Antigua and Barbuda

Partly Cloudy
79°F
High: 84°F
Low: 77°F
 

Cash-Strapped APUA - Exasperated Chairman

Cash-Strapped APUA - Exasperated ChairmanFrequently, people pre-occupied with perceptions of seismic activity may have been often forced into believing that the earth beneath their feet was moving.

Invariably, others hallucinating, may have mistakenly believed that rolling thunder was the rumblings of earthquakes. Many had perceived dangers or occurrences that were far from reality. For the faint-hearted, such rumblings signified imminent disaster and the possibility of inconvenience, pain, sorrow and grief. In such state, some may have become jittery that their worlds of fantasies were coming to a tragic end.

SOCIAL/ECONOMIC JUSTICE

When APUA Board Chairman CLARVIS JOSEPH voice reverberated across the nation disseminating public information, it was void of ambiguity.


Though it may not have reflected, his astuteness as an experienced businessman was unmistakably evident. Thus, when he disclosed APUA’s intentions in affecting their financial obligations to the Authority, not only that it may have plunged residential and commercial consumers into chaos and confusion, but “…those who had fought rebelliously to set the captives free; …fought selflessly and tirelessly for citizen’s rights, freedoms, liberties; …laid foundations for national and energy self-sufficiency; …telephone and water developments; …social and economic justice; …equality, well-being and prosperity;…made sacrifices that they may enjoy improved standard and better quality of life,” though resting peacefully in eternity, many hearing their cries, may have cringed provocatively in their graves.

ADAMANCY/EXASPERATION

The APUA Board Chairman with fluency and clarity of purpose spoke to the Media, on certain critical matters affecting its operations.  However, it was the apparent   air of “…adamancy and exasperation” that had placed financially-challenged consumers in a state of anxiety. Yet through a husky, but coherent speech, he had forcefully delivered his message that sent hapless citizens into frenzy. The Chairman had intimated that there were to be “…en-masse utilities disconnections.” Such had been evidenced by a sense of decisiveness.

However, on the big issues radio programme, the Board’s Chairman had clarified the contentious issue, pointing out that the AUTHORITY was targeting “…Commercial businesses” for disconnections [Observer: March 25, 2012]. When he revealed that “…poor people don’t owe,” consumers may have breathed welcome sighs of relief. Before the clarification, this commentary had already been authored to reflect the moods, reactions, feelings and perceptions of the citizenry.

FAIR ANTIGUA/BARBUDA

In a nation as diverse and seemingly blessed with some of the sanest, orderly, peace loving and law   abiding people, some of the attributes had been their resilience, tolerance and understanding. They had proudly proclaimed it as “…FAIR ANTIGUA AND BARBUDA.” Then with an immeasurable degree of sacredness, a particular tenet of this society had been the acknowledgement of the “…SUPREMACY OF GOD.” Consequently, the citizenry deserves only the most conscientious and the compassionate may be positioned in providing for empowerment, self-sufficiency, their prosperity, safety, security and well-being. Therefore, those seen as working against their best interest and that of their well-being shall be judged by history and posterity for their misdeeds to their fellowmen and ultimately, to humanity.

BEARER OF BAD NEWS

Medical Scientists, in the quest for scientific answers to ascertain how medicines affect the human body, they have often experimented on rats and guinea-pigs. Conversely, in human affairs, irrespective of intellect or affluence, it is expected that when situations demand or circumstances and/or expediency so dictate, some human being had to be identified and used as the “…Bearers of bad news.” Thus, if the “…ends justifies the means,” ideas that may have been conjured up for good or with ulterior motives had to be communicated “…To whom it may concern.” In governance as it has been in other entities, the same principle is applicable.


DRASTIC DRIVE

The APUA receivables as revealed had been an overall sum, (presumably for the three services), to be a whopping EC$682M. In the declaration of intent, the APUA Board Chairman CLARVIS JOSEPH had made it abundantly clear that the service provider was cash-strapped. This he said was primarily due to delinquent customers, and that it had to embark on a “…drastic drive” to recoup every cent that was due and payable to the Authority. Consequently, in a terse, yet audible voice, he had declared that of the three essential services being offered “…Water; …Electricity and Telephone” (WET), default payment of a single service, also meant default on those where consumers had not been delinquent in payments.

