#GrandTurk, Turks and Caicos Islands — Thursday, 20th February 2020 Ensuring there is a vibrant Judiciary that not only dispenses justice, but provides balance to the Executive, is an essential element of democratic law-abiding society.
I’m announcing today
three new judicial appointments: the next Chief Justice, a second Judge and the
appointment of a new Chief Magistrate for the Turks and Caicos Islands. Over the next month or so I’ll be announcing
further judicial appointments linked to the Appeal Court.
In keeping the public
informed, let me start by saying something about the process as well as the
result.
In making judicial
decisions the Governor is not alone. He has outstanding counsel. He makes his
decision based on the advice of the Judicial Service Commission; a group of three
very senior and experienced Judges.
H.E. Nigel Dakin, Governor of the Turks and Caicos Islands
The Commission who
advise the Governor are: Justice Sir Michael Barnett, a former Chief Justice of
the Bahamas and now a Judge on the Appeal Court of the Bahamas. Justice Hilary
Philips, President of the Court of Appeal of Jamaica and Justice Zaila McCalla
a former Chief Justice of Jamaica.
It is the JSC who
sift the applicants and then choose which applicants they will interview. It is
the JSC, and not the Governor, who conducts the interviews. Using the role of
Chief Justice as an example the role was advertised internationally, not just
regionally, and the JSC received a very strong field of applications.
From this field the
JSC chose to interview seven candidates. They don’t ask the Governor’s views on
individual candidates either before the sift or before the interview. They did
consult with the President of the local Bar and they did canvass individuals to
see if there was interest from members of the senior Bar in TCI; no local
candidates chose to put themselves forward this time for the role of Chief
Justice.
The JSC also
canvassed the Governor’s view, not in terms of named candidates but any special
requirements the Governor might identify.
I said that beyond being an excellent Jurist, and having an independent
spirit, TCI needed a Chief Justice with the energy and experience of taking
through change in the Justice Sector.
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The blue print for
that change has been crafted by our outgoing Chief Justice with significant
support from those in the wider criminal justice stakeholder group. As a result, all those interviewed were
provided with a copy of the Strategy and interviews included questions about
approach and implementation.
With regard to the appointments I am now announcing, I have acted on the advice of the JSC, not only in terms of the appointment of a successful named individual, but also in terms of the type of contract that underpins the appointment.
The Islands new Chief Justice will be Mrs Justice Mabel Agyemang.
New Chief Justice of the Turks and Caicos Islands Mabel Agyemang of Ghana
Justice
Agyemang has worked as a Superior Court Judge in three Commonwealth
Jurisdictions. At present she is a Justice of the Court of Appeal in Ghana.
She is a product of the University of Ghana and the Ghana School of Law, she was in private legal practice from 1987 to 1991 when she joined the Judiciary of Ghana. In 2002, she was appointed a High Court Judge.
From
2004 to 2014 she was seconded to the Commonwealth Secretariat as an expert to
the Judiciaries of The Gambia and Swaziland where she worked as a High Court
Judge. She was then appointed an expert Judge of The Gambia Court of Appeal.
From 2013 to 2014 she was the Chief Justice of The Gambia. She took up her present role in 2015.
It is worth saying
something about her departure from her role in the Gambia. This is a badge of
significant honour. She stood up to an autocrat – one of Africa’s most
notorious strongmen – Yahya Jammeh – whose 22-year rule only ended in
2017. Through integrity and courage, she
attempted to protect the Judiciary from an overarching executive.
It’s probably best I
give, as but one example, evidence provided by the Bar Council in the
Gambia.
Justice Agyemang was
elevated to the position of Chief Justice, a very difficult position to hold in
an autocratic regime. The Bar welcomed her appointment as we strongly believed
in her independence and capacity to steer the justice system. During her tenure
as Chief Justice,
she had firm control of the judiciary, as well as the support of the judges,
the Bar Association and the judicial staff. She instilled a culture of
discipline and professionalism in the Judiciary. The attitude to work by
judicial officers dramatically changed, and they became more professional and
effective. Punctuality was expected of everyone and she led by example. She
introduced reforms to ensure access to justice to litigants and to minimize the
unnecessary delays in the dispensation of justice. She initiated the amendment
of the Rules of Court to ensure expeditious determination of cases. She was a
driver of innovation and reform, introducing ICT solutions to Judges for case
law research amongst other things.
