The lawsuit about parking on Great Bay Beach near Walter Plantz Square (see Saturday paper) is yet another example of how government and its entities often merely worsen problems by failing to meet their commitments and legal obligations. For starters, the then Public Housing, Spatial Planning, Environment and Infrastructure VROMI minister reportedly sent a letter to the Ombudsman on November 26, 2015, promising to prevent cars from driving on that stretch of beach early in the following year.
An understanding had apparently been reached as well since June 9, 2016, between the Ocean’s Building, the Ministry of Tourism, Economic Affairs, Transport and Telecommunication (TEATT), Port St. Maarten and the Nature Foundation, whereby parking would no longer be allowed in front of the resort and temporary beach parking was not to exist for more than two years. The latter period passed, while a follow-up letter of June 21, 2018, sent out by the plaintiffs got no response, hence the injunction in which the country has now been ordered to block the alley and prevent cars from accessing the area within 30 days.
When asked by the defendants not to impose penalties for non-compliance or to lower the amounts due to the state of public finances, the judge noted that unfortunately government regularly disregards court rulings. Partly for this reason, a daily penalty of US $1,000 to a maximum of $1 million was thus set.
That is not a desirable reputation for the main executive body in the land appointed by elected representatives to work on behalf of the people. It also sets quite a poor example when what can be considered community leaders with such high positions fail to do the right thing but expect everyone else to respect and follow the rules.
The point is that once again things did not have to get this far in this case had certain persons in functions of authority kept their word and honoured agreements, even if made by predecessors representing another party and coalition. Governing is – at least supposed to be – continuity.