GREATEST GOOD/GREATEST NUMBER

In view of consumers and public reactions, should an APUA Board Chairman be unwittingly allowed to operate, either in a vacuum or with impunity in affecting the quality of life of every man, woman and child? Pundits had argued that from the “…national and public interest standpoint,” a citizens may not be allowed to suffer, due to the ambitions, egoism and/or impulsive behaviour of a single individual. It has always been said that the common wealth of a nation were to be evenly distributed for the “…GREATEST GOOD FOR THE GREATEST NUMBER.” From a national security standpoint, a nation may not be allowed to suffer, due to the ambitions, egoism and/or impulsive behaviour of a single individual.

NON-PAYMENT

Thus, equally as much, none may deny that “…NON-PAYMENT” for the essential services provided by the APUA had been impacting negatively on its “…financial well-being and sufficiency; …ability in promptly meeting and discharging its obligations; …adequately responding to service deliveries and demands; while at the same time …maintaining its operational capabilities and effectiveness with efficiency, reliability and quality services. The Authority, seemingly “…cash strapped and exasperated” may attributed its operational difficulties, due in part to lack of employment opportunities and an economic crisis that had militated against prompt settlement of outstanding arrears. These factors appeared to have had a stranglehold on both, consumers and utilities service provider. Undoubtedly, citizens appeared to have found themselves precariously sandwiched between the “…devil and the deep blue sea.”

POLICY DECISIONS

In view of the provisions of the APUA Act that allowed for regulations to be made by the Minister, whatever the APUA Chairman had touted, such necessarily required the seal of approval of the Minister with responsibility. The Board’s Chairman had posited reasons as those affecting monthly and/or defaulting payments by bona fide consumers. Given the apparent critical financial state of affairs, he may have been emotively overwhelmed by the financial crunch, thereby indicating that the Authority needed as much as EC$27M weekly of a significant sum, said to be protractedly owed by delinquent customers.

UN-APOLOGETIC/UN-EMPATHETIC                                                                                                              

The weekly sum of $27M, he argued was necessary, if the APUA ought to meet and/or sustained its financial obligations and to operate with any satisfactory degree of efficiency and reliability. Hence, he cited that its recurring weekly expenditure and operational cost far exceeded collectibles. Thus, for these reasons, and even though he gave the impression that the APUA, like many consumers, including, government Statutory bodies, residential and commercial business entities were facing similar economic turbulence, were under its guillotine. This situation appeared to have been revealed mere days after a Statutory Corporation had suffered some suppression. He had expressed no apologies for what was contemplated for non-governmental entities and there was no expression of empathy for what were to be descended upon defaulters, seemingly struggling with high unemployment and soaring utility bills.


PUBLIC SENSIBILITY

It was evident that the revelations had impacted public sensibility. Thus, what may have been described as apparent sheer exasperation, Chairman of the APUA Board of Commissioners had been accused of uttering with some degree of “…self-importance, aggressiveness, and insensitivity,” that such plan was to take immediate effect. These were among the responses made by members of the public and those of the business and wider community. Conversely, the non-payment of tariffs may also be seen in the light of having adverse effects on the administrative and operational capabilities of the Authority.

SUPPRESSIVE MEASURES

When APUA Board Chairman and Commissioner CLARVIS JOSEPH, seemingly with tactless indiscretion made public that the APUA was considering extremely harsh suppressive measures in the three essential services offered to consumers, citizen’s reaction was understandably swift, pronounced and unforgiving. Citizen’s responses, whether personally heard, informally apprised or officially fed back to the Minister with responsibility for “…Public Utilities,” Honourable Prime Minister DR. BALDWIN SPENCER, he may wish to hearken to the despairing voices of the citizenry, their financial plight and domestic concerns.

CONSCIENTIOUS AND PRUDENT

Consequently, the Honourable Prime Minister may likely to be moved by some compassionate display, while privately expressing some degree of consternation over the Chairman’s declaration of intent. For all intents and purposes, such, if made public, may be likened to the case of seemingly “…Unofficial  pronouncements previously made by third parties in the State Insurance Corporation (SIC) divestment programme, when the Honourable Prime Minister publicly expressed contrary views of positivity and commitment to the divestment of one of  the State’s most economically viable corporations as reflected in its recent financial reports, thereby “…conscientious and prudent,” limited his comments to exploration of possibilities.

