Well they won’t. The writing is on the wall. Absolute’s latest business model has mananged to sink further into the sewer from hard selling nothing to a virtual pyramid scheme.

Absolute’s fractional ownership with guaranteed return over three years is a Ponzi Scheme for the following reasons:

1. Income stream is almost exclusively from selling fractional ownership, not renting rooms. The rooms are given free/at cost to prospective clients. The Agoda rates are not competitive with nearby hotels.
2. When all units are sold, rental income will be approximately 25% of current guarantees, immediately causing Absolute losses (unless they use the property to get sales for new ones – making the pyramid even bigger).
3. At the end of the guarantee period (or sooner if the word gets out) the value of the properties will fall 75%.

Moreover, the ownership structure is either extremely insecure or most likely illegal. Absolute has signed contracts for leasehold units and asociated them with BVI registered companies in which owners have shares. If the BVI company is closed, or forgets to pay its registration fee, then the investment it totally lost. Alternatively there may be a Thai company which directly owns the property with the BVI companies as shareholders. This would be illegal if the BVI companies own a majority of the shares. A Thai company must be >50% Thai owned.

It should be noted that Absolute are selling the properties for > 4 times what they are paying for them and charing > 4 x the cost of the monthly management fees. This profit-taking is excessive. Some of it is used to fund a workforce of salesmen that look like a private army of mercenaries and criminals, many of whom are part of a local biker gang. Scarey stuff…

Below are all the emails related to the case:

Queries
R
Richard Munisamy
to nina
Mar 5Details
Dear Nina

As We explained, We were suffering from severe sleep deprivation when We signed up to Your programme. As a result, Our memory of the transaction is incredibly hazy. Before We complete the second installment, We require answers to a few questions. We are sure that they were answered on the day, We simply can’t remember.

1. We were promised a free boat trip, but can’t find the voucher. When will we receive it? Or have We lost it?
2. We were told that We would have access to Reservations for Interval International as soon as You received the 2nd installment. Is that true?
3. Can We use Your reservations department to book Interval International hotel rooms? What are the numbers for reservations?
4. Can we see a copy of the deeds of trust of which Hutchinson & Co are the trustees?

There may be more to come…

We are off on a diving trip on the afternoon of 6th March and will be back on the 9th.

Thanks

Richard

______________

N
Nina Sangill
to Richard
Mar 9Details
Show images
Dear Richard,

Thank you very much for your email.

Did you have a good time diving?

1) The boat trip is described in the “New Owners Declaration” on page 2. The boat trip can be used once you are a fully completed member and the administration period of 45 days have passed.

2) Once you are a complete member, I will activate Interval International for you. That means you will receive a login, a book and a membership card.

3) Reservation through Interval International is done directly through their website. They also have a service number that you can contact. This will be available to you upon completion.

4) Please see the attached letter from Hutchinson.

Kind regards,

Nina Sangill
Contract Officer

___________

Richard Munisamy
to Nina
Mar 14Details
Hi Nina

Thanks for Your reply. The diving trip was very nice but unfortunately We managed to catch a cold and missed the last 3 dives. We are now back in India and very sad to have left Thailand.

We are happy that Hutchinson & Co have sorted out there AP website – it is now much more professional. Clearly for an investment 36 years, it is important to know what contingency measures are in place in the event of failure of any of the Absolute companies. For this purpose, We would like to see something more than just a certificate, or are the deeds of trust confidential? If so, what guarantees and safeguards can You give in writing?

What is most interesting to Us in Your product are the bonus weeks and bonus days. What guarantees are there that these will continue in both scope of resorts and cost of reservation?

So that We are completely clear, will You provide Interval International login details as soon as the balance is paid or only after Hutchinson have completed their admin?

Thanks

Richard

____________

Nina Sangill
to Richard
Apr 19Details
Dear Richard,

I have spoken to the managing director about this email and shown him all other correspondence and he advises that yes; my answers are correct and in line with the company procedures, rules and regulations of the purchase agreement as set out.

It is no concern of Absolute what you have or have not purchased with another company.

As per the original purchase, as per the worksheet which was submitted for a purchase of sale agreement to be issued to you to read and understand, and by you signing this purchase agreement you have agreed to purchase the product as per those terms and conditions.

The 2 products are very different and you have signed and agreed to purchase the Absolute product based on the conditions as set out in the agreement. Therefore the agreement stands and payment is expected as per the 12 months payment plan offered or as pr the payment schedule on the purchase agreement.

Kind regards,

Nina Sangill
Contract Officer

Hong Kong | London | Bangkok | Moscow | Sydney | Phuket | Barcelona | Beijing | Bali

Tel: +61-280734450 EXT 57

Tel: +66-76292543

Fax: +66-76292741

Web: http://www.AbsoluteWorld.net

Blog: AbsoluteWorldGroup
Latest: Absolute Fractionals

From: rishi.munisamy@gmail.com [mailto:rishi.munisamy@gmail.com] On Behalf Of Richard Munisamy
Sent: Friday, April 19, 2013 1:37 PM

To: Nina Sangill
Subject: RE: Absolute Ref. 71501310

**** WITHOUT PREJUDICE ****

Please confirm that You are responding on behalf of Your Directors and that this is Their final word on the matter.

On 19 Apr 2013 13:22, “Nina Sangill” wrote:

Dear Richard,

I am happy on your behalf that you are able to stay in Thailand and I hope that you are enjoying your visit.

The conditions of the contract are very clear and Absolute ensures that everything is in writing for our coming members to read through, nothing is hidden.

Absolute has entered into the Agreement with yourselves in good faith and no breach have been made.

