Mr. Emile Lancelot
Permanent Secretary (Ag)
Ministry of Public Works, Public Utilities, and Digital Economy
1st Floor, Government Headquarters
Kennedy Avenue
Roseau
Dominica
April 9, 2025
Dear Sir,
I am writing to formally address the ongoing and unresolved concerns regarding the ill-conceived and, as I contend, illegal Water Access Charge implemented by the Dominica Water and Sewerage Company Limited (DOWASCO). Despite my repeated correspondence with DOWASCO and copies to relevant parties, including yourself, the Minister of Public Works, Public Utilities and Digital Economy, and DOWASCO’s Chairman and Board of Directors, no corrective action has been taken. These concerns have gone unaddressed, and the law continues to be disregarded.
It is imperative to note that successive Ministers and Permanent Secretaries, including yourself, have failed to uphold the rule of law and ensure that DOWASCO operates in compliance with its legal obligations, particularly concerning the fair and transparent provision of water services. The operation, management, and regulation of DOWASCO are governed by the Water and Sewerage Act (Chapter 43:40, Act 17 of 1989), and it is incumbent upon you and the Minister to ensure compliance with the provisions of this Act, specifically Section 33(1). This section mandates that:
- DOWASCO shall prepare a budget for each financial year, maintain proper accounts and records, and prepare annual statements of accounts.
- Upon audit, these statements must be submitted to the Minister and tabled in the House of Assembly.
- Audits must be conducted by qualified auditors approved by the Minister.
It is clear that DOWASCO has failed to comply with these legal requirements, and as a result, the people of Dominica have been deprived of transparency in the operation of a vital public utility for more than two decades. Furthermore, the DOWASCO’s audited financial statements have not been tabled in Parliament for the last seven years, thereby violating the legal requirements of the Water and Sewerage Act and the Public Utility Act.
As the Permanent Secretary (Ag) and Chief Accounting Officer for the Ministry responsible for DOWASCO, it is your legal duty to ensure that the Minister is notified of these breaches and that corrective actions are taken. Specifically, you must ensure that the audited financial statements are submitted to Parliament in compliance with the law.
In addition, I must bring to your attention that any proposed rate increase, including the Water Access Charge, must meet the legislative requirements of being “fair and reasonable.” The failure to table DOWASCO’s audited financial statements further exacerbates the lack of accountability and compliance with the laws governing the utility sector in Dominica.
To date, I have not received any acknowledgment of my prior correspondence. For your reference, I have enclosed copies of my letters dated August 8, 2024; November 7, 2024; and February 14, 2025. These letters clearly outline the relevant sections of the Water and Sewerage Act (Chapter 43:40, Act 17 of 1989) and the Public Utility Commission Act (Chapter 43:01, Act 28 of 1972, as amended), which DOWASCO, the Board of Directors, and the Minister have failed to address.
It appears that DOWASCO has selectively adopted Section 35(2) of the Water and Sewerage Act (Chapter 43:40, Act 17 of 1989), which mandates that any rate increase must be published in the Gazette before it becomes law. However, the failure to comply with the broader legal requirements regarding financial transparency and fairness in rate-setting is unacceptable.
I respectfully urge you, Mr. Lancelot, to clarify to the people of Dominica why it is permissible for you, the Minister, and DOWASCO to violate the laws of Dominica and impose an Access Charge that is not only legally questionable but also discriminatory against DOWASCO’s customers. This charge is not based on actual consumption and undermines the principle of fair utility pricing.
As you are undoubtedly aware, the lack of a regulatory authority for DOWASCO further exacerbates the concerns of the people of Dominica regarding their rights and access to vital services. Despite this, DOWASCO continues to enforce this illegitimate and poorly structured charge, which is a matter of grave concern.
For comparison, the Water and Sewerage Company (WASCO) in Saint Lucia is undergoing a transparent rate review process, with the regulator actively reviewing its tariff application. I encourage you to review the article linked below to gain a clearer understanding of the transparent and responsible approach that a public utility must take to restore public trust and comply with regulatory standards:
Saint Lucia WASCO Rate Review Article
I trust you will treat this matter as urgently as possible and respond promptly. The people of Dominica deserve transparency, fairness, and legal compliance from DOWASCO and its governing bodies.
Respectfully,
Michael Astaphan
Concerned Citizen
cc: Mr. Bernard Etinoffe, General Manager, DOWASCO
cc: Mr. Louis Patrick Hill, Chairman, Board of Directors, DOWASCO
cc: Mr. Roy Shillingford, Auditor, DOWASCO
cc: Honourable Fidel Grant, Minister of Public Works, Public Utilities & Digital Economy