GENEROUS MONTHLY SUBSIDY

This were to be made on the premise that he, like other Members of Parliament, would have graciously acknowledged and appreciated that due to their official status and confidence reposed in them in assisting in the improvement of the quality of life of the citizenry, they had been enjoying special privileges at the “…generous monthly subsidy” of the citizens on their respective use of the three essential services of water, electricity and telephones. Thus, it was to be believed that with some measure of compassion and understanding, the Honourable Prime Minister would have been the first not to make an unpleasant economic condition, situation or feelings worsened to the extent of these becoming more difficult and untenable for the hapless citizens.


GROWING CONCERNS

Following the announcement, there was growing concerns among the citizenry. Many of whom became overly apprehensive and expressive with gestures of the utmost contempt. These came against the backdrop of announcements made by Chairman of the Board of Commissioners, CLARVIS JOSEPH, of the sole “…Public Utilities” provider. Seemingly in exasperation, the Chairman, rightly or wrongly, uttered an intention that may have negative impact on their“…EVERYDAY” domestic affairs and businesses operations were wholly dependent upon “…Water, Electricity and Telephones.

RUDE AWAKENING

Then with incessant cries, public outrage and widespread national condemnation soared. A panic-stricken citizenry was alerted to a possible “…RUDE AWAKENING,” following frightening disclosures by APUA Board Chairman, suggesting an impending APUA plan of action, intended to affect consumers, directly or indirectly. These included “…the elderly; pensioners; …the mature; …middle-aged; …young adults; …the student bodies; …the toddlers and the innocent infants in arms. Babies cried, not necessarily over the darkness looming over their cradles, but only to the extent that they needed to be fed with either that which nature had provided for their comfort and growth or specially prepared baby formulas that unemployed mothers may not easily access. Seemingly, only the financially-challenged, unemployed and the most vulnerable citizens of the society were likely to be affected. Most citizens had trembled and grumbled, equally as much as they had been left baffled.

MELANCHOLIC FEELINGS

Such intended course of action, if implemented, could easily revive melancholic feelings among the citizenry. And while critics had postulated over familiar characteristics, the Chairman’s utterances had given every consumer of sound memory and discretion, reasons to reminisce the dreadful experiences of one of nature’s most feared elements-the “…destructive 1995 hurricane LOUIS.” Its destructive fury had plunged the nation and people into total darkness. Thus, the Chairman’s position appeared to have reflected no flexibility, confirming that his intentions were as real as the beard worn on his face.

ESSENTIAL SERVICES

The declared courses of action were said to be the result of “…delinquent payment” of any one or more of the three primary “…essential services” exclusively provided by the nation’s Public Utilities Authority (APUA). While it may have been seen as a plan of action, the abrupt revelation was said to have been uttered either as a coercive or intimidatory tactic. Nonetheless, it was for the specific reason of ensuring prompt settlements of outstanding utilities bills. Even public officials had frowned at the apparent imprudently-timed and ill-conceived suggestion. Such, many had posited may very well have implications for consumer relations, public confidence, personal and/or official embarrassment and ultimately continued tenure.

PUBLIC UTILITIES

When citizens speak to “…PUBLIC UTILITIES,” it is instructive that they know a “…Public Utility is a business that furnishes or supply ‘an everyday necessity’ to the public at large. In modern societies, such utility is all part of the infrastructural development and a responsibility of a nation to provide for its citizens. Thus, public utilities provide inter alia, three essential services- “…Water, Electricity and Telephone.” These services may be publicly or privately owned or arrangements may be made for “…public-private partnerships” in their provision for public consumption. Whatever the arrangements may be, they are, nonetheless, operated as business enterprises. The APUA, established as a Statutory Business Corporation in 1973 through an Act of Parliament, had the monopoly for the provision of these essential services to the public.


PAYMENTS FOR SERVICES CONSUMED

Hence, the services provided to the public, such are said to be revenue generated and ultimately “…profit-based” business operations. In other words, they provide services for which customers “…SHALL PAY” at such periods as may be determined by the service provider for what they have consumed. Such was usually done through billings from accounts kept by the providers. Therefore, such settlements are expected to be made with minimum delays to avert delinquency, inconvenience and/or penalties for reconnection and/or litigation for “…CIVIL DEBT.” As with other business transactions, APUA as a “…business Statutory Corporation,” it reserves the right of litigation and conversely, is also liable to be litigated against.

