Deepa Bhookhun
20 December 2007
Port Louis — A few years back, Mauritius made the choice of delegating its power to a Regional Assembly. Despite popular belief, this was not a move towards self-government; the law provides no government for Rodrigues, simply a delegated power.
Despite this semblance of autonomy, the bill was voted and everybody was reasonably happy. Even though bets were taken and words of caution spoken; "Mauritius is betting on the maturity of the people of Rodrigues", had said Paul Bérenger, then deputy prime minister in his address to Parliament. Then leader of the opposition, Navin Ramgoolam, welcomed the project "as long as this does not put into question Mauritius' territorial integrity."
Then prime minister Sir Anerood Jugnauth said, "The next move will depend on our Rodriguan brothers and the way they will manage the affairs of their island."
But no one predicted the predicament that central government would find itself in some six years down the line. "No, we didn't because we had thought that we would be dealing with reasonable people who understand that it is central government that votes a budget," says someone who was deeply involved in the project.
The predicament is indeed unheard of; the cabinet has ruled that Rodrigues would have to be divided into four sections for the purposes of the payment of bad weather allowances to fishermen. Rodrigues' chief commissioner does not think that's a good idea. So he flouts the decision and decides against government's approval to introduce a motion in the Rodrigues Regional Assembly to bypass a cabinet decision on the matter. His motion is passed notwithstanding the fact that minority members did a walk-out.
So now what? The argument from Rodrigues is that the island is autonomous, the Regional Assembly is "almost like the National Assembly" and that elected representatives of the Assembly have not actually disregarded a decision made by the minister of Finance; they will merely include the allowances under social welfare and all should be well.
Except that all is not well; Government has said no. And far from being "almost like a National Assembly", the Rodrigues Regional Assembly has the same role and duties of a district or municipal council in Mauritius. This very important detail - government's objection - doesn't seem to bother the Regional Assembly much, however.
It should, according to a source well versed in legal matters. Government can make the motion redundant through an injunction in the Supreme Court. Such a decision hasn't been made yet according to attorney general Rama Valayden who hadn't received instructions to this effect as at yesterday.
The government can simply not disburse
But more importantly, says our source, central government can simply not disburse the funds. Section 49 of the Rodrigues Regional Act says, "Monies appropriated by the National Assembly for the service of the Regional Assembly in any financial year shall be released as and when required."
In other words, the sum voted by Parliament for Rodrigues is not disbursed in one go and so some of it could as well not be disbursed.
"That would be the easiest way for central government to deal with this issue. If there is no money, there is no issue", says our source. The Regional Assembly could also find itself in a very delicate situation if ever central government wanted to be vicious; Government could "overcharge" the chief commissioner. In other words, central government has voted a budget for Rodrigues. If the chief commissioner decides to use extra funds for purposes not approved by Parliament, he has flouted the law.
Incidentally even the Rodrigues Regional Assembly Act did not provide for such a predicament, it provides for the removal of the chief commissioner. The President of the Republic is the only person who can remove the chief commissioner and in this, he is to act in his own deliberate judgment. He doesn't need any reasons or excuse to do so. Just his judgment. And of course the overriding interest of the Republic of Mauritius and its sovereignty.
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