Enforcement of Integrity in Public Life Act

FOR IMMEDIATE RELEASE

Press Release 01/2024: Enforcement of Integrity in Public Life Act

The Director of Public Prosecutions’ Office acknowledges the receipt as of the 10th day of

January 2024 of a communication from the Integrity Commission regarding the failure of numerous public officials to comply with the mandatory declaration requirements as stipulated under Section 30 of the Integrity in Public Life Act, Cap 22.18, as amended. A list of officers who are required to file pursuant to the Act is attached hereto.

As the custodian of legal enforcement in our Federation, this office views any breach of the

Act with the utmost seriousness, especially by those in positions of public trust. It is the

constitutional mandate of this office to uphold the law, ensuring justice and fairness without

fear or favour.

In light of the received information, this office is currently preparing charges for the individuals on the provided list. Due to the list’s length and the need to resolve certain administrative particulars, we anticipate that all charges, brought under the authority of the Director of Public Prosecutions, will be filed by Thursday, 1st February 2024.

The high ideals of justice and fairness, which are the bedrock of our legal system, necessitate stringent adherence to the laws governing public integrity. The requirement for public officials to file declarations of their income, assets, liabilities, and private interests is a critical tool in the fight against corruption. This mechanism ensures transparency and accountability, deterring

the misuse of public office for personal gain. Moreover, while some may find these

requirements intrusive, they are essential checks against corruption. More importantly, they shine a light on potential conflicts of interest and illicit activity, safeguarding the public trust and ensuring integrity in government. The discomfort of compliance pales in comparison to the necessity of maintaining integrity within our public institutions.

The refusal to file statutory declarations of assets and liabilities, as mandated by the Integrity in Public Life Act, may seem like an isolated act of defiance. However, it is the first, insidious crack in the dam of societal order. It establishes the dangerous precedent that laws can be ignored if one deems them personally inconvenient. If public officials, sworn to uphold the law, can circumvent this vital transparency measure, what message does it send to the wider citizenry? Furthermore, as law becomes selective, so too does trust. The public, witnessing public officials cherry-picking which laws to obey, justifiably questions the integrity of the

entire system. Resentment festers, breeding cynicism and a dangerous disengagement from civic responsibility. Why follow the rules, the public may ask, if those in power do not?

Notwithstanding that our office is in the process of filing charges, it is still possible to escape prosecution if the Commission receives your completed declaration before the 26th of January 2024. For ease of reference the requisite declaration may be downloaded from https://iplskn.com . It is worthy of note that the initial deadline for filing, 31st July 2023, has long past with the next filing date of April 30th 2024 fast approaching. The Integrity Commission has already warned applicable public officials that if public officials failed to file by 1st December 2023, that they would consider handing over names to the Director of Public Prosecutions for action. On 8th December 2023, as part of a press conference to commemorate Anti-Corruption Day, as Director of Public Prosecutions, I promised action against defaulters in no uncertain terms and that it was just a matter of waiting for the list from the Commission. I have now received that list. There will be NO FURTHER WARNING. All of these opportunities for compliance have been made to demonstrate to the Court that every effort has been made to reach out to defaulters to comply. Charges, once finalized and filed, will carry the full weight of the Act, with potential fines of up to $30,000.00 or imprisonment for up to three years.

I make one final appeal to all non-compliant public officials to fulfill this legal obligation

promptly to avoid prosecution. It is not the desire that any should perish by way of prosecution but as Director of Public Prosecutions, my duty is to enforce the law. When faced with the choice between non-enforcement due to perceived inconvenience and enforcing the law to combat endemic corruption, I unreservedly choose the latter. The choice is not between comfort or justice; rather it is between upholding the rule of law or allowing corruption to fester.

The status of individuals on the list, regardless of position or influence, is irrelevant to this

office. Whether high-ranking official or appointed worker, everyone entrusted with public duty is equally bound by the Integrity in Public Life Act. No-one is above the Law!

This office stands firm in its resolve to prosecute violations of the Integrity in Public Life Act and ensuring that all public officials adhere to the highest standards of integrity as required by law. The message is unequivocal: “comply with your legal obligations or face the

consequences.” The fight for transparency and accountability in public service demands

unwavering commitment, and the Director of Public Prosecutions’ Office will not hesitate to

act to safeguard the integrity of our Federation.