Kind regards,

Nina Sangill
Contract Officer

Hong Kong | London | Bangkok | Moscow | Sydney | Phuket | Barcelona | Beijing | Bali

Tel: +61-280734450 EXT 57

Tel: +66-76292543

Fax: +66-76292741

Web: http://www.AbsoluteWorld.net

Blog: AbsoluteWorldGroup
Latest: Absolute Fractionals

From: rishi.munisamy@gmail.com [mailto:rishi.munisamy@gmail.com] On Behalf Of Richard Munisamy
Sent: Friday, April 19, 2013 12:57 PM
To: Richard Munisamy
Cc: Nina Sangill; geetha
Subject: Re: Absolute Ref. 71501310

*** WITHOUT PREJUDICE ***

Dear Nina

The good news is that we will probably be able to stay in Thailand. The bad news for Absolute is that We are now staying in one of the Interval International resorts. We will require compensation for the additional expense of not being able to book through Your sytem. Do You really want to go to court over this?

Richard

On Friday, April 12, 2013, Richard Munisamy wrote:

Dear Nina

Time is running out once more and We have to leave Bangkok next week.

You may be interested to know that We were called by Igor from Laguna Holiday Club yesterday, who offered the following contract:

Accommodation: 1 bed

Season: High

Frequency: 1 week every 2 years

Duration: 26 years

Price: 333,000 Baht

Terms: 12 months interest free credit

Satisfaction guarantee: Contract repurchase within first year

Memberships: RCI and Interval International

Flexibility: No restrictions on which years weeks are taken (e.g. can all be taken in year one)

Why would anyone prefer Absolute Destinations to this?

Regards

Richard

On Friday, April 12, 2013, Geetha wrote:

Dear Mr. Munisamy,

Thank you for your mail. We are awaiting Developers’ confirmation to proceed with the issue of Certificates. As soon as we receive instructions, your membership will be processed and Certificate issued.

Please revert if you require further clarifications.

Yours sincerely

Customer Services

For Hutchinson & Co. Trust Company Ltd.

Visit Our Website: http://www.hutchtrust.co.uk

E. & O.E.
The information in this email, including any attachments, is confidential and may be legally privileged. If you are not the intended recipient, you must not read, use or disseminate this information. In the event of mis-direction, please telephone the sender on +91 80 25599995.
We are not legal, tax or financial experts or advisers and we do not provide any such advice, nor make any representation that we have any expertise in these areas. Therefore this, or any other correspondence, may not be relied upon by the recipient or any third party for any such purposes.
Although this email, including any attachments, is believed to be free of any virus or other defect, which might affect any computer or IT system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Hutchinson & Co. Trust Company Limited for any loss or damage arising in any way from its use.
HUTCHINSON & CO HAS SPENT SIGNIFICANT TIME AND EFFORT TO ENSURE THAT OUR IT SYSTEMS ARE VIRUS FREE. THEREFORE, PLEASE DO NOT USE THIS EMAIL ADDRESS EXCEPT FOR LEGITIMATE BUSINESS PURPOSES.
Hutchinson & Co. (India) Pvt. Ltd., 1st Floor, Namdev Garnet, 37/7-1 Aga Abbas Ali Road, Ulsoor, Bangalore 560042, India
An associate company of Hutchinson & Co Trust Company Ltd, England

From: Dr R L Munisamy [mailto:rishi.munisamy@gmail.com]
Sent: 11 April 2013 09:26
To: geetha
Cc: Nina Sangill
Subject: Re: Absolute Ref. 71501310

Thanks very much Geetha.

___________________________

Nina Sangill
to Richard
Mar 9Details
Show images
Dear Richard,

Thank you very much for your email.

Did you have a good time diving?

1) The boat trip is described in the “New Owners Declaration” on page 2. The boat trip can be used once you are a fully completed member and the administration period of 45 days have passed.

2) Once you are a complete member, I will activate Interval International for you. That means you will receive a login, a book and a membership card.

3) Reservation through Interval International is done directly through their website. They also have a service number that you can contact. This will be available to you upon completion.

4) Please see the attached letter from Hutchinson.

Kind regards,

Nina Sangill
Contract Officer

Hong Kong | London | Bangkok | Moscow | Sydney | Phuket | Barcelona | Beijing | Bali

Tel: +66-76292543

Fax: +66-76292741

Web: http://www.AbsoluteWorld.net

Blog: AbsoluteWorldGroup
Latest: Absolute Fractionals

From: rishi.munisamy@gmail.com [mailto:rishi.munisamy@gmail.com] On Behalf Of Richard Munisamy
Sent: Tuesday, March 05, 2013 8:51 AM
To: nina@absolutemail.net
Subject: Queries

Dear Nina

As We explained, We were suffering from severe sleep deprivation when We signed up to Your programme. As a result, Our memory of the transaction is incredibly hazy. Before We complete the second installment, We require answers to a few questions. We are sure that they were answered on the day, We simply can’t remember.

1. We were promised a free boat trip, but can’t find the voucher. When will we receive it? Or have We lost it?
2. We were told that We would have access to Reservations for Interval International as soon as You received the 2nd installment. Is that true?
3. Can We use Your reservations department to book Interval International hotel rooms? What are the numbers for reservations?
4. Can we see a copy of the deeds of trust of which Hutchinson & Co are the trustees?

There may be more to come…

We are off on a diving trip on the afternoon of 6th March and will be back on the 9th.

Thanks

Richard

__________

Richard Munisamy
to Nina
Mar 14Details
Hi Nina

Thanks for Your reply. The diving trip was very nice but unfortunately We managed to catch a cold and missed the last 3 dives. We are now back in India and very sad to have left Thailand.

We are happy that Hutchinson & Co have sorted out there AP website – it is now much more professional. Clearly for an investment 36 years, it is important to know what contingency measures are in place in the event of failure of any of the Absolute companies. For this purpose, We would like to see something more than just a certificate, or are the deeds of trust confidential? If so, what guarantees and safeguards can You give in writing?

What is most interesting to Us in Your product are the bonus weeks and bonus days. What guarantees are there that these will continue in both scope of resorts and cost of reservation?

So that We are completely clear, will You provide Interval International login details as soon as the balance is paid or only after Hutchinson have completed their admin?

Thanks

Richard

On Saturday, March 9, 2013, Nina Sangill wrote:
Dear Richard,

Thank you very much for your email.