It was
regrettable that despite her excellent and successful tenure, the President at
the time unlawfully terminated her services to the dismay and disappointment of
the entire legal fraternity. At that period of the time, the then autocratic
President was doing everything possible to control the Judiciary. Indeed, the
departure of Justice Mabel Agyemang was sorely felt, as she left an
indelible mark in our judicial sector.
The
new Chief Justice herself asked the JSC that she be employed on a three-year
contract and that was the JSC’s recommendation to me, which I have accepted.
The Islands new Puisne Judge will be Ms Tanya
Lobban-Jackson.
Former Chief Magistrate, Tanya Lobban-Jackson is now a judge in TCI
Ms
Tanya Lobban-Jackson has been the extremely effective Chief Magistrate of the
Turks and Caicos Islands. The Magistrates Courts, where the vast majority of
cases are heard have had conviction rates of 80% that mirror the UK’s and they
have a reputation for efficiency.
Ms
Lobban-Jackson was appointed to the post of Chief Magistrate of the Turks and
Caicos Islands in August of 2016. In that post she was ex officio Coroner and Mutual Legal Assistance Treaty Authority.
Prior
to being appointed to the Magistracy, Ms. Lobban-Jackson was a Senior
Prosecutor in Jamaica and Senior Crown Counsel in the Cayman Islands gaining
eighteen years’ experience in advocacy in the Magistrate’s Court, Supreme Court
and Court of Appeal.
Trained
in the areas of Child Safeguarding, Human Trafficking, Money Laundering, and
Case Management; she was first appointed to act as Puisne Judge of the Supreme
Court of the Turks and Caicos Islands in December of 2018 and has done so
periodically since then.
Ms Lobban-Jackson as
Chief Magistrate alongside her now colleague Mr Justice Aziz, who remains with
us in TCI, have both been instrumental in building a consensus in the TCI
Judiciary that has resulted in the strategy that the new Chief Justice will
drive forward.
The
JSC’s recommendation was that Ms Lobban-Jackson should be appointed with tenure
until she reach’s the age of constitutional retirement. A recommendation that I have
accepted.
Mr Jolyon Hatmin will be the next Chief Magistrate of TCI.
New Chief Magistrate in TCI judiciary, Jolyon Hatmin
Mr Hatmin was
appointed Resident Magistrate in the Turks and Caicos Islands in 2012. Prior to this he was the Managing Attorney of
the Legal Aid Authority in his native Guyana, representing clients at the civil
and criminal bar. He also worked as a Legal Advisor to the Guyana Sugar
Corporation and was a public prosecutor for several years. He was first
admitted to the Bar in 2000.
Mr Hatmin has built a
reputation for sound judgements in his role as a Magistrate and his promotion
will also allow him a seat at the senior stake-holders group that will take
forward reform of the Justice sector and is to be welcomed.
In Summary: We
will have in TCI a reforming Chief Justice, a Chief Justice who has won the
respect of the Bar and Bench in multiple Commonwealth jurisdictions, a Chief
Justice highly regarded by the Commonwealth Secretariat, and a Chief Justice
who stood up for the Judiciary against an extremely powerful autocratic
Executive.
Working with
her we will have two excellent Judges, Justice Aziz and Justice Lobban-Jackson
who have been instrumental in building the strategy that our new Chief Justice
will take forward. The appointment of Mr. Hatmin as Chief Magistrate – and the
elevation of Justice Lobban-Jackson -should reassure TCI that a drive for
improvement, through change, will not be at the expense of continuity.
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What Premier Charles Washington Misick says the proposed constitutional reforms are—and are not.
FACT 1: The proposed amendments are not intended to extend the life of Parliament.
