Three cheers to Tamilia Chance

For taking ah chance

Te sing in France...

But shame on France

For not giving we a chance

Te vote fo Chance

We could vote fo Hollande

So he could hold on

And even Sarko

So he could come sock we

some more

But fo Tamilia Chance

They can’t give we a chance

So Tamilia don’t give up singing

Sing fo wee

And you will go down in history

Raymond Helligar aka Big Ray

Dear Editor,

Former Lieutenant Governor Charlie Vlaun once stated, “There are three powers and governments. The largest and strongest is located in Maho, the second largest in Front Street, and the smallest and weakest government, in the administration building.”

On October 10, 2010, St. Maarten embarked on a journey to the promised land of political freedom. A land where we would cut off the tyrannical grip of Curaçao – the colonial headquarters of the Dutch Kingdom. Politicians promised the people milk and honey since the island would no longer have its capital squandered within the Netherlands Antilles. St. Maarten would become an “equal partner” in the Dutch Kingdom and have its own Parliament. The new status came as a direct result of the 2000 referendum in which 69 per cent of the electorate voted for status aparte. Although the status may be seen as a great move by most political leaders, our people have yet to be incorporated into agendas of the local politicians. If we were, they would have focused on nation building by ensuring that the population was also prepared for the change.

The neglect of the people has been proven by the countless citizens that do not understand how our government system functions or what roles our parliamentarians play. The majority of our youth still do not know what 10-10-10 represents as they were not properly educated about the transformation that would take place. I can remember when my friends and I jokingly asked ourselves, “How different do you feel?” while we were in class laughing about the fall of the government. We probably wouldn’t have laughed if we found out the cost our parents and other taxpayers paid to benefits for ministers and Members of Parliament. What should probably be a day of celebration and a symbol of nationhood is nothing but a personal achievement for the politicians who delivered us from the burden within the Netherlands Antilles.

We are a country by mouth and not by practice. From 2000-2010 St. Maarten sent hundreds of its students abroad to study in the Netherlands, U.S. or within the region. Meaning, by the time we achieved our new status the island should have had enough professionals to work in the different ministries, departments and companies in government. Although the personnel quotas to fill in positions were reached, many positions were filled by people whose only strong point was their connection to politicians.

The effect of this was the hiring of consultants to do the work of those same people or the hiring of foreigners to be the head of the “incompetent” locals. What does 10-10-10 mean to a St. Martiner? At present, it means being abused by our very own politicians. Many of our youth are asking what does St. Maarten have to offer them or what sense does it make to come back home after studying? Major companies and hotels continue to hire foreigners to be managers and the cause of the working class is forgotten. We went from worse to “wussera” and got a six for a nine. At present, St. Martiners do not see a reflection of themselves in this current system and that has to change.

The most visible change since 10-10-10 is simply the expansion of government. St. Maarten had to set up and manage institutions which were usually run in Curaçao. Parliament had the biggest responsibility of amending laws, drafting or passing laws and proposing motions to improve the living standards of the people. It is supposedly the highest legal body on the island.

Unfortunately, what we have witnessed in the last five years are grandstanding, multiple falls/coalitions of governments and lucrative pay outs to former Ministers and MPs. Lack of continuity and stability continues to affect the public schools that remain in a deplorable condition, immigration control, a declining economy and the crime rate. Our political chaos led to instructions being imposed on the island by the Kingdom government, which local politicians deemed undemocratic in a system they signed up for.

Although I understand that the island was lacking resources, had politicians applied leadership principles besides playing politics we would have been much better off today. The poverty issue, cost of living and six-month-contract abuse have all been “addressed” by politicians yet the masses await actual implementation of policies that will solve the problems.

For the majority of the people, 10-10-10 is simply a false autonomy because the ultimate decision-making power is in the Hague. Parliament, the very same high-governing body in the country still cannot pass a budget without the approval of a supervisory (non-elected) board, with a foreign attorney general and an inherited justice system that does not take our culture into consideration. It is a holiday celebrated by the ruling class because I don’t see the positive impact or value for in the lives of the average St. Martiner.