Did you have a good time diving?

1) The boat trip is described in the “New Owners Declaration” on page 2. The boat trip can be used once you are a fully completed member and the administration period of 45 days have passed.

2) Once you are a complete member, I will activate Interval International for you. That means you will receive a login, a book and a membership card.

3) Reservation through Interval International is done directly through their website. They also have a service number that you can contact. This will be available to you upon completion.

4) Please see the attached letter from Hutchinson.

Kind regards,

Nina Sangill
Contract Officer

Hong Kong | London | Bangkok | Moscow | Sydney | Phuket | Barcelona | Beijing | Bali

Tel: +66-76292543

Fax: +66-76292741

Web: http://www.AbsoluteWorld.net

Blog: AbsoluteWorldGroup
Latest: Absolute Fractionals

From: rishi.munisamy@gmail.com [mailto:rishi.munisamy@gmail.com] On Behalf Of Richard Munisamy
Sent: Tuesday, March 05, 2013 8:51 AM
To: nina@absolutemail.net
Subject: Queries

Dear Nina

As We explained, We were suffering from severe sleep deprivation when We signed up to Your programme. As a result, Our memory of the transaction is incredibly hazy. Before We complete the second installment, We require answers to a few questions. We are sure that they were answered on the day, We simply can’t remember.

1. We were promised a free boat trip, but can’t find the voucher. When will we receive it? Or have We lost it?
2. We were told that We would have access to Reservations for Interval International as soon as You received the 2nd installment. Is that true?
3. Can We use Your reservations department to book Interval International hotel rooms? What are the numbers for reservations?
4. Can we see a copy of the deeds of trust of which Hutchinson & Co are the trustees?

There may be more to come…

We are off on a diving trip on the afternoon of 6th March and will be back on the 9th.

Thanks

Richard

_____________

Nina Sangill
to Richard
Mar 16Details
Show images
Hi Richard,

Thank you for your email.

I am pleased to hear that you have had a nice diving trip and I hope that you will overcome the cold very soon.

I can unfortunately not provide you with anymore documentation, than the provided letter. You will receive your very own Ownership Certificate directly from Hutchinson, once you are a completed member. However these certificates are issued to the individual members and I can’t provide you with one, because it will have a members name on it and we guaranteed total confidentiality for our members.

However you are very welcome to contact Hutchinson’s directly to get confirmation that they are the Trustee of your membership until the year of 2049.

You are welcome to contact Geetha directly at; geetha@hutchtrust.com

The bonus days you are guaranteed free of charge for the first 3 years of your membership. After that a small fee might be applicable. The bonus weeks are a benefit to both Absolute and to our members, so I am sure that this benefit will continue. An empty unit is costing the company money, so the bonus weeks are a way of making sure that all units are being occupied and providing affordable accommodation to our members.

Kind regards,

Nina Sangill
Contract Officer

___________

Richard Munisamy
to geetha, Nina
Mar 19Details
Dear Geetha

Please find below a conversation between an Absolute agent and Ourselves. We are deciding whether to pay the balance of Our membership fees and require some additional information from Hutchinson & Co. Given that the cost of membership is significantly higher than competitors (e.g. Laguna) and must be paid up front rather than in instalments, it is important for Us to have confidence in the long term benefits.

1. Why is it not possible to have a copy of the deeds of trust?
2. Why do You take so long to issue a certificate of membership?
3. What would be Our legal standing in terms of making a claim against Absolute for withdrawal/alteration of main benefits as well as fringe benefits, such as bonus weeks and bonus days, given that the company We are contracting with has no physical assets?
4. Why, when We first looked at it, did Your AP website contain a link to what appeared to be a third rate time share operation directly competing with Absolute in Your name?
5. Are there third party organisations that regulate Yourselves and Absolute or are the courts the only avenue of redress?
6. Why do Absolute agents say that the Government of Thailand gives Them only one opportunity to make a sale when Laguna say that it is possible to restart negotiations at any time? Are Absolute agents being misleading or does Absolute have a lower status, in which case what are the risks of loss of good will from the Thai government?
7. Given the non-disclosure of Absolute accounts and Their lack of transparency, what is Your opinion of the solvency of the Companies? Is it true that They are legally required to remain debt free?
8.What contingency plans are in place in the event of failure or Your company?

Thanks

Richard

____________

Richard Munisamy
to nina, geetha
Mar 23Details
Dear Nina

How are You. We are still in India and seriously missing Phuket! We really want to come back soon but We have a small problem.

As You have probably guessed, Geetha has not responded to Our email and the deadline for paying the final instalment is fast approaching. Unfortunately, We feel the risks involved because of the uncertainties surrounding the longevity of Your company in Thailand are too great to warrant the price that We agreed. We are most concerned that future clients and sales’ targets will complain to the Tourism Authority of Thailand about one of several issues:

1. Your hard sell tactics (no time to research – immediate pickle up, no time to reflect – 60% discount only on the day, confusing and potentially misleading sales pitch with important details not disclosed – time limit on free days etc)
2. The extremely poor value of Your offering compared to the competition, ie. Laguna (even with Your 60% discount) which offers better accommodation during peak season for lower cost, allows payments to be spread over several years, provides a buy back option in the event of dissatisfaction, allows access to more timeshare swaps via RCI, etc, etc. It is difficult for You to argue that You offer more ie. bonus weeks etc because You cannot guarantee them for the duration of ownership. The difference in length of ownership is irrelevant in terms of Net Present Value with an appropriate discount rate.
3. We will think of more before the deadline is passed at which point We will feel obliged to forward this conversation to certain third parties.

We strongly recommend the following:

1. Replacing Hutchinson & Co. with a more professional Trust management company.
2. Rapidly reviewing Your sales approach.
3. Seeking the services of a consultant to improve Your business model and hence product offering.

Perhaps You have reached the conclusion that We might be able to help with recommendation 3. Please note however that, by Divine Grace, We have no need of money and hence could not work for pecuniary recompense. However, payments in kind would be considered.

