Ping Pong – A Tale in A Strange Land

In the world of the Bollywood soap operas, the little games of intrigue and subterfuge played by one or other family member against others, the faking and gallerying of characters for the entertainment of the audience – all those are called “dramas”.
In this Strange Land, the Land of Mimic Men (as Rudder describes our twin isles) we also have our Tales (Dramas a la Bollywood).
Within the last 24 hours one has been played off in high places.
Here’s the script:
JC applies to and is granted Study Leave by Serp.
MP questions Serp about his authority to grant Study Leave; after all it will add cost overruns to the project.
JC (hearing of MP’s ‘consternation’) declares: I have opted to not proceed on Study Leave so no one is distracted from important project business.
I will use a portion of my vacation leave to do my studies.
I have 35 weeks unused vacation. So, I will use a portion of that. Forget the Study Leave.
MP (hearing of JC’s manouvre): I am going to the High Council for interpretation of this Study Leave thing yes.
And I telling Serp to make sure to follow the Collective Agreement article on Vacation Leave to the letter of the law when JC changes his application.
Serp (now confused by the whole goings on) contemplates his next move.
After approving JC’s 6-week vacation says: JC boy, enjoy your vacation. I leaving the project next week. By the time you come back all the consternation will be over. You going for more than 9 days so by the time you get back, the whole project team will be on to the third or fourth new issue.

Meanwhile back in the Strange Land
In announcing his change of leave character, the CJ said “I trust and pray that in my absence….the issue of LEGAL INTERPRETATION the 98th Report of the SRC will be ventilated and clarified…”.
The PM then makes a grand announcement “I have directed the AG to apply to the Court for and INTERPRETATION on the existence of Sabbatical Leave for Judges”.
Ping-Pong…..they both agree….Legal Interpretation next step.
But, the CJ says he is entitled to 35 weeks of ‘unutilized vacation’.
And, the PM says to the President just be careful to follow the law on Judges’ vacation.
Well, here’s what the law says – Vacation Entitlements – Justice of Appeal, to six weeks’ vacation per annum” – Reg. 6(1)(a) Judges Conditions of Service and Allowances) Regulations (No.2) and “The vacation provided for in subregulation(1) shall be taken at such time or times as may be approved by the Chief Justice and shall not be accumulated from one year to another” - Reg. 6(2) made under the Judges Salaries and Pensions Act Chapter 6:02 of the Laws of Trinidad and Tobago.
So, two things arise:

1. The CJ CANNOT have 35 weeks unutilized vacation
2. The President can grant a maximum of 6 weeks’ Vacation Leave to the CJ (a Justice of Appeal).

Back to the drama of this Tale in a Strange Land.
Just suppose, the CJ gets his 6 weeks’ vacation and off he goes.
The Government files its Interpretation Summons and the Court rules that there is NO Sabbatical Leave.
Then what?

• The CJ is not on illegal leave.
• The PM is happy he was right about the Sabbatical Leave.
• The CJ is happy the issue of Legal Interpretation of the 98th SRC Report is done.
• The President is happy…he has ridden off into the sunset
• The public, the media, the lawyers are left wondering – What about section 137??

And all live happily ever after in this Tale of a Strange Land where Life is a Stage and we are the audience...(sic)
Another day, another drama in the Saga of T&T.
After all the hullaballoo about ‘shaming the CJ out of office’; after all the gnashing of teeth “Trigger s.137 tribunal”; after all the ‘investigation/enquiry’ by the Law Association, where are we?
The issues that arose in the first place are buried in murky memory of a 9-day wonder.
We are all supposed to forget that among the allegations against the CJ were:
· Did the CJ interfere in the constitutional role of the Police in instructing the Police to cease their protection of Justice Seepersad?
· Did the CJ in a meeting with Judges or otherwise attempt to persuade them to change state-provided security in favour of a private company connected with his personal friend?
· Did the CJ intervene in the HDC allocation of housing on behalf of one or more of his personal friends?
The serious allegations which may have some foundation for raising the question of inability to perform the function of his office from ‘any other cause’ or for misbehavior – the ONLY grounds in s.137(1) of the Constitution for which the CJ can be removed from office get lost in the smoke and mirrors of the “Sabbatical Leave” Drama.
Once again, as Valentino told us 40 years ago…..Life is Ah Stage and We Are the Actors and Everybody Have a Part to Play…..Like Ah Never-ending Movie with All Different Characters…..
In this Strange Land, we would have all been brought into a noisy dramatic episode and the Actors on the stage of our “Governance” would have play their part in the never-ending movie for our entertainment, possibly amusement.
The only issue is that just like the “Sharma Affair”, this Drama would have left us NOTHING of VALUE for the improvement of our GOVERNANCE.
The Actors will feel happy with their performance.
The Audience leaves the theatre that we can never leave (like the Hotel California) and on to the next episode – very much heat generated, but STILL NO LIGHT.
If we never take ourselves and our society seriously, we will remain stuck in muck of colonial remnants of power and privilege posing as modern government.
On to the next tale – Welcome to disneyworld.tt.com.
Or will we write a NEW Script?
 
Clyde Weatherhead
March 15, 2018
I remain a Citizen Fighting for
Democratic Renewal of Our Society!