The only solution for “Country St. Maarten” is to start the journey of nation building. The first priority should be the education of our people and instilling values within our community. We have to make provisions to safeguard our heritage and ensure that our culture continues to live. Entrepreneurship needs to be promoted and the red tape that prevents a local from starting his or her own business needs to be cut. Most importantly, politicians need to be held accountable, especially for the mismanagement of government resources.

Despite our problems St. Maarten progressed in leaps and bounds, but there is so much that could have been done better. The people must be involved and considered in the decision-making process in order to make up for the neglect that they’ve continuously faced. When our island is unified, when laws are passed to better the lives of our people, when our young professionals are given a chance to lead without victimization, when the rights of workers are being protected and when there is an equal distribution of wealth... then we shall celebrate. And a great jollification will surely take place.

It is time for us to rise and remember that love and labour will always prevail.

Ralph Cantave

Dear Editor,

I kindly request that you allow me some space in your publication to express my thoughts about the recent articles that have been written about me in the media. I am hopeful that you will consider giving this story the same kind of exposure as you did to the story printed about me on Thursday, October 6.

I would like to start by thanking everyone in the local media for the countless times over the past two decades that they have highlighted my many accomplishments, awards, and services within the community. I have taken great pride in being a leader on the local culinary scene, and have thoroughly enjoyed playing a role in helping St. Maarten to build the reputation of being recognized as the gastronomic capital of the Caribbean.

This being said, the recent article about my tax situation begs me to question if the leading news sources on this island are truly practicing newsworthy journalism, or are they simply becoming avenues for tabloid and gossip stories? One of the fundamental principles of truthful journalism is that there are always two sides to every story.

In recent days I have read articles about me in several different "news" publications, which make strong accusations about my business practices, but sadly not one reporter has contacted me for comment before printing these stories. It seems like our media are a little too eager to write slanderous stories about any well-known person on the island. I am no stranger to the local media; why has no one reached out to me for a comment?

Why have the local media been so quick to try and tear down my reputation without even asking to hear my side of the story? Does every business person who has a tax issue have his or her name and picture printed along with a lengthy (one-sided) story? If I were not well known in the community, would this still be a front-page story? If in fact this is a newsworthy story it could have been printed with just my initials, and certainly there was no need for a large picture of me on the front page (as was printed by the Today paper), but then again, perhaps my name and image is what makes this story interesting? If you are writing a gossip column then this is fair game.

The headlines that were written are clearly worded in a way to sound like a "new piece of melee”. I have good relationships in the media with many journalists for many years, several of whom I still consider personal friends. Why would no one contact me for a statement before printing such a negative headline about me? Since my personal business is out in the open now, I think it’s important for me to offer a statement to explain things from my side.

About 10 years ago, I opened a restaurant in Cupecoy called Rare with the intention of building this business into an international brand that would one day be a franchise with multiple locations in various countries. I took advice from accountants and attorneys as to how I should structure the legal set-up. As a formally trained and celebrated chef with many awards, I worked hard to create recipes, a unique design, and standards of operations that would have been used for new locations in collaboration with other professionals.

Some of you might remember, around this time, the global economy changed drastically. The opportunities I was exploring in cities like Miami and New York now came with far more risk. The plans to go international were put on hold. Rare St. Maarten experienced some success for a few years, but we were still barely breaking even, whatever we made in the high season covered our losses in the off season.

About 4 years after I opened Rare, I also invested into a coffee franchise (Rituals) and opened 2 locations in Philipsburg. After a trial period of almost 1 year, we were struggling to turn a profit with Rituals. I was spreading myself too thin, so I decided to close Rituals. When it was all said and done, between my start-up costs and costs of shutting down, I lost a fair amount of money. As per the advice of my accountant at the time, my losses from Rituals were absorbed by Rare.