You may also be feeling that it would be wise to inform Your superiors about the contents of this email without delay. We hope They have the wisdom to respond to it for mutual benefit. We would much prefer to share a cocktail with Them in Thailand than defeat Their Lawyers in Hong Kong. By the way, did You know that Mauritius now has a world-class Court of International Arbitration? http://www.mcci.org/arbitration.aspx

Regards

Richard

———- Forwarded message ———-
From: Richard Munisamy
Date: Tuesday, March 19, 2013
Subject: Absolute Ref. 71501310
To: “geetha@hutchtrust.com”
Cc: Nina Sangill

Dear Geetha

Please find below a conversation between an Absolute agent and Ourselves. We are deciding whether to pay the balance of Our membership fees and require some additional information from Hutchinson & Co. Given that the cost of membership is significantly higher than competitors (e.g. Laguna) and must be paid up front rather than in instalments, it is important for Us to have confidence in the long term benefits.

1. Why is it not possible to have a copy of the deeds of trust?
2. Why do You take so long to issue a certificate of membership?
3. What would be Our legal standing in terms of making a claim against Absolute for withdrawal/alteration of main benefits as well as fringe benefits, such as bonus weeks and bonus days, given that the company We are contracting with has no physical assets?
4. Why, when We first looked at it, did Your AP website contain a link to what appeared to be a third rate time share operation directly competing with Absolute in Your name?
5. Are there third party organisations that regulate Yourselves and Absolute or are the courts the only avenue of redress?
6. Why do Absolute agents say that the Government of Thailand gives Them only one opportunity to make a sale when Laguna say that it is possible to restart negotiations at any time? Are Absolute agents being misleading or does Absolute have a lower status, in which case what are the risks of loss of good will from the Thai government?
7. Given the non-disclosure of Absolute accounts and Their lack of transparency, what is Your opinion of the solvency of the Companies? Is it true that They are legally required to remain debt free?
8.What contingency plans are in place in the event of failure or Your company?

Thanks

Richard

———- Forwarded message ———-
From: Nina Sangill
Date: Saturday, March 16, 2013
Subject: Absolute Ref. 71501310
To: Richard Munisamy

Hi Richard,

Thank you for your email.

I am pleased to hear that you have had a nice diving trip and I hope that you will overcome the cold very soon.

I can unfortunately not provide you with anymore documentation, than the provided letter. You will receive your very own Ownership Certificate directly from Hutchinson, once you are a completed member. However these certificates are issued to the individual members and I can’t provide you with one, because it will have a members name on it and we guaranteed total confidentiality for our members.

However you are very welcome to contact Hutchinson’s directly to get confirmation that they are the Trustee of your membership until the year of 2049.

You are welcome to contact Geetha directly at; geetha@hutchtrust.com

The bonus days you are guaranteed free of charge for the first 3 years of your membership. After that a small fee might be applicable. The bonus weeks are a benefit to both Absolute and to our members, so I am sure that this benefit will continue. An empty unit is costing the company money, so the bonus weeks are a way of making sure that all units are being occupied and providing affordable accommodation to our members.

Kind regards,

Nina Sangill
Contract Officer

Hong Kong | London | Bangkok | Moscow | Sydney | Phuket | Barcelona | Beijing | Bali

Tel: +66-76292543

–
Dr Richard L Munisamy
Creative Director of We Love Mauritius

If you have difficulty replying to this email, please use this alternate address: welovemauritius@gmail.com

____________

Your kind understanding is deeply appreciated.

**** OPEN LETTER ****

Dear Secretary-General

Please refer the following to the Commonwealth Ministerial Action Group:

We are deeply concerned that the State of Mauritius has fallen into systemic violation of the Harare Declaration. Please take note of the email below (copied to the Chief Justice) to which We have still received no reply.

We apologise for the jocular language – it is an expression of Our utter frustration. The precursor to the application refered to therein can be found here.

The application was rejected by the Judge in Chambers on the basis of vice de procedure. (Click here to view what happened). We attempted to appeal to the Privy Council, but it has no Jurisdiciton in Chambers cases. We are unable to submit the main case because We cannot find an attorney to represent Us pro bono (We are a registered charitable institution funded entirely by donations). We are unable to apply in Person because of a change to the Supreme Court rules following a previous test of the judicio- political oligarchy.

Naturally, this email will appear on Our blog along with Your responses (or lack of them).

Regards

Dr Richard L Munisamy

The Application below was delivered to the Supreme Court on Monday, the Fourth Day of February 2013. (Because Jeff Lingaya’s Life was at stake, We couldn’t wait until May 4th). It had been cleared by the Master of the Court and sworn in front of the Registrar. For about an hour, Court Officers sent Our Director was sent from pillar to post and back again around the Court buildings. He didn’t see any geese, wild or otherwise, but did become sufficiently enraged to start video recording the farce. Under threat of private  prosecution  for perverting the course of justice, the Judges’ Secretaries finally accepted the Application. However, after the Judge in Chambers had considered it for some length of time, the Application was rejected it for ”vice de procédure”. Let the public give its judgement on whether or not the Judge was just.

IN THE SUPREME COURT OF MAURITIUS

(Application under Article 806 of the Code de Procedure Civile)

(Application before an Honourable Judge in Chambers)

Motion:

Respondent 2 is ordered to cease investing funds in the coal-fired power station at Pointe aux Caves until the outcome of a Judicial Review the awarding of its EIA licence.

The reasons for this are fully set forth in the attached affidavit.

AFFIDAVIT OF APPLICANT

I, Dr Richard Luke Munisamy, residing at 6 Jubilee Apartments Pointe aux Canonniers and holder of NIC M2301688204976

Make Solemn Oath and Say That:

1. The Applicant is a Not-for-Profit Enterprise incorporated in Mauritius, BRN C09085650, having Me as Her Director and Sole Shareholder. She has for objectives: the protection of the environment and the advancement of human rights and fundamental freedoms. She is supported in Her activities by over 14,000 People with whom She communicates on an as-needed basis through a facebook page managed by a team including Her Sole Shareholder.

