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Debate begins in Jamaica on Land-titling System reform

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#KINGSTON, April 22 (JIS):    The House of Representatives on Tuesday (April 21) began debate on the Registration of Titles (Amendment) Act, 2020, which is aimed at reforming Jamaica’s land-titling system.

In his opening remarks, Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Hon. Daryl Vaz, said the reform is necessary due to the large number of persons occupying land whose names are not on the titles, sometimes for generations; and the need to modernise, as well as enhance administrative structures to simplify processes and reduce costs.

He further noted that the desired outcomes include increased security of tenure and a more efficient and systematic land-titling system.

            “Consequently, the Bill seeks to give effect to the policy decision for implementation of an adjudication-centric and driven process for proving the ownership of land and the separation of the processes of planning and subdivision approval from the issuing of titles, under the Registration of Titles Cadastral Mapping and Tenure Clarification (Special Provisions) Act,” Mr. Vaz said.

            Other outcomes include consequentially amending the Limitation of Actions Act to provide that, where boundaries are adjudicated upon and pursuant to a systematic registration process, are deemed to be acquiesced, notwithstanding any enactment to the contrary and provided the parties do not object to same.

            Regarding sections of the Bill, Clause three seeks to amend Section 15 of the Act by inserting paragraph (d), which empowers the Registrar of Titles (hereinafter “Registrar”) to lodge caveats for: the protection of Trusts; and the protection of a charge for outstanding property taxes that may be applicable to any land that is the subject of the proposed section 28A (1) (b).

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“The lands, subject to section 28A(1)(b), are those that the applications for registered titles were reviewed by an Adjudication Committee, which issued an Adjudication Certificate under the Registration of Titles Cadastral Mapping and Tenure Clarification (Special Provisions) Act,” Mr. Vaz said.

In addition, clause four seeks to insert Sections 28A and 28B in the Act. Mr. Vaz said the proposed Section 28A(1) seeks to provide for applications to be made to obtain registered titles without reference to the Referee of Titles where a Certificate of Compliance is issued under the Facilities for Titles Act and the applicant or his personal representative is named in the said Certificate of Compliance; an Adjudication Certificate is issued [under the] Registration of Titles Cadastral Mapping and Tenure Clarification (Special Provisions) Act by the Director of Adjudication Services or the Adjudication Committee directing that the Registrar of Titles shall issue an absolute or qualified title; and pursuant to a Court Order under which the court has determined ownership.

Clause 10 of the Bill seeks to amend Section 178 of the Act. The effect of this amendment is to increase the maximum value of the monetary penalty for offences under the Act.

Mr. Vaz said the proposed amendment empowers the Parish Court to impose on a convicted offender a fine of up to $1 million instead of the existing maximum of $1,000.

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The proposed amendment also prescribes a term of imprisonment of up to six months in default of the payment of the fine, and prescribes that any certificate of title, entry, erasure or alteration so procured or made by fraud shall be void as against all parties or persons privy to such fraud.

Meanwhile, debate also started on the companion legislation, entitled, Registration of Titles Cadastral Mapping and Tenure Clarification (Special Provisions) (Amendment) Act, 2020.

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Land-titling System…3

The Bill seeks to give effect to the policy decision to provide for the full operations of the Land Administration and Management Programme processes, including the adjudication processes to fall under the responsibility of the Chief Executive Officer of the National Land Agency, and amend the Registration of Titles Cadastral Mapping and Tenure Clarification (Special Provisions) Regulations to give effect to the changes that will be made to the Act.

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CARPHA Progresses to Eligibility for the First Disbursement of Pandemic Funding

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Following a landmark Public Signing Ceremony for the Pandemic Fund (PF) Technical Cooperation Agreement (“Reducing the Public Health Impact of Pandemics in the Caribbean through Prevention, Preparedness, and Response” [RG-T4387] Project) on December 14, 2023, in Trinidad, the Caribbean Public Health Agency (CARPHA) and the Inter-American Development Bank (IDB) continues to progress towards the start of implementation.

 CARPHA fulfilled the IDB’s nine conditions prior to first disbursement, achieving full eligibility on March 15, 2024, and is now eligible for the first disbursement. This milestone achievement in just 3 months after the signing speaks to the commitment of both CARPHA, the Executing Agency, and IDB, the Implementing Entity, toward the regional PF project with the objective of supporting the reduction of the public health impact of pandemics in the Caribbean by building pandemic prevention, preparedness and response (PPR) surveillance & early-warning systems (EWS), laboratory systems and workforce capacity, regionally at CARPHA and in countries.