I would also like to clarify that my brother Arun never had anything to do with the business set-up or any of the business dealings of Rare. There were plans to get him involved from a marketing and branding side, when Rare was ready to open locations outside of St. Maarten, but sadly that day never came.

After years of trying, Rare never became what I originally dreamed it could be, so I decided to close the business and re-focus all my energy to my flagship restaurant Temptation. Since Rare did not grow the way it was designed to, the legal structure which originally was set up was inappropriate and resulted with me having an obligation to pay more taxes. It grew to be a costly learning experience, but one that I am glad will soon be behind me.

For almost a year now, I have been trying to negotiate a settlement with the Fiscal Affairs Office, but we were unable to mutually agree on a figure, and were even denied a reasonable monthly payment plan, which led to the recent court case to determine whether the legal construction I had chosen to use, could qualify as tax-fraud. To the letter of the law, I have been “convicted,” but in fact I am a hard-working local businessman who made a mistake, and am prepared to pay for this.

I am deeply offended by recent statements which suggested I have avoided paying taxes for many years, and that my actions have cost country St. Maarten a lot of money. Because I am well known in the community, and my restaurant is constantly in the spotlight, I cannot hide under the radar, and therefore my tax compliance is significantly higher than many others on the island. There are plenty of businesses with significantly less or even zero compliance.

At the end of the day, I took advice from professionals who are fiscal law specialists. I am a chef, I could never know the details of the tax code, and therefore I rely on advices that have been given to me from the experts I hire. The structure which was set up was fundamentally legal, but every construction has to be played by certain rules to avoid problems with the tax inspectorate. I find it a pity that Fiscal Affairs Office was not willing to offer a reasonable monthly plan to settle the fine I was facing, insisting that this payment had to be made in full within a time frame of several weeks.

To use a soccer analogy, I feel I have been given a red card on my first violation, which should have been a yellow card, especially considering that many players on the field are commonly getting away with many violations.

I am not blaming anyone for what has taken place, I am an adult, and I must own my decisions. Yes, I tried to find a legal way to lower my tax burden, but I have always paid taxes! I challenge the media to find anyone from the business community who does not try to minimize his or her tax burden. I accept responsibility for the way I have run my business. Now that my name and reputation will be linked to conversations about taxes within the community (for the next few days at least), I hope some good can come out of all of this.

The real story here should be, it’s long overdue for country St. Maarten to simplify and reform our tax code. Hopefully we will have a stable government in place that will finally make this a priority, because the current tax code is not motivating to the business community, and I know the leaders of this country are aware of this.

My story hopefully serves to highlight how challenging the current tax system makes it for local businesses to turn a profit, even if you are qualified and armed with a very good business plan, the odds are stacked against you. In my case, 2 out of 3 businesses failed, but fortunately Temptation is still running strong. This year we closed for an entire month for the first time in 14 years. I needed some time to step away and re-focus my energy to my passion of cooking.

As stated, I'm glad to finally put this matter behind me and get back to doing what I do best! This story hit the media the day before Temptation was scheduled to re-open... thanks again to all my friends in the media for the free press! Don’t forget to book your office Christmas party!!! Even the tax office is welcome for dinner by us.

Finally, I would like to encourage the local media to focus on real journalism and stop being so quick to try and ruin the reputation of hard-working St. Maarteners. The media's role and obligation to society is far more important than this!

Thank you for allowing me to express my thoughts on this matter.

Dino Jagtiani

Chef/owner

Temptation Restaurant

Editor’s note: The story that appeared on page 4 in last Thursday’s edition of The Daily Herald is based on the official verdict as handed down by the Court in Philipsburg on Wednesday, October5. The story made ample reference to the arguments presented by tax lawyer Gert Bergman on behalf of his client Mr. Jagtiani. As is usual in all court reporting by this newspaper, the arguments presented by both sides in court are reported in summary. Therefore we see no need to seek additional comment from Mr. Jagtiani nor do we recognize ourselves in his description of local media as becoming “avenues for tabloid and gossip stories”.