2. On the Last Day of January 2013, We became aware, first hand, of the hunger strike being undertaken by the Co-Respondent to protest the decision of Respondent 1 to issue an EIA licence to Respondent 2. We were moved by the support He was receiving. Further, it was claimed He had attracted over 18,000 signatures petitioning Respondent 3 to, among other things, suspend the said EIA licence. Hence, We made a video of a speech made by the Co-Respondent, intending to broadcast it through Our facebook page.
3. On reflection, We began to question whether some of the Co-Respondent’s so-called supporters might be using the situation to further their own agendas. Hence, We attached to Our broadcast of the Co-Respondent’s speech, an appeal to the President to intervene. To date he appears to have done nothing, leading Us to wonder if he is out of touch with or could not care less about Our Nation.
4. On the First Day of February 2013, We became aware of Respondent 3′s refusal to intervene to suspend the said EIA licence. Moved by Our Supporters’ response to the Co-Respondent’s speech, the Applicant instructed and empowered Me to intervene as Her representative via a written Shareholder’s Resolution in lieue of a Special Shareholder’s Meeting in accordance with Section 117 of the Companies’ Act 2001.
5. Our first intervention was to seek to persuade the Co-Respondent to end his hunger strike, reassuring Him that We would ensure that Respondent 2′s project would never see the light of day. He would not be moved. Next We shared with Him Our doubts about the integrity of His so-called supporters and the possibility that they might be seeking to hasten his death. We could not shake His trust in them. Finally, We asked the Co-Respondent to make a video calling on his supporters to not react with violence in the event that his death were used to provoke riots.
6. On the Second Day of February 2013, Our concerns about the Co-Respondent’s well-being were intensified. Hence, We sought an intervention of the emergency services and proceeded to call 999 and the Emergency Response Service. To our amazement, officers manning both numbers refused to take any details and told Us to report the matter to Our local police station, which We did (Pointe aux Canonniers OB 130/13, Statement folio no. 12/505565). To date, Respondent 4 appears to have done nothing in response to Our Statement, leading Us to wonder whether he has hamstrung the Mauritian Police Force through total incompetence or in the service of an occult agenda.
7. On the Third Day of February 2013, We sought legal advice about intervening through the Courts. It was recommended that We apply for leave to apply for a Judicial Review of Respondent 1′s decision to issue the EIA licence to Respondent 2 on the basis that his decision and the process by which he reached it were irrational, in that the average person, with the pertinent facts, would have acted differently and arrived at a different decision.
8. The basis for the first assertion is that Respondent 1 did not take into account the views of the nationally recognised Maurice Ile Durable Working Group on Energy, either in person or through the publicly available report they wrote following a series of workshops held in 2011. The basis for the second assertion is that the conditions attached to the EIA licence make no mention of minimising carbon dioxide emissions.
9. To appreciate the impact of carbon dioxide emissions, it is necessary to have a moderate understanding of MODERN physics. According to the IPCC’s last report, anthropogenic changes in the composition of the atmosphere are very likely causing the planet to warm on average and the weather patterns to change. In the longer term, these pose a significant existential threat to Our Nation as confirmed in the Environment Outlook Report 2011 published by Respondent 2′s Ministry.
10. According to NASA’s climate change expert, James Hansen, in order to mitigate this threat, it will be necessary for the world to rapidly stop emitting carbon dioxide from the combustion of fossil fuels and engage in a massive programme of reforestation. Without fitting appropriate carbon capture and storage/sequestration technology, the operation of Respondent 2′s plant would seriously undermine Our efforts to persuade the rest of the world to take the necessary mitigation measures.
11. It has been argued that net carbon dioxide emissions by Mauritius are insignificant compared with those of post-industrial nations, as well as those of industrialising nations, notably India and China. Such arguments are fallacious, since the pertinent unit of measure is not national but per capita. On this basis, Mauritius is one of the worst countries in the world for its rate of increase in carbon dioxide emissions, in spite of the fact that nearly 40% of our land area is devoted to growing an energy crop. This is far greater than any other country on the planet, including Brazil and much to the prejudice of Our Nation’s food security and, due to the felling of trees, Her ancient micro-climates.
12. The theory of ecological thresholds states that potentially chaotic natural systems, such as global climate, can pass through inflexion points beyond which positive feedback can lead to runaway effects. In the worst case scenario in terms of warming, this could cause the extinction of all Life on Earth leaving Our precious planet with a hostile atmosphere similar to Venus. Because science is not able to model chaotic systems, it is impossible to know when an ecological threshold is being approached. Hence, it is possible that the relatively small contribution of carbon dioxide emissions from Respondent 2′s plant may be the straw that breaks the camels back, pushing Our planet over the precipice on a descent into Hell.
13. Hence, the precautionary principle requires that adequate carbon capture and storage technology be included in Respondent 2′s design. The fact that neither Respondent 1 nor Respondent 3 have added this to the conditions of the EIA licence leads Us to wonder whether they are completely incompetent, they could care less about future generations or they are seeking to ensure that Respondent 2′s project remains profitable at all costs. All of these contemptible and incompatible with the National Vision of Maurice Ile Durable, as given in the Green Paper of the same name.
14. The application for leave to apply for a Judicial Review will be based on these arguments and We are confident that Reason will prevail. However, We are concerned that the Life of the Co-Respondent will be lost in the mean time. Therefore, We pray to the Court to display compassion towards the Co-Respondent and move the Court to make an Order in the form of a temporary injunction restraining Respondent 2 from investing additional funds in its plant until the outcome of the Judicial Review.
15. We are confident that Respondent will not object to the above as it is beginning to see the writing on the wall. However, should it object, We strongly aver that the worth of the Life of the Respondent far outweighs any inconvenience that might be suffered by Respondent 2, especially bearing in mind the extensive delays it has already tolerated without recourse to lawful remedy.
16. It is to be hoped that the Judicial Review will be sufficiently broad to cover the actions and omissions of Respondents 1, 3 and 4, and sufficiently deep to uncover the reasons thereof. Unfortunately, given recent events, it is difficult for Us to be confident of this. For now, We issue NO warning and leave it to the Court to put its own house in order.