Since the signing of the Technical Cooperation Agreement and as part of the conditions prior to first disbursement, CARPHA has achieved the following key outputs (i) the development of the PF Project Operations Manual, Multi-annual Execution Plan, Procurement Plan, Financial Plan, Procedure for CARPHA’s Financial Reporting System; (ii) vacancy announcements for two tranches of consultants with the subsequent hiring of five (Technical Coordinator, Financial Specialist, Procurement Specialist, Operations Officer and Project Operations Coordinator) and (iii) the establishment of the Project Execution Unit (PEU) and Project Execution Steering Committee (PESC). The dedicated PEU will be responsible for execution according to its planned timelines, which will be led by the Dr. Lisa Indar, the Project Director (CARPHA’s Director of Surveillance, Disease Prevention and Control Division).

 CARPHA, as the lead regional public health agency and an expression of Caribbean Cooperation in Health is mandated by its Inter-Governmental Agreement (IGA) to support its 26 CARPHA Member States (CMS) in bolstering national systems and coordinating regional response to public health threats. The Agency works closely with regional and international agencies and uses regional mechanisms, surveillance systems, and networks for coordinating its public health response work.

In July 2023, the PF Governing Board announced that CARPHA’s regional entity proposal, entitled ‘Reducing the Public Health Impact of Pandemics in the Caribbean through Strengthened Integrated Early Warning Surveillance, Laboratory Systems and Workforce Development’ was successfully selected for the first round of financing. It was one of only 19 proposals selected from over 300 submissions and the only regional project. The three priority areas in the proposal are: (i) Comprehensive disease surveillance and EWS, (ii) Laboratory systems and (iii) Human resources and public health and community workforce capacity.

This project is expected to begin implementation in March 2024, starting off with a blended onboarding session. A Stakeholder Meeting with countries is tentatively planned for July 2024.

CARPHA remains dedicated to working together with the IDB, CARPHA Member States and the Pandemic Fund to successfully implement the regional proposal geared toward reducing the public health impact of pandemics in the Caribbean.

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Caribbean News

Men who had Murdered Man, Marley Higgs’ cell phone face Court

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Wilkie Arthur

Freelance Court Correspondent

The prosecution intends to try two young North Caicos men, both age 21 for the offense of possession of property of a murdered man, property that was stolen and landed in their possession.

The phone belonged to Peureton ‘Marley’ Higgs, who is believed to have been an innocent gunned down at his apartment complex in the Glass Shack area in a spray of bullets on February 2 that killed another man and wounded two others, including a ten-year-old little girl.

The cell phone was described as white in colour, an iPhone, in a hard black case. 

On Monday, March 18th, JEFFVANO HANDFIELD of North Caicos pleaded not guilty to the offense, and the matter was adjourned to April 2024. He was granted bail in the matter.

A second North Caicos man was charged similarly.  

SARENO CAPELLAN aka, Kino Williams is the second individual brought before the court pertaining to the said cellphone. He appeared in court a week after JEFFVANO HANDFIELD, the date being Monday March 25th 2024.

The case for the Crown is that both men sometime in February of this year possessed the cellphone knowing or suspecting it to be stolen property.

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Caribbean News

Supreme Court Closed for Easter

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NOTICE is hereby given that the Easter Recess shall commence on Friday 29th April, 2024 and end on Friday 5th April, 2024. During the Easter Recess Judge Selochan will be available to deal only with matters that are urgent or require prompt attention.

Court Business During the Easter Recess

A person who wishes to have a matter heard during the recess must file a certificate of urgency along with an affidavit, which must set out the reasons why the matter is urgent or requires prompt attention. The matter will not be listed during the recess unless the Judge deems it fit for urgent hearing.

Opening Hours During the Easter Holiday

The Supreme Court’s last sitting day for the first term is Thursday 28th March, 2024. The Court will officially resume sittings on Monday 8th April, 2024. The Supreme Court Offices in both Grand Turk and Providenciales will continue to operate while the Court is not sitting during the recess.

The Court Office will be closed on the following public holidays:

  • Friday 29th March, 2024 (Good Friday) CLOSED
  • Monday 1st April, 2024 (Easter Monday) CLOSED

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