DELINQUENCY AND DISCONNECTIONS

Dependent upon the contractual arrangements for services to be consumed; …actually consumed and non-payments for that which may have been provided by the APUA, disagreeable issues are inevitable. These, on the one hand may be raised by consumers over quality of service, responses to queries, repairs, billing or excess charges. By the service provider, invariably, it was about “…delinquent payments; …disconnections; …illegal extractions, connections.” Logic dictates that the service provider, in exceptional and/or extreme circumstances, may exercising a power or discretion in disconnect or suppress particular services of defaulters.

CONSUMER PROTECTION

Logic further dictates, that consumers who may not have been indebted to service providers for particular services, may not suffer penalties for which there were no indebtedness. Therefore, “…CONSUMER PROTECTION," dictated that calculated wantonness or recklessness on the part of service providers in “…SUPPRESSING” essential services that were not disputed may lead to lengthy, constituted a tortuous act and subject to litigious proceedings. Such contentions may be supported by a recent High Court Judgment against the national water service provider within this jurisdiction.


HIGH COURT JUDGMENT

Most citizens had arrived at such conclusions against a recent High Court judgment against the APUA in which the authority, upon a customer having legitimately completed the necessary formalities, fulfilled the necessary `1conditions and financial obligations, lawfully installed a “…special water line” at the premises of the owners/operators of “…Maulvin’s Trucking Service” at Paynters. Then subsequently, in a strange turn of events in what was described as an unladwful move, APUA personnel had altered the water line, thereby suppressed the duly contracted water service.

Hits: 2191

9 Comments In This Article   

HEADER   

SlyThatGuy

#9 tenman » 2012-03-27 22:30

SlyThatGuy so I take it that once the PM says something to you its true? How can you have such faith when he keeps losing cases (eg. The one against Gerald Watt and the one vs Lester Bird? Isn't it clear to you yet that the PM has difficulty understanding law? Chaku himself this article shows has found the claimed power debatable and suggests that a court may have to decide. The article also suggested that we look at the Maulvin’s Trucking Vs APUA case. The court ruled that APUA cannot breach a contract. There is a contract between the consumer and APUA for individual services. How thinking rationally can you think that any court would rule that a company can breach a contract for one service, simply because an individual breached a separate contract by not paying? SlyThatGuy if we had two separate contracts (eg: one for tiling your home and another for cutting your lawn), do you think you could breach one, simply because i was unable to perform on another?
..
0
0
+
−

tenman

@ Tenman

#8 SlyThatGuy » 2012-03-27 12:19

Tenman,thanks for the correction. I am now fully aware of which party initiated that policy;however, the point of my story I was trying to show you is that the company does have the proper authority to enforce this rule,despite of how I, you,or the other customers feel.And according to the prime minister,this rule is not new, and it has been around and active even before the UPP government came into office in 2004-even Robin Yearwood agreed that it has been on the books as part of the regulations governing APUA.So with this new piece of information comes new opinion.The only way I see APUA having legal issues if it decided to disconnect all services,is if it kept the policy concealed and the customers knew nothing of it before they were threatened by the company.Heck no, I am not new to Antigua.Just to give you an idea,I was around when Papa Bird and Robert Hall used to go at it,before Hall joined with George Walters and his brother,Selvin and Donald.
0
0
+
−

SlyThatGuy

@MR Pompey - correction

#7 tenman » 2012-03-27 08:42

Mr. Pompey the chairman may have said weekly, but there is no way APUA could make 27 million weekly anytime soon (not in my life time). He meant monthly. If you have access to the GM's affidavit you would see that he said monthly. If you were to convert that weekly figure into yearly, you would see there is no way apua makes 1.4 billion yearly, its more like around 300 million

..


..
0
0
+
−

tenman

SlyThatGuy - what bothers you today?

#6 tenman » 2012-03-26 17:33

SlyThatGuy you are wrong, the law you are alluding to, passed in 1973, was not enacted when the ALP was in power. In case you are new to Antigua, PLM was elected in 1972 and served until 1976. if you read the article you would see that it may not provide the power, claimed by the chairman. SlyThatGuy reread section FACE TO FACE,Simple Logic and CONSUMER PROTECTION. SlyThatGuy, sometimes a law or regulation sits unused on the books because its recognized that its enforcement could cause legal issues (eg law suits). APUA's customer service supervisor informed me a few weeks ago that services are separate, so also does the contract signed for the service at APUA. SlyThatGuy,What s strange though is yesterday you articulated against the policy of disconnecting on a service one does not owe for, yet today you wish to attack me. What changed?