These mist covered mountains
Are home now for We
And so are the lowlands
And even the Sea

We promise they’ll give you
Their fields and their farms
You’ll no longer burn to avenge
Your dead sister in arms

Through the streets of destruction
Baptisms of fire
We witnessed your suffering
As the battles raged higher

And though you were hurt so bad
In fear and alarm
We left you alone there
Oh brothers in arms

We’ve created many earths
Extinguished many suns
Since you all share this world
Why live in different ones?

Now the suns burn in hell
And the moon’s riding high
We bid you farewell
Every oNe has to die

But We swear by the starlight
And the lines on your palms
Whenever you need We just call
On your Sisters in Arms

You can see from their tombstones
And the scars on their lands
It’s better to LOVE than make war
Embrace peace and shake hands

Learn how to respect and adore
Your brave sisters’ true charms
And may you find peace evermore
Safe in each other’s arms

SO MOTE IT BE!

[We are the subject and the object. You are the verb. Move Us.]

The purpose of the Mauritian Police Force is supposed to be: “To uphold the law fairly and firmly, to prevent crime and bring to justice those who break the law. To protect the community and act with common sense, integrity and sound judgement…”. In his classic allegorical novel, Animal Farm, George Orwell warns us that even the most idealistic leadership can become irredeemably corrupt over time. The surest evidence for this is when the de facto law of the land has degenerated to: “All animals are equal, but some are more equal than others.” Is Mauritius sliding down this slippery slope?

With lightning speed the police responded to the complaint Nandanee Soornack (Labour activist) made on 10th December 2012. The acccused, Yogida Sawmynaden (MSM activist), was questioned, arrested and provisionally charged with a crime that doesn’t even exist in law merely eight days later.   The farce only ended when the the Director of Public Prosecutions intervened, ruling that there was “no case to answer”. Contrast this with a complaint first lodged over two and a half ago…

[Source for photo: kotzot.com]

On 26th June 2010, Dr Richard L Munisamy made a declaration (OB732/10) to the police at Pointe aux Canonniers station accusing Mr Sahrat Dutt Lallah, CEO of Mauritius Telecom (MT), of contravening Section 29 of the Data Protection Act (DPA) 2004.

29. Unlawful disclosure of personal data
(1) Any data controller who, without lawful excuse, discloses personal data in any manner that is incompatible with the purposes for which such data has been collected shall commit an offence.

As the police appeared to be doing nothing, on 28th June 2011, Dr Munisamy lodged a complaint with the Data Protection Office. The DPO opened an inquiry “to investigate any potential unlawful disclosure of the confidential database… to an unauthorised third party, namely an active political party”. The decision of the Commissioner was delivered on 12th June 2012. It declared that “there is evidence on record to suggest that an offence may have been committed under the DPA. The matter is thus being transferred to the police for further investigation and prosecution if required.”

To date, the police still appear to be doing absolutely nothing.  This begs the question: are the police really impartial or have they become a political tool of the Labour party? If so then isn’t it time to call the pigs to account?

Vision

The quote is from the Old Testament and was written by a prophet of Israel. His people spent 40 years wandering through the wilderness because they had no map to guide them to the Promised Land and a leader who had lost God’s favour. In the 1990s, our nation developed a long term strategy – Vision 2020 – to illuminate the path to a sustainable and prosperous future. It was the responsibility of the current Governor of the Bank of Mauritius and largely completed by the end of the golden age of Sir Anerood Jugnauth. A regime change in 1995 meant that its launch was delayed and with no communication programme, it soon disappeared from the consciousness of the people.

The parallel with the Maurice Ile Durable project is noteworthy. MID has just passed its fourth birthday. The Strategy and Action Plan have still not been been published and who can recall the vision statement – the culmination of widespread public consultation? One might have understood if the Prime Minister, who proudly announced MID to the United Nations in 1998, had been ousted in the elections of 2010. But he was not. The same man who hamstrung SAJ’s Vision 2020, has overseen the demise of his own baby. It is hard to imagine Paul Berenger performing a better hatchet job.

Restraint

Other translations of the Old Testament replace “the people perish” with “the people cast off restraint”. It only takes a few powerful actors to undermine progress towards a worthwhile goal. Hence, society creates policies and laws to prevent deviants seeking their own advantage to the detriment of the rest of us. But when guiding visions become obscure, the peer pressure that prevents transgression declines. Rules are bent and then broken, officials accept bribes and even participate in dubious ventures. Self-restraint for the future, greater good is replaced by short term gain and self-interest.

Vision 2020 prioritised the preservation of our fragile lagoon by limiting the number of hotels, hence ensuring the long-term viability of the tourism sector. This was undermined by a construction boom which temporarily boosted the economy but severely dented Mauritius’ enviable image as an exclusive destination that is able to charge premium prices. If environmental protection is not perceived as a priority of the government is it surprising that citizens flout laws that prohibit littering beaches?

Vision 2020 was followed by the 2003-2023 National (land) Development Strategy (NDS) which inspired companies like Medine to produce a compatible long term master plan with a strong emphasis on social integration. As its raison d’etre was forgotten, the NDS became progressively subverted; inevitably the private sector drifted back towards a purely profit motive. For example, the integrated town at Highlands would have been a model of sustainability and given impetus to our knowledge hub. It was killed off by property owners in Port Louis, speculators in what was supposed to be Cyber City and a sugar estate commercialising prime agricultural land instead of contributing to food security.

Leadership

At his annual dinner this time last year, the Governor of the central bank called upon the leaders of the private sector to join with NGOs and pick up where Vision 2020 left off. His words fell on deaf ears. To whom will he appeal next? In April, the new government programme acknowledged that the country needs to update Vision 2020 “to provide an overarching view of development for the decades to come”. It proposed the formation of a National Strategic Transformation Commission to help create this in consultation with all stakeholders. Was any provision made in November’s budget?

