- Rudolph Brown/Staff Photographer
Road expansion work along the Half-Way Tree Road being undertaken by the National Works Agency (NWA).
Tyrone Reid, Staff Reporter
THE WAR of words between the Kingston and St. Andrew Corporation (KSAC) and the National Works Agency (NWA) is heating up rapidly, with Mayor of Kingston Desmond McKenzie dismissing the NWA's claim to ownership of roads within his municipality as a mere fallacy.
"Ask Mr. [Collin] Morrison (communications officer at the NWA) to tell you in whose name the titles for the roads are?" the Mayor said as he chastised the NWA for stating that all main roads in the island, including those in the Corporate Area, fall under the purview of the executive agency.
As far as the Mayor is concerned his office holds the titles to all roads in the Kingston and St. Andrew area and this is the Corporation's right to ownership.
The Mayor was firm and resolute. "Mr. Morrison needs to read a lot more before he opens his mouth, ok."
LOCKING HORNS
Since March of this year, the KSAC and the NWA have been locking horns in a heated verbal squabble over which agency owns the roads in the Corporate Area.
The war of words started out on a legal note with Mayor McKenzie threatening to haul the NWA before the courts for what he described as its unlawful removal and destruction of millions of dollars worth of legitimate outdoor advertising signs.
The NWA retaliated in mid May when Mr. Morrison insisted that the island's major thoroughfares fall under the purview of his executive agency.
"Main roads in Jamaica are the responsibility of the NWA... there are 5,000 kilometres of main roads in Jamaica that we are responsible for," Mr. Morrison told The Sunday Gleaner. "Why is it when residents from the Corporate Area call them (KSAC) about potholes and drainage problems... they direct them to the NWA. Why don't they (KSAC) take responsibility for them then?"
Burchell Whiteman, Information Minister, supported the NWA's claim to ownership of all major thoroughfares.
He told The Sunday Gleaner that the Public Works Department (PWD) was dissolved and the NWA took its place in 2001. Therefore, the NWA automatically assumed the role of the now defunct Public Works Department.
"It (PWD) had central government roads, main roads under its portfolio and local government had responsibility for the rest (so) what the Public Works Department used to have has been transferred to the NWA," he said.
However, Minister Whiteman emphasised that he was unaware of the rift between the NWA and the KSAC.
But, he did say that the present situation had to be clarified between the Ministry of Transport and Works and the KSAC.
CHECKING THE LAWS
As the verbal sparring continued, The Sunday Gleaner checked the Laws of Jamaica for the answers.
According to section 4 of the Parochial Roads Act: "Each Parish Council (in this case KSAC) shall have the exclusive care, management, control and superintendence of all highways, and all public roads, thoroughfares, streets, lanes aqueducts and bridges, in the parish for which it is appointed, except such roads as are otherwise governed and regulated under laws of this island, specially relating thereto, and except the roads under the superintendence of the Chief Technical Director.'
The above clause seems to support the Mayor's claim of the Parish Council having authority over the roads within its municipality. However the law further stated that the KSAC has authority for all roads in the Corporate Area except roads controlled by the Chief Technical Director of the Public Works Department a capacity legal experts say has been filled by Ivan Anderson, chief executive officer of the NWA.
In that same breath, the NWA's claim to ownership seems lawful, according to section 6 of the Main Roads Act.
It gives the Technical Director authority to manage main roads and the funds thereof, as it states; "Subject to the directions of the Minister, the laying out, making, repairing, widening, altering, deviating, maintaining, superintending and managing of main roads and the control of the expenditure of all moneys allotted thereto, shall be vested in the Director, with such permanent staff of engineers, superintendents and other subordinate officers as the Governor-General may from time to time appoint, and such temporary staff of superintendents and other subordinate officers as may from time to time be appointed, all of whom shall be deemed to be officers of the Public Works Department within the meaning of any enactment relating to the same."
Additionally, Section 3 of the said Main Roads Act seemingly purports that the NWA has some level of control over parochial roads as well because the Minister of Transport and Works can give the Chief Technical Director authority to lay out, make, repair, widen, alter, deviate, maintain or manage any parochial road. But, he first has to give notice in the Jamaica Gazette.
The Sunday Gleaner's analytical study of the laws plus consultation with the legal pundits seem to strongly suggest that the NWA which is a national body can override the authority of the KSAC, which is a local government body. But, not without following proper procedures.
Still, the Mayor adamantly argued that the KSAC is the sole authority in the arena of granting permission for the erection or removal of signs across the Corporate Area.
WORKING TOGETHER
"The thoroughfares belong to the KSAC so he (Mr. Morrison) needs to go and read some more and that is why they are doing what they are doing because they don't know the law. The law is quite clear. Even if someone applies to the National Works Agency to erect a sign and they say no, once we say yes that is what matters," emphasised Mayor McKenzie.
A source at the NWA told The Sunday Gleaner that the executive agency did not wish to comment any further on the matter.
Meanwhile, Mr. Whiteman said that there has always been the need for collaboration between the Parish Councils and the National Works Agency "when it comes to roads because as the Prime Minister has always said, people don't want to know whether is a NWA road or a Parish Council road."
Mr. McKenzie says he has no problems working with the NWA because "the KSAC doesn't have the capacity of such to tackle the many illegal signs that are situated across the city."
However, the damage has already been done and several Corporate Area businessmen are still awaiting restitution for the signs that they paid the KSAC to erect and lost at the hands of the NWA.
A few of the proprietors have threatened to take legal actions But against whom?
COMPANIES AFFECTED
King Alarm has reportedly lost approximately 40 signs at a cost in excess of $750,000. John Azar, managing director of King Alarm has warned that nothing short of compensation would suffice.Balmoral Avenue-based Technology Plus Company Limited alleged that six of their signs valued at approximately $270,000 were destroyed by the NWA. Joseph Francis, managing director, also said he would be seeking legal remedies to secure remuneration.Ricky Mahfood, managing director of Hawkeye Electronic Security Limited, said his company has reportedly lost approximately 15 signs worth $15,000 a piece at the hands of the NWA.
