By Jeff Sybesma
Recently, the media reported that Cpost incorrectly delivered ballot cards, with the worst incident being in a neighbourhood where the cards were even found on the street. In an attempt to limit the damage, Cpost responded with a press release. In this release, the company announced an internal investigation to determine whether there had been any failure to follow procedures.
Cpost then stated that its responsibility is to deliver the ballot cards to the address listed on the card. As a possible explanation for the mishandling, the postal company pointed to a lack of mailboxes: not every house may have a mailbox.
Cpost refers to the Postlandsverordening 1998 (Postal Ordinance 1998), which stipulates that every home must have a mailbox and that it is the resident’s responsibility to ensure it is easily accessible. Additionally, the house number must be clearly visible.
This argument by Cpost is noteworthy. In rhetorical terms, this way of reasoning would be categorized as an argumentum ad hominem. Instead of addressing the core issue – was the mail delivered correctly or not? – Cpost shifts the focus to the recipients by questioning their credibility and responsibility. In other words, rather than acknowledging its own mistakes, Cpost points to the lack of mailboxes and unclear addresses as the cause of the problem.
This raises a larger question: why are ballot cards delivered to homes, while other official mail, such as tax forms, bills and letters from the Netherlands, are deposited in a Community Box (Cbox) in many neighbourhoods? This raises doubts. If the Cbox is sufficient for other important mail, why not for ballot cards? If my mail is delivered to a Cbox, why would I still need a mailbox?
Cpost might defend itself by referring to a ministerial decision from 2016 that allows the use of Cboxes. However, this argument does not hold up. The Ombudsman concluded in 2016 that the Cboxes violate the Postlandsverordening 1998, which provides no legal basis for delivering mail other than in a regular mailbox.
The Ministerial Regulation of September 20, 2016 (PB 2016, No. 63), which permits the use of Cboxes, contradicts the law. Therefore, all mail must still be delivered to the mailbox at home. And Cpost is not doing that.
It is high time for the Ombudsman to revisit this issue. The Regulatory Authority Curaçao (RAC), which oversees Cpost, should also take a more active role in this matter.
~ Jeff Sybesma is a retired lawyer and biologist. He is a member of the Advisory Council, a judge at the Joint Court of Justice, and a board member of Carmabi. This opinion is written entirely in his personal capacity. ~