Mr. Adlai Smith

Director of Public Prosecutions

Schedule

PUBLIC OFFICIALS

1. Representatives in the National Assembly;

2. Senators in the National Assembly;

3. Speaker in the National Assembly;

4. Deputy Speaker in the National Assembly;

5. Representative in the Nevis Island Assembly;

6. Senators in the Nevis Island Assembly;

7. President of the Nevis Island Assembly;

8. Members of the Constituency Boundaries Commission;

9. Supervisor of Elections;

10. Electoral Commissioners;

11. Clerk of the National Assembly;

12. Prime Minister;

13. Leader of the Opposition;

14. Ministers in the Cabinet;

15. Ministers in the Nevis Island Assembly;

16. Parliamentary Secretaries;

17. Attorney-General;

18. Solicitor-General;

19. Senior Legal Officer in the Attorney-General’s Chambers;

20. Director of Public Prosecutions;

21. Deputy Director of Public Prosecutions;

22. Director of Audit;

23. Public Service Commissioners;

24. Members of the Public Service Board of Appeal;

25. Police Service Commissioners;

26. Magistrates;

27. Registrars of the High Court;

28. Deputy Registrars of the High Court;

29. Registrars of Land;

30. Deputy Registrar of Land;

31. Head of the Civil Service;

32. Chief Personnel Officer of the Civil Service;

33. Financial Secretary;

34. Permanent Secretaries of the Civil Service;

35. Ombudsman;

36. Information Commissioner;

37. Assistant Secretaries at or above the level of grade K40;

38. Comptroller of Inland Revenue;

39. Head of the Central Purchasing Unit;

40. Commissioner of Police;

41. Deputy Commissioner of Police;

42. Assistant Commissioner of Police;

43. Director of Public Works;

44. Head of the Citizenship by Investment Unit;

45. Accountant General;

46. Comptroller of Customs;

47. Deputy Comptroller of Customs;

48. Ambassadors;

49. High Commissioners;

50. Chairpersons, Deputy Chairpersons, Managing Directors, Chief Executive Officers, and General Managers

of:

(a) corporations established by an Act of Parliament for a public purpose or as a subsidiary company of that

corporation registered under the Companies Act, including but not limited to:

(i) Development Bank of Saint Kitts and Nevis;

(ii) Social Security Board;

(iii) St Kitts Investment Promotion Agency;

(iv) Financial Services Regulatory Commission;

(v) Medical Cannabis Authority;

(vi) National Disaster Management Agency;

(vii) National Housing Corporation;

(viii) Clarence Fitzroy Bryant College;

(ix) WhiteGate Development Corporation;

(x) Frigate Bay Development Corporation;

(xi) Saint Christopher Air and Sea Ports Authority;

(xii) Saint Christopher Tourism Authority;

(xiii) Saint Christopher and Nevis Solid Waste Management Corporation;

(xiv) National Handicraft and Cottage Industries Development Board,

(xv) Agricultural Land Development Authority;

(xvi) National Carnival Committee;

(xvii) Saint Christopher National Trust;

(xviii) Nevis Solid Waste Management Authority;

(xix) Nevis Air and Sea Ports Authority;

(xx) Nevis Cultural Development Foundation;

(xxi) Nevis Electricity Company Ltd.;

(xxii) Nevis Tourism Authority;

(xxiii) Nevis Housing and Land Development Corporation;

(b) a bank or corporation owned by the Government of Saint Christopher and Nevis or in which the Government

of Saint Christopher and Nevis has a controlling interest including but not limited to:

(i) St. Kitts-Nevis-Anguilla National Bank Limited;

(ii) ZIZ Broadcasting Corporation;

(iii) Urban Development Corporation;

(iv) St Kitts Electricity Company;

(v) St. Kitts-Nevis Cable Communications Limited;

(vi) La Vallee Greens Limited; and

(c) a commission, statutory board, public authority or other body of any description, whether its members are paid

or unpaid.”.

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