Business and Economic Commentary by Christopher Ram Part 11

September 21, 2024

The deadweight of bureaucracy

The bureaucracy in Guyana can at times – and in different places – be stifling, overbearing, frustrating and totally unproductive. No place is spared as I recently learnt in an indirect encounter with the Guyana Police Force, concerning a recommendation to an individual who was applying for a firearm licence. It was with a mixture of amusement and bewilderment that I was requested to produce both a Tax Compliance Certificate and an NIS Compliance. I should have asked  whether the latter was for me as an employer or an NIS pensioner, or the relevance of my tax compliance to my recommendation!

This episode reminded me of two Letters to the Editor last year complaining about the processes in both arms of the Deeds and Commercial Registry last year. What appears to be happening is that arbitrary rules are put into use not only with little or no statutory authority or rationale by persons who see systems from only one side of the counter. Most of them have no experience in the private sector and have not had to be on the other side – except trying to open a bank account, which is itself a nightmare.

In the case of the Commercial Registry the issue was about a declaration of the ultimate ownership of companies by individuals controlling 25% or more of the issued shares in a company. What the Registry was requesting was a statement that includes every shareholder, information that is completely useless and which in any case is supplied with the Annual Return which must be made by every company. It took the intervention of the Attorney General to have the requirement set aside.

More recently, a request for a Tax Compliance Certificate for a property owner wishing to sell his property was met with a request for the buyer to produce a Taxpayer Identification Number. Worse, since the buyer was a company, the officer of the GRA insisted that a TIN was required for each of the directors. When I pointed out that directors can change at any time, the overenthusiastic officer said that the GRA would have to be notified on each occasion! Again, and to his credit, the Commissioner General addressed and resolved the issue immediately.

Then there is the case where an application for a Work Permit on behalf of a company was made to the Ministry of Home Affairs for an expatriate. The Ministry’s immediate response was that in order to process the application, they required copies of GRA and NIS compliance certificates for both the employer and the employee. They seem unaware that part of the wider process, the GRA has to be satisfied that the tax laws are complied with. The Ministry it seems is totally unmindful that requesting superfluous, unnecessary add cost, not value.

Then there is the NIS which is expected to deliver from a system which has been historically defective and deficient. The number of new employees has increased significantly but with no corresponding increase in human, physical or technological resources. There is indeed significant bureaucracy which the Government and the Scheme’s Administration seem unwilling to do anything about. Lots of the frustration which the public experience is derived from old, outdated laws, inadequate processes and a Board that seems incapable of appreciating the frustrations of the public.

I am not targeting these entities but only using examples of which I have personal experience. No doubt, others have similar experiences with other agencies, and it would be interesting to learn about these and how the public cope with and overcome them. And it would be unfair to suggest that the staff at these entities are unsympathetic or unhelpful. In fact, while some of them exploit the bureaucracy for less than honourable ends, there are others who are themselves hobbled by the bureaucracy.

As the country continues its unprecedented growth across all sectors, regions, agencies and activities, administrative reform and the elimination of bureaucracy is an absolute necessity. The path forward demands not just technical solutions but a fundamental shift in governmental culture to a results-based solution. I have conveyed my experiences and frustration to persons in authority but have met with another problem – inertia, at the political level. Of course, a process and culture which was birthed under colonialism will not be easy to root out and any solution requires a paradigm shift – an examination of the nature and purpose of systems and controls which are sometimes conflated with bureaucracy.

I have suggested the establishment of a dedicated Task Force under the aegis of the Minister of Business, or the Minister of Public Service, charged with the systematic identification and elimination of processes that serve no purpose beyond their own perpetuation. This Task Force should have terms of reference, timelines and be representative of key stakeholders without being too cumbersome.

The challenge is formidable, requiring a confrontation with inertia and entrenched interests, thus requiring courage and authority. It is hard not to be cynical whether those in authority are willing to break free from the tyranny of bureaucracy for bureaucracy’s sake. Fortunately, responsibility for the public service falls under the President himself. He has at his command the resources including the advisers, ministers, consultants and staff to lift the deadweight of bureaucracy hanging over and impeding an efficient public service.

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