parliamentary oversight and existing complaint mechanisms does not eliminate the value of an independent review.
He said parliamentary questions are only as effective as the completeness and accuracy of the answers provided, while complaint procedures largely depend on affected employees coming forward.
Lewis said justice personnel may be reluctant to submit formal complaints when those complaints involve senior officials who exercise authority over their employment or professional future. “The assertion that no formal complaints have been received does not, by itself, establish that concerns do not exist,” Lewis said in his statement. He argued that it may also indicate that
employees lack sufficient confidence in available reporting mechanisms or fear possible consequences for speaking out.
“I personally have received many complaints regarding mismanagement, abuse of power and victimisation within the department and some employees are afraid to speak out, while those who do are at home at the country’s expense.” MP Lewis stated.
Lewis also addressed the minister’s explanation that the Acting Secretary-General is not a separate function and that similar temporary assignments have occurred previously.
He said previous practice does not place such an assignment beyond examination. Lewis alleged that the Chief of Police, while functioning as Acting Secretary-General, oversteps his boundaries when the current Secretary-General is on the job, allegedly based on directives from the minister.
Lewis said this is another reason an independent review is necessary. He said past practice is not a substitute for transparency, accountability or compliance with good-governance standards. “The Ministry of Justice holds tremendous power and responsibility,” Lewis said in his statement, arguing that its leadership decisions must meet high standards of integrity, impartiality and public accountability.
Lewis is renewing his call for an independent review of the circumstances, procedure and safeguards surrounding the temporary assignment.
He said the review should determine whether the designation fully complied with the applicable legal and administrative framework, whether conflicts of interest were adequately addressed and whether justice personnel had access to safe and credible complaint mechanisms. “My request for an independent review is a legitimate exercise of parliamentary oversight and a necessary call for transparency within one of the country’s most important institutions, one that I happened to work in for many years.” MP Lewis stated.
