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Open letter to the Commissioners ? Sale by levy inquiry

14 juillet 2004, 20:00

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(1) After some 17 weeks of non-stop, sustained and aggressive ?Sunday Vani? Campaign ? against the mafia which has taken absolute control of the Sale by levy system ? the July 2 Cabinet meeting appointed the three of you. There was small sigh of relief from the suffering lot. One the same day, I openly expressed my satisfaction although, in the 1990s, I had very serious problems with very grave consequences with the Chairman, Sir Victor Glover. I rose above personal feelings and other matters and looked at the horizon, rather than the tip of the my own nose. I gathered courage to look at the ocean ? and not at the small sea or river or rivulet ? in the larger interests of the tortured lot. For indeed, after the successive failures of the Nakhuda, Mrs Chinien, Mrs Narainen and Mr Ahmed?s committees, it would have been a crime ? bigger than the Sale by levy mafia ? on my part, if I would have put a spoke in the wheel of the new Commission of Inquiry. Anyway, now that the dice has been rolled and the die cast, it?s now time for one and all to roll their sleeves up and start the work: That of saving thousands of families from the claws and jaws of the Sale by levy mafia ? operating with almost total impunity within the very precincts of the highest Court of the country. All told, we extend a warm welcome to you all. The country is expecting much from you, even though the hope is a glimmer one in many quarters.

(2) However, many sore points have cropped up since the July 2 Cabinet decision. The swearing-in ceremony has not yet taken place. Sometime in June, the Prime Minister spoke of extensive powers ?pouvoirs accrus? to the Commission of Inquiry. Nothing is in sight till now. It would appear that the terms of reference are still swirling in the minds of the decision makers. They haven?t yet been drafted. Everybody, including you three, is kept in the dark. I genuinely believe that both the Government and the three Commissioners have put the cart before the horse. The terms of reference should have been drafted first and then the Government should have appointed the three Commissioners. On the other hand, you three Commissioners, should have first known your powers, prerogatives and parameters before accepting your appointment. Notwithstanding, I don?t think that you?ll accept to preside over a commission of inquiry which :

(i) will ressemble some others of the past ? which were politically-motivated.

(ii) will be a mere eye-wash, eyesore or a window-dressing to hoodwink the public or which will act as a safety-valve or a ?panadol? treatment to take the problematic albatross off the neck of the Government.

(iii) would appear to be but for the sole purpose of being paid handsomely from public funds. ?Bèze l?argent public? to put it in crude Creole terms ! In the past, some Commissioners had made millions for presiding over ?bulldog sans dents? disabled and powerless Commissions of Inquiry and for submitting ?dead-wood? mass of literatures meant only to please their masters or good only for the darkest corners of the Government?s drawers.

(iv) will not allow you to operate according to your own conscience or in harmony with public expectations and the victims? hope. For sure, it?s not easy to fight the all-powerful mafia which has hijacked the entire system of Sale by levy. ?Aux grands maux les grands remèdes?, goes the French saying. Desperate situations call for desperate remedies ! To defeat them in their own den, you?ll need to be entrusted with wide powers. For example, the commission should have the prerogative to :

(a) inquire into all the ill-gotten wealth of the criminals (go through all their financial resources and sources of income/comb thoroughly their bank accounts, income tax returns, etc., etc.)

(b) clinically examine all the previous Sale by levy documents for the last 20 years (there could be some 6 000 files). All suspected foul plays and other violations of the Law should be referred to the Police.

(c) Convene all the former Masters and Registrar. For example, Mrs Vidya Narainen will have to answer certain questions which could turn out to be very embarrassing for her.

(v) in public eyes, will look a farce. I am sure you?ll refuse to inquire upon the corrupt system whilst at the same time, it is being perpetuated and perpetrated at the highest Court of the country. When Sir Victor Glover conducted the Commission of Inquiry on the two Labour Ministers in 1979, he had criticized the two for not stepping down and for sticking to their posts. The work of the Commission was greatly impaired. Now, I don?t think that he?ll be at ease with his own conscience if the Sale by levy procedures are not stopped immediately pending the final report of the Commission. Therefore, the three of you should be bold enough to refuse any Commission of Inquiry which allows the corrupt system to continue and the mafia to make hay whilst it is in session. Are you aware that at each and every sitting, the Master?s Court makes some 20 victims ? Since your appointment on 2nd July last, some 38 families have already lost all their properties. If the three of you mean business and if you want to send a strong signal to one and all, please insist for the immediate freezing of all the Sale by levy procedures. Otherwise, it will be a wrong start on a wrong footing and a false note.

(3) To all intents and purposes, public faith has already been dented. It?s for you, three Commissioners, to restore it and create the proper atmosphere to kick-start the much-awaited inquiry. To do so, you?ll need a strong team of advisers and other executives officers ? from the State Law Office, Police, Income Tax, MAB, URB, Bank of Mauritius, Valuation Office, Registrar General?s Office, etc. etc. Otherwise, it will but be a waste of time, energy and public funds to preside over a frail, weak, helpless and powerless Commission. Only the mafia will profit. By the way, they are already jubilating ! Now, it?s for you three to stop the rot and help the suffering lot OR join the mafia lot.

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