..
1
0
+
−

tenman

RE: Cash-Strapped APUA - Exasperated Chairman

#5 UNITED STATES!! » 2012-03-26 16:46

It may sound harsh and cruel.APUA has the legetimate right to disconnect all of your utilities if you owe on any given one and does not pay.It is one entity so they have that right.That is why you need multiple sources to deliver utilities in Antigua and Barbuda.As long as APUA continues to deliver all utilities.They will have the monopoly,they will make rules in their best interest.They will change the rules when the existing rules do not work.What you need in Antigua and Barbuda is a Public Utilities board.They will make the rules and set prices for all utilities in the country.Apua will then have to justify rate increases because they would have to apply for such.That board would say yes or no.Good luck to you folks down there.Governmen t needs to get out of running everything down there.Leave it to private enterprises.
1
2
+
−

UNITED STATES!!

@ Tenman

#4 SlyThatGuy » 2012-03-26 15:03

Do you know what you're talking about,Tenman? You can't honestly blame the chairman when you know that he did not create this policy -it was established by the Antigua Labor Party before the current government was elected in 2004. What would be crazy is if the public knew all along of its existence,yet failed to oppose it until now the company is actually trying to enforce it.The company would be putting itself in legal danger only if customers were not informed from the beginning that they could lose all their services because of one outstanding bill.
0
4
+
−

SlyThatGuy

The Rot Has Set In With A Lack Of Good Governance

#3 John French II » 2012-03-26 14:49

Notes From A Native Son Of The Rock. Thanks Mr. Pompey. Kindly add this even though it may take decades to take root on the Rock. Sewer, Garbage Collection are now being treated as Public Utilities in some advanced jurisdictions. Here is Edgar O Lake: Quote:
I remember this place covered with corn as a child. We brought up on corn & brown sugar. I mean, all the nourishment in a place like this. Watch it now, everything rotting like bananas. He struggled to hold himself together. Funny how you see your self, in a dark-leafed place like this.
... Is we, rotting, I tell you! ... The instant we decide to tax each hand on a banana tree, I done see it. Is bad business extracting a tax from their pockets, but to cut a chunk like that from their hearts is a forever nakedness from Eden, we startin'! What else to do? - Tax the Picker? Harsh Rhyder Said. Is The same Damn thing! Ram spat on the Ground.
Transformation - Redesign, Reengineer, Restructure and Realign - or Perish.
No Vision. Very Poor Executive Leadership at The Board & Senior Execuitives. Weak and poorly lead management. Strategic Planning, Change Management & Quality Improvement Anyone. Respect
1
0
+
−

John French II

POMPEY

#2 tenman » 2012-03-26 12:30

MR. Pompey as usual well said. The chairman ignores the fact that APUA is not a Building material company (his phrase) but a utility company offering essential services. Its also a monopoly. Its crazy to think that the company can disconnect someones electricity because they owed on their telephone. The company puts itself in legal danger if it takes such steps.

..
3
0
+
−

tenman

RE: Cash-Strapped APUA - Exasperated Chairman

#1 browngal » 2012-03-26 11:38

I shuddered when I heard Mr. Joseph refer to APUA as "I", "mine" and "my". I always thought that APUA belonged to the people of Antigua and Barbuda. Mr. Pompey, I think Sir George & Sir V.C. were fooling us. How I yearn for the good old days.
2
0
+
−

browngal

Add comment

Mr. Rawlston Pompey

 Mr. Rawlston Pompey

 

 

 

 

 

Follow us on Facebook

Spotlight on Education

Previous Next
Financial Workshop Targets Youth
Antigua St. John's - The Department of Youth Affairs will hold a youth leadership...  Read more

Latest Opinions by Rawlston Pompey

Search Directory


Directory Listings


Toy Box Ltd.

Toy Box Is the number one Quality toy shop in Antigua, located on Old Parham road with their own parking. Make us your first stop for quality toys ...

Category: Kids and Teens


Treetops Garden Center Ltd

Our Plants and Nursery. In Our nursery we carry a wide range of flowering plants and bushes as well a variety of palms,this combined together with ...

Category: Plants

App

Android LogoDownload Caribarena's Android App Click To Download

Find us on Twitter!