New pieces of legislation could be challenged in court

Two pieces of  tax legislation which were passed in the House of  Representatives on Wednesday could be challenged in the courts in the wake of  concerns about their constitutionality.

Opposition Spokesman on Finance, Audley Shaw, is conducting a review to determine whether the Bills breach the Constitution. Mr Shaw has raised questions about the Tax Collection (Miscellaneous Provisions) Act and the Tax Penalties (Harmonisation) Act which seek to give certain government agencies more power.

He argues that the Opposition is not ruling out court action to get the matter resolved as its exceedingly dangerous legislation. Under the provisions, assets could be transferred to the State, as the Commissioner-General of  Tax Administration Jamaica (TAJ) receives additional powers.

Meanwhile, Mr. Shaw has outlined the specific issues he has with the legislation.  Chief  among them is the ability of  the TAJ boss to register a certificate of  tax with the Supreme Court. This would have the same effect as a judgment of  the court.

He believes this eliminates the judiciary from the process and does not allow for due process or the seperations of   powers that are protected by the Constitution.

And Chair of  the Taxation Committee of  the Jamaican Bar Association, Debbie Ann Gordon, has also raised concern about the legislation. She has described some of  the provisions as draconian, and may give too much power to TAJ. Ms Gordon has expressed concern about the ability of  the Commissioner General to lodge a certificate which would act as a court judgment. This she argues eliminates the ventilation of  the matter in the Court, and is unfair to those being assessed.

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New pieces of legislation could be challenged in court

Players, staff challenged by gruelling schedule

Sport

BY SANJAY MYERS Observer staff reporterSunday, September 08, 2013

CARACAS, Venezuela — Teams at the FIBA Americas Championship have had a hard time keeping up with a strenuous competition schedule.Four basketball games in five days during the first round was already hard on the minds and the legs, but a further four encounters in as many days, scheduled for the second stage, represents a nightmare of a challenge.The Jamaica medical team here has been working overtime trying to ward off bouts of fatigue, which undoubtedly will arise as the JamRockerZ enter the final second-round match against hosts Venezuela.The team’s head coach Sam Vincent and his assistants Sharone Wright and Richard Polack have also tried to lessen the effect by rotating players.“Several games in a row are very challenging on their body. What we are working on with each of them is to ensure they maintain their flexibility by massaging between games. We just want to keep them in shape because it is so challenging to be playing so many games back-to-back.“We also want to ensure that when injuries come up we can take care of those in the best way we can so players can give their all on the court,” the team’s massage therapist Daniela Goode told the Jamaica Observer on Friday.The major concern within the squad has been the right shoulder sprain injury to forward Patrick Ewing Jr, suffered mere days ahead of the tournament.Despite his ailment, which has hampered his effectiveness in games, and a few minor niggles within the setup, the team physician Dr Melita Moore believes the players have held up well.“I think the team has really been doing pretty well. They have really been about rest, hydration and getting proper nutrition. You play four games in a row [and] you have a lot of muscle recovery that needs to happen between games. There haven’t been that many injuries, so we have been fortunate in that department,” she said.“Anytime you travel internationally, your diet is going to change and unfortunately, you can’t find things you are accustomed to eating in your typical meal. We just try to make sure they have a lot more protein, a lot of electrolyte replacements, sport drinks and just eat very healthy while we’re here,” Dr Moore added.Jamaica’s basketball coach Sam Vincent reacts during yesterday’s 89-100 loss to Mexico at the FIBA Americas Championship in the Poliedro de Caracas. (PHOTO: FIBAAMERICAS.COM)

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Players, staff challenged by gruelling schedule