Nothing unites a nation like an inspiring shared vision of what we want our country to become. Where is the leadership that will encourage us co-create it, remind us to stay on track, prepare the necessary policies and laws, and enforce them when we stray? How will future generations judge today’s Prime Minister and his MID project? What will be his legacy in comparison to his predecessors?

• Sir Seewoosagur Ramgoolam: “The Father of the Nation”.
• Sir Anerood Jugnauth: “The Father of the Economic Miracle”.
• Dr Navinchandra Ramgoolam: “The Father of Sustainable Mauritius” or “The Mother of Disappointments”?

It is not too late for him to make his mark, but does he have the courage to put principle before political ambition and sacrifice some golden calves? Otherwise we will be consigned to wandering through the wilderness and risk destroying our own Promised Land.

1. Greenpeace has given unconditional support to the UK’s proposed marine reserve around the Chagos Islands thereby condoning the illegal excision of the islands from Mauritius during decolonisation.

In its submission to the consultation process, Greenpeace stated the following: “The establishment of the full no-take marine reserve should be without prejudice to the rights of the Chagossians or the sovereignty claim of Mauritius”.

2. Greenpeace has been silent about the US base on Diego Garcia – the greatest environmental threat to the Chagos Islands – which is excluded from the marine reserve.

This is also at odds with the submission which reads: “Greenpeace is of the view that the Diego Garcia nuclear capacity military base represents a threat to the global and local environment, as well as world peace, and should be abolished.”

3. Greenpeace is complicit in using the marine reserve as a subterfuge to block the return of the Chagossians to their islands.

While Wikileaks has revealed that the UK’s intent in proposing the marine reserve was indeed nefarious, Greenpeace has been campaigning for a global network of marine reserves for many years. The UK may have committed the greatest treason by doing the right thing for the wrong reason, but how can Greenpeace renege on its mission as a result? Another quote from their submission: “The Chagossians have experienced an egregious and historic wrong for which the UK government should make full amends…Upon the return of the Chagossian people, Greenpeace would be happy to engage with them on how they can best develop small-scale, low-impact sustainable fishing practices, whilst continuing to ensure the effective protection of this globally important ecosystem.”

4. Greenpeace is campaigning to end fishing by purse-seiners, which would have a detrimental impact on Mauritius’ seafood hub.

Not long ago, purse-seiners killed countless schools of dolphins in the process of catching the most valuable tuna which like to swim beneath them. Greenpeace successfully fought against this practice and consumers were educated to buy only dolphin safe tuna. Now it is campaigning against the use of fish aggregation devices (FADS) which massively increase the by-catch of endangered species like sharks, rays and turtles. It targeted one of the worst offenders, Mauritius-based, but Japanese owned, Princes. As a result Princes issued a sustainability statement declaring that it is “aiming to purchase tuna from pole and line and FAD-free sources by the end of 2014″. Intriguingly it adds that Princes will give “financial support of a feasibility study for the creation of a marine reserve around lagoons off the coast of Mauritius”. Perhaps Greenpeace wants to see how this is progressing?

Hypocrisy

Greenpeace may be accused of hypocrisy in recent years by emphasising “green” to the detriment of “peace”, campaigning more for environmental protection than against military injustice. However, a little research reveals that our government’s charges against it have no basis in fact. Indeed, one might be justified in accusing our own leaders of hypocrisy. The only reason the Chagos islands were excised from Mauritius was for the US to have a military base there. How often does our government demand that it be closed? When was the last time it denied a US warship, undoubtedly en route to or from Diego Garcia, entry to Port Louis?

When BBC film-makers produced a documentary on Mauritius last year, local oceanographer Vassen Kauppaymuthoo had them record the plight of the remaining Chagossian refugees, further raising awareness in the UK. Surely it would make sense for Greenpeace activists to meet them too? Perhaps they might even be aroused to campaign on their behalf. Conversely, the BBC were denied access to the fishing port. If there are no secrets to hide, why the lack of openness and transparency?

Inspiration

We say we wish our youth were more motivated to protect the environment. What better way to inspire them than by encounters with role models who have dedicated their lives to this goal? Greenpeace has a formidable record of campaign victories such as ending nuclear weapons tests, preventing commercial whaling and outlawing the dumping of radioactive waste at sea. Perhaps this spirit might rub off on our younger generation. Or is this what the government is really afraid of?

Future demand

Recently, peak demand for electricity reached 410MW – an increase of 90MW in 10 years, but 74MW less than the CEB was predicting in 2003. This has avoided the necessity of adding the equivalent of three quarters of CT Power’s 100MW capacity. Clearly the best option for generating electricity is not needing to in the first place. Can we do that?

Industry uses almost a third of the electricity we produce but pays only half the price charged to other consumers. Hence, it has little motivation to reduce consumption. Government loans could help stimulate investment in efficiency with costs recovered through higher prices, while keeping bills constant.  Similar incentives could help families purchase more efficient appliances, while retro-fitting buildings to lower their energy use would also create a plethora of “green jobs”. Surely it makes more sense to invest in saving electricity than producing more of it?

Coal power-stations last at least 30 years. It is difficult to predict how life will be so far into the future, but current trends can point the way. Many of today’s “zero-emission” buildings generate their own electricity using solar panels and store it until needed. If all buildings did this, demand for centralised electricity production would decrease significantly. Can we imagine this happening by 2040?

“BLACKOUTS!” This is the threat that some quarters are using to argue the case for more coal-fired electricity production, i.e. CT Power. Environmentalists and local residents are protesting against this but have yet to present viable alternatives. What is the real situation and do we have other options?

Future demand

Recently, peak demand for electricity reached 410MW – an increase of 90MW in 10 years, but 74MW less than the CEB was predicting in 2003. This has avoided the necessity of adding the equivalent of three quarters of CT Power’s 100MW capacity. Clearly the best option for generating electricity is not needing to in the first place. Can we do that?

