The Muslim Citizens? Council (MCC) welcomes the laudable efforts of government to introduce appropriate legislation for the development of equal opportunities for all citizens. The Equal Opportunities Act (EOA) would create conditions conducive to the realization of a true sense of belonging to the Nation. Without pretending to be exhaustive, the MCC would like to make proposals:

1. Fair representation

It is worth remembering that the Constitutional review talks held in 1961 laid emphasis on the need to take into account the heterogeneity of our population, and the subsequent talks held in 1965 introduced into our Constitution the concept of fair representation, which is today, more than ever, an essential requirement for the success of any legislation wishing to promote equal opportunities in all human activities. The MCC therefore insists on a fair representation based on transparency and meritocracy. Government should act as a model, thereby facilitating the adhesion of the private sector to the concept of fair representation based on meritocracy and transparency.

2. Appointments and promotions

It is no secret that appointments and promotions are sensitive issues. It is not possible to please everybody, and the heterogeneous nature of the population adds to the complexity of the problem. It is therefore of paramount importance that appropriate care be taken to ensure that effective institutional safeguards exist to protect the citizen against power abuse and discrimination.

One of the numerous criticisms leveled against this issue, particularly in the civil service and parastatal bodies, is that schemes of service are often devised to suit the convenience of particular candidates. To dispel possible suspicion that may accompany appointments and promotions, the latter should be devised or amended after consultation with the Unions. The main source of discontent, however, in that connection is the lack of the essential quality of certainty in the criteria adopted for the exercise. The MCC has given much thought to this aspect of the problem and suggests the adoption of a mathematical formula that will guarantee impartiality and transparency. This method will be a scientific instrument for the selection of the best candidates, a basic requirement for improving efficiency in any service. The MCC also proposes a reservoir of selected candidates, and a priority waiting list, valid for a certain period.

Concerning the promotion exercise, the criteria must be communicated to every candidate at the time of selection. Obviously, one criterion for any promotion exercise is performance. So an effective performance appraisal is vital. Any inadequate performance should be immediately brought to the attention of the person concerned who should be given opportunity for remedial action. Similarly, the employer must officially acknowledge the merits of any outstanding performance. For the sake of transparency the list of selected candidates and the waiting list after any selection exercise should be published and unsuccessful candidates individually informed of the individual marks scored. An appeal tribunal should also be established to look into representations from dissatisfied candidates.

3 Licensing criteria

The MCC notes with concern the discriminatory manner in which licensing authorities handle applications. It is therefore highly desirable that in-built mechanism be integrated into the empowering enactment to ensure the impartial and transparent handling of applications within a given time-frame.

4. Customs clearance

There is growing dissatisfaction among businesspersons who feel there is a glaring absence of equal treatment concerning the application of customs legislation. It seems that very often goods are detained just as a means to coerce importers into paying higher duties and penalties for the release of their goods.

The MCC therefore proposes an absolutely transparent and objective system of customs clearance, where criteria for the detention/seizure of goods should be clearly laid down and applied indiscriminately. Where there is a dispute between the customs authority and the importer on the rate of duty payable, whether the difference of opinion is based on the declared value of the goods or on their description, the goods should be released once the importer accepts to pay the higher duty, whether under protest or not.

5. Police practice

There is a growing perception that police officers carry out their duties in an arbitrary and discriminatory manner particularly as far as the arrest and detention of suspects and their release on bail are concerned. It is therefore of vital importance that clear-cut criteria be laid down so that their action be seen as not tainted with partiality. Mere allegations should not be the basis for the arrest.

6. The judiciary

The MCC is proud of our judicial system, which is a safeguard against abuse of power and a safe place where citizens may go to seek redress against any form of injustice. However, there is a growing perception that the standard adopted by our judiciary is not the same in all cases. This negative perception is likely to acquire momentum if remedial action is not taken. In this context, the MCC makes the following suggestions:

An increase in the number of courts, with a corresponding increase in the number of staff. A review in the salary structure of judicial and para-judicial staff, if only to protect the system from the temptations of corruption. The setting up of specialized courts with specially trained judicial and para-judicial staff. Trial cases to be scheduled at different times of the day and afternoon court sessions systematically held to cope with continuation cases, which have to be fixed within days of the starting date. Cases to be heard and disposed of within a given time frame and to facilitate the quick disposal of cases, all evidence and documents should be fully disclosed and exchanged by parties, before trial date.

A fast track procedure to hear urgent matters with the minimum of formalities should be clearly established... A rigorous consistency in the decision of the courts and reasons to be given for any departure from established principles as laid down by previous case law. The setting up of a special court of appeal to deal with all appeal cases and this Court should also be empowered to hear urgent cases involving the constitutional rights of any citizen. The maintenance of the judicial committee of the Privy Council, as final court of appeal, and the extension of legal aid to deserving litigants who can satisfy the Supreme court of the seriousness of their claims. To reduce the perception of double standards by the judiciary, it is of vital importance that cases be assigned to magistrates and judges, as the case may be, in a transparent and anonymous manner.

In view of the inherent danger of promiscuous relations/hospitality and, in the interest of transparency, the judiciary, the Solicitor general?s office, and the Office of the Director of public prosecutions should be separated from each other.

<B>by the Muslim Citizens? Council</B>