Public Utilities Minister urges WASA: Learn from recent court loss

Minister of Public Utilities Marvin Gonzales is urging the Water and Sewerage Authority (WASA) to change the way it treats with concerns from customers over damage caused to their properties. He said such a change could improve efficiency and spare citizens from paying hefty legal fees if the matters are taken to court.

On Monday, Justice Joan Charles held WASA liable for negligence and nuisance for the destruction of a house in Upper Pashley Street, Success Village, Laventille, in 2003.

The owner of the house, Janet Rousseau, was awarded $1.2 million, which may rise to $2 million, as Charles also ordered a total of six per cent interest for the period from January 9, 2009, when the lawsuit was filed, to March 20, 2023, when the ruling was passed down.

In her ruling, Charles said WASA should not have forced Rousseau to take the case to trial.

Speaking with reporters during a recess at the Caribbean Regional Conference on Water Loss at the Hilton Conference Centre, on Wednesday, Gonzales said it was unfortunate Rousseau had to wait as long as she did before receiving redress.

He added that the outcome of the case was proof that WASA's transformation efforts were needed to address underperformance and sluggishness.

"This is a poor woman from Laventille, and recently we had another poor citizen, I think from Penal, that would have been allowed to drag through an entire judicial system, paying a lot of money to their attorneys and their legal counsels to represent a very powerful authority that has the financial resources to defend themselves.

"I think WASA should really look at their approach in how they manage these things and resolve those matters between the citizens and the authority so that we do not have to reach to this stage."

The court case, he said, strengthened his view "that we are actually on the right track and it solidified our position that WASA, as an authority, needs to change course. And that this transformation is justified in the circumstances.

"From a policy perspective, I think the Government is fortified in its resolve to continue with the transformation efforts, so that these things do not repeat themselves going forward."

Gonzales said the authority had a responsibility to assess customers' claims of damage and, if necessary, settle them before legal action was initiated, as that could be more costly to WASA and the public.

"There is a process. They will write the authority, they will indicate to the authority the damage that they experienced, the authority should do the right thing and the responsible thing – which is go and do the necessary assessments. And if it is found to be justifiable, settle the matter without having to drag citizens through the judicial process.

He said WASA had a lot of work to do to "change its attitude in the way it treats the citizens of this country, and that is what I am calling on them to do."

Asked if he felt the ruling would spark an uptick in litigation from customers, Gonzales said it was possible, and advised people to seek legal advice if they felt their properties were damaged by WASA's negligence.

Gonzales said, while he did not have the official figure on hand, he estimated that WASA's legal counsel were managing $100 million worth of claims. He added that he had asked its board to do an audit on its litigation on the basis of the court ruling.