On November 2, 2020 the Judge in the court of first instance render her decision in favor of 14 justice civil servants. Who was represented by their colleague Police Inspector, Detective Lyndon Lewis.
The Judge ordered the Minister of Justice to make a decision on the requests of the civil servants within 4 weeks. The Judge also stated in her decision that an appeal is also possible.
Note that law regarding appeal petitions by civil servants give the Minister a total of 4 months to respond with a possible extension 1 month. The Minister didn’t adhere to the law which forced officers to go to court.
11 out of the 14 cases are that of police recruits that have been working as full fledge police officers and being compensated as recruits for many years.
Their claims have nothing to do with the unsigned function book of Korps Politie St. Maarten (KPSM).
The current National Decree regulating the rights and obligations for police officers is the “Rechtspositie Besluit van het Korps Politie Nederlandse Antillen 2000 P.B. 80”. This law is still in existence until Country St. Maarten adopts a new one.
The Minister of Justice has the authority to instruct her Secretary General of Justice to ensure that the chief of police do his job to ensure his people are placed accordingly.
It is unfair yet again to abuse these officers by working them while they are suppose to be on the school bench until their training is completed.
The three other cases are from a retired police chief inspector, police dog handler and a immigration officer. Which their claims are also based on precedence and jurisch prudence.
Once again the Minister of Justice has failed to respond to the request or petitions of her subordinates. Now being a decision by a judge.
The judicial system is the highest body in the land and has the last say. But it seems that the Minister believes she is above the law.
To blatantly ignore your people is unprecedented. Why do we have laws if the executive authority being the Minister of Justice in this case doesn’t even respect a Judge’s decision.
There are more court decisions pending to be executed.
Another group of 12 officers are still waiting on their court decision to be executed. This issue is just about a date correction.
A simple Advice and Draft decision with an the court’s decision attached is needed to be forwarded to the Governor for signing. It’s not high science.
It doesn’t matter when one assumes office. What matters is continuity. Continuing where a another Minister left off. But it seems like every Minister wants say they initiated this and that. The wheel does not need to be reinvented.
The Minister need to respect and abide by the law and execute it accordingly.
The Ministry of Justice is a very crucial ministry. The employees of this Ministry are the ambassadors of this country and it is imperative that something be done now.
“As a personal representative of the people and a former Vice president of a union, I’m urging the Minister to do the right thing execute all decisions by civil servant court and start placing everyone else in their positions based of jurisprudence and past precedence that was set by her predecessors.”
Lyndon Lewis