Dear Editor,

There is no sensible explanation that the National Alliance can offer its loyal supporters, regarding the decision to join with the UP Party. NA has thrown the people to the wolves and gave the country away to gangsters and cult leaders.

I am extremely disappointed in the Leader William Marlin and the Deputy Silveria Jacobs. They have absolutely nothing to say to this public concerning the matter of integrity. This foolish move has confirmed their weak leadership and cemented the fact that the people have become nothing more than just a vote.

Now it is very clear why these parties have no ideology. They don’t believe in anything else but to garner votes to keep them in power. Looking back, the press conference that took place between the two parties had no substance at all. It was also obvious that the Leader and Deputy were not honest with the people on the real issues.

Up to this moment, the sentiments of the people have not been addressed nor did they have the courtesy to acknowledge the request of one of their coalition partners. All they are concerned about is to stay in office under the disguise of advocating stability. The lingering question is: stability for whom?

This is why integrity remains a major issue in this country; but more surprisingly, by those who are voted-in to lead. What they failed to comprehend is that having a Government with 10 seats does not guarantee stability.

The steadiness of any Government is rooted in the heart of every politician. So if the heart is not in sync with the vision to govern, instability will always continue. Furthermore, stability of the country goes much deeper than putting mechanisms in place to prevent ship-jumping. Real stability of any nation is about improving the lives of the people, first and foremost.

Getting down to basics: Is it not the same Leader of the NA who was so adamant about giving utility relief to the people? What was the real purpose for reversing several decisions that were taken by the UP Government? And, is it not he who complained bitterly about the bridge to nowhere, which has led to the sharp increase in consumer goods?

Likewise, on Election Day, the Deputy expressed her dissatisfaction on radio, when UP supporters failed to adhere to the rules. And, she was highly offended when the UP board pointed out a number of shortcomings within her Ministry. How is it that out of the blue nothing seems to matter anymore?

MP Christophe Emmanuel claimed that he was offered millions of dollars to cross over. Who was the donor, or was it just a practical joke? What about the issue of the new utility meters and the exorbitant food prices that he hotly debated and condemned? Don’t talk about the dump! Have these concerns become acceptable all of a sudden Chris, when the people are being tortured, due to this soaring cost of living? Or, is it because he is scheduled to be the next Minister of VROMI why he is not vocal anymore?

What is scary but more dangerous, is to mesh the opposing principles of both parties. Besides this oil and water relationship, everything that NA campaigned against; they have surrendered these portfolios to the UP – portfolios with the kickbacks and to a party with the reputation to tighten the chokehold on the most vulnerable. So, what ideology did NA really campaign on? Was it truly based on putting the people first or was it about themselves and their families?

People, this behaviour by NA has indicated that the present coalition is nothing more than just a façade. If the NA doesn’t have the guts to inform the people of the real situation, then the DP should take the lead and clear its name.

If the leader of the US Party is indeed a pain in the side of the current coalition, why punish the DP? Do the efforts of Minister Emil Lee and Chairlady Wescot-Williams simply go to naught? Wow! Now it is safe to conclude that this present coalition is just a sham. If all is well as the NA and US want the people to believe, why would the NA be this desperate to fix a relationship that is not broken?

This is why I admire MP Hyacinth Richardson. He is the only one who did not sign on to this incoming coalition. When the test of honesty and loyalty to his people, came knocking, he remained true to his conscience. He campaigned on the basis of looking out for his people and he stuck to that belief in spite of the unexpected turn of events and feelings of his colleagues. The stance that he took proves that he is a man of his word and an MP of principles. This is the kind of integrity that is lacking in the political arena!

The good book says, “Don’t promise a gift and don’t give it. That is like a cloud blowing over a desert without dropping any rain.” And, “When there is moral rot within a nation, its Government falls easily. But with honest, sensible leaders there is strength.”

Joslyn Morton