Industry uses almost a third of the electricity we produce but pays only half the price charged to other consumers. Hence, it has little motivation to reduce consumption. Government loans could help stimulate investment in efficiency with costs recovered through higher electricity prices, while keeping bills constant.  Similar incentives could help families purchase more efficient appliances; while retro-fitting buildings to lower their energy use would also create a plethora of “green jobs”. Surely it makes more sense to invest in saving electricity than producing more of it?

Coal power-stations last at least 30 years. It is difficult to predict how life will be so far into the future, but current trends can point the way. Many of today’s “zero-emission” buildings generate their own electricity using solar panels and store it until needed. If most buildings did this, demand for centralised electricity production would decrease significantly. Can we imagine this happening by 2040?

Blackouts

Even the most sophisticated power-stations break down, causing an instantaneous drop in generation. Electricity supply must always equal demand so, if replacements cannot be added quickly enough, parts of the grid must be disconnected to restore balance – resulting in regional blackouts. The CEB has a gas turbine on standby to help protect against this. It can reach full power quickly but is very expensive to operate and maintain. Incidentally, this is a hidden cost that the private sector’s power-stations don’t pay for, it is borne by the CEB and passed on to consumers.

In other words, blackouts are not caused by a lack of capacity, but by our reliance on large power-stations that can stop without warning. In the UK, the largest installation is about 2% of peak demand, but in Mauritius, CT Power would be over 20% – and larger than the gas turbine. Hence, the proposed coal power-station might actually increase the risk of blackouts, not reduce them. Would it not be much better to have a large number of relatively small units than a small number of large ones? While they would still breakdown, their impact on the system would be significantly less. Unfortunately, coal power-stations do not come in small sizes.

Flexibility

Demand for electricity fluctuates throughout the day and coal and bagasse power-stations are not flexible enough to keep up with the changes. Hence, even if CT Power is constructed, the CEB will still need to operate its expensive oil/diesel-based units, particularly during the day time. The CEB’s approach to small power producers, such as the 2MW biogas unit at Mare Chicose landfill, is to accept whatever electricity they produce. However, it could be switched on and off instantly at the CEB’s request.

If 25 such power stations were managed collectively as a single unit, the CEB would have at its disposal 50MW of very flexible capacity for which it could afford to pay premium prices, as happens in the UK. This flexibility could also allow the integration of more wind turbines, whose output fluctuates with the weather and hence, on their own, are not a viable alternative to CT Power.

Biogas

As well as Mare Chicose landfill, we are also generating electricity from biogas at St Martin water treatment plant and a unit at a diary farm is planned. It can also be produced from our green waste – simply by converting it into compost in sealed tanks rather than the open air. The largest potential source is the 10,000 hectares of abandoned sugar cane fields which could be planted with high yield crops.

Sustainability

There are two well established, viable alternatives to coal. Both reduce our dependence on imported fossil fuels and hence our greenhouse gas emissions. They are perfectly compatible with the government’s MID project, so why aren’t they being seriously considered? Perhaps those saying “NO! to coal” should add “YES! to efficiency and biogas”…

Incongruence

In 2011, the import duty on cars was modified slightly to encourage the purchase of vehicles with lower CO2 emissions. While the incentive is probably too small in practice to create the needed change, it is helping to embed the mindset that our increasing production of greenhouse gases is a bad thing. Unfortunately this has had no impact on our decision-makers when it comes to electricity production. For them, CO2 emissions are irrelevant because the predominant factors are cost and security of supply. Coal then has a clear advantage over petroleum products, making collateral damage of electric vehicles as their effective CO2 emissions from coal-fired electricity exceed those of a speeding Aston Martin.

Surely if there are concerns about the future cost and security of supply of fuels for electricity production then are not these concerns relevant for transport too? China is well aware of this and with most of its new electricity production being coal-fired, it is also subsidising an electric car industry to reduce its dependence on imported petroleum products. Conversely, in the EU, where there is greater concern about CO2 emissions, over 70% of new electricity capacity in 2011 came from zero emission renewable sources. Consistent with this, most European nations are providing direct subsidies for the purchase of electric vehicles.

Low emission transport

If Mauritius is really concerned about reducing CO2 emissions from vehicles then why is it not promoting alternative fuels? Brazil has long had laws and incentives to promote vehicles that can use a variable mix of petrol and ethanol. How many such flexi-fuel cars do we have on our streets despite significant ethanol production capacity? This assumes of course that ethanol distillation uses waste heat rather than directly burning coal. Even if bagasse is used, this simply means that coal will have to replace it for electricity production.

What about green citizens who are willing to install their own wind turbines and solar panels to charge their electric vehicles? Or those who are prepared to only use them during the sugar cropping season when coal is largely replaced by bagasse for producing electricity? Should they be penalised because the average CO2 emissions for electricity production is relatively high in our country through no fault of their own?

The other green leaf

Is it possible to improve our electricity production to both increase our security of supply and reduce emissions? We could and should follow Europe by installing more capacity based on renewable energy, initially concentrating on wind turbines until the price of solar panels declines and they become more competitive. We are told that there is a relatively low limit to what our electricity network can cope with because both wind and sunshine are variable resources. These are the same voices who are advocating for more coal which, compared to the CEB’s more flexible oil-fired generators will lower that limit further.

There is a simple solution. We can grow a high yield energy crop like Giant King Grass on abandoned sugarcane fields and convert it into synthetic diesel for the CEB’s generators or methane gas for even more flexible electricity production. With an indigenous source of low emission energy, the promotion of electric vehicles makes incontrovertible sense. It will take time to change the preferences of the population, but without incentives, which car dealers will take the risk of importing future electric vehicles into the country?

The decision-makers for electricity generation and those who influence us to make better choices about transport seem stuck on different, highly inconsistent pages. Is it not time they reached consensus and turned over a new leaf?