Private Sector Commission cautions Govt. on using Acquisition Act

Oct 15, 2016 News

The Private Sector Commission has weighed in on the recent issue arising out of the Ministry of Legal Affairs, regarding the exercise of the government’s right under the Acquisition of Lands for Public Purposes Act to acquire private lands for public use.
The PSC posits that any such move by a government is always viewed with a high level of scepticism and reservation by investors, globally. The Commission published a statement to the press yesterday saying that such acts though legal, dampen investor confidence.
These actions, according to the PSC have the effect on investors to question their right to own property and believe that their investments are under threat.
The Commission is calling on the government to be extremely cautious when invoking the right to acquire private property for public use and to ensure that adequate transparency, thought, public consultations and justifications are made to avoid unnecessary controversy when such decisions are taken.
It was reported by the Commission that private property owners are in a state of trepidation since the recent issue was brought to the public attention. The Commission is calling on the government to clarify its policy and position on this matter.
Recently, Attorney-General Basil Williams had refuted claims that the government had compulsorily acquired two plots of land on Carmichael Street. These belong to Clarissa Rhiel and Beharry Groups of Company Ltd.
The two plots of land are located nearby the Legal Affairs Ministry. It was reported in the media that Cabinet had cancelled an acquisition process and ordered Williams to report on the matter.
Williams has since discredited these reports saying that there was no order existing to be cancelled. The AG has said that the two small plots have no building or erections on them and that it is pertinent to note that the former People’s Progressive Party Civic administration had passed in 2001, the Acquisition for Public Purposes (Amendment) Act.
According to the AG, the Act states, “it shall… be lawful under this Act to acquire land for the proposed construction of a public work or for a public purpose whether or not there is any building or erection on such land.”
He also said that no acquisition can be done without first engaging the owners of the land and entering into negotiations for the purchase of the land.
Williams had said that when he entered office, he made attempts to establish a permanent law reform commission and a law-review unit and that the current premises could not accommodate those entities.
As a result of this, the option to rent a suitable building was explored. However, he claimed that he was made aware that there were already attempts by the former government to acquire the lots.
The AG contends that the issue of compulsory acquisition was an inherited matter from the PPP/C.

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