According to Premier Misick, his Government did not request longer parliamentary terms and has not sought constitutional changes to keep itself in office beyond the existing electoral cycle.
FACT 2: Cabinet expansion is about governing capacity, not political power.
The Premier says the proposed increase in the number of ministers reflects the growing responsibilities of Government and is intended to improve administration rather than create political advantage.
FACT 3: The Government wants greater local responsibility.
Misick says the constitutional proposals are designed to strengthen the Turks and Caicos Islands’ ability to govern its own affairs while maintaining its constitutional relationship with the United Kingdom.
FACT 4: The Constitution should not become a political weapon.
The Premier argues constitutional reform should be approached as a national issue that outlives individual governments and political parties.
Include his strongest quote on this point.
FACT 5: The Commission process involved consultation.
According to the Premier, the constitutional proposals emerged through discussions with the Constitutional Review Commission and engagement with stakeholders before being presented to the United Kingdom.
Insert his supporting quote.
FACT 6: Government is seeking better governance, not fewer checks and balances.
The Premier maintains the reforms are intended to improve decision-making, accountability and the effectiveness of Government.
Insert his supporting quote.
FACT 7: The Premier says some proposals now being criticized were previously supported.
Misick contends that several constitutional recommendations now under attack had earlier received support across the political spectrum.
Insert the relevant quotation.
FACT 8: The goal is a modern Constitution.
The Premier says the reforms are intended to modernize the Turks and Caicos Islands’ governance framework to better reflect today’s realities and future development.
Insert his closing quotation.
Editor’s Note
This Fact Report summarizes Premier Charles Washington Misick’s explanation of the proposed constitutional amendments as presented in the House of Assembly on July 31, 2026. It reflects the Premier’s stated positions and is intended to help readers understand the Government’s rationale. Responses from the Opposition and other stakeholders will be presented separately.
Premier says people deserve the full story as he lays out the cost of the InterHealth Canada concession and Government’s plan to reclaim public control
By Deandrea Hamilton | Editor
Turks and Caicos, August 4, 2026 – PROVIDENCIALES, Turks and Caicos Islands — Saying the public deserved to hear the whole story, Premier Charles Washington Misick laid bare the InterHealth Canada debacle, revealing that more than $827 million has been paid by the people of the Turks and Caicos Islands under the hospital concession while insisting, “the contract is the problem, not the hospitals.”
Delivering what he described as “a full and frank account” to the House of Assembly on July 31, the Premier said the people “deserve honesty. They deserve to understand how we arrived at this moment, what it has cost them, and what this Government is doing about it.” He acknowledged that the opening of modern hospitals in Providenciales and Grand Turk marked “a genuine step forward for healthcare,” but argued that the agreement supporting them was fundamentally flawed.
“The hospitals themselves are an asset. The contract under which they are operated has become an unsustainable burden.”
Turning to the origins of the agreement, Misick relied heavily on the findings of the Commission of Inquiry led by Sir Robin Auld, saying the public must understand why the dispute has become so costly.
“There was no competitive tender. The construction contract was awarded to a company linked to the same ultimate beneficial owner as InterHealth Canada itself — creating, in the Commission’s own words, a closed commercial loop in which public money flowed from the government to one entity and back to the same private interest through another. The Commission found this constituted an unacceptable conflict of interest.”
He continued:
“Those findings had consequences that extended far beyond this project. They contributed directly to the suspension of our Constitution and the imposition of direct rule from London in 2009.”
The Premier said he was not revisiting the history to assign blame but because “the House and the public must understand the nature of the problem we inherited — and why the structural flaws embedded in this agreement from the very beginning have proven so difficult and so costly to resolve.”
Misick also outlined what he described as the staggering financial burden now carried by taxpayers.
“Between 2016 and 2025, this Territory spent $827.8 million on public healthcare. Today, healthcare consumes more than 32 percent of all government expenditure and 8.1 percent of our GDP.”
He argued the concession’s payment model is largely responsible for those costs.
“The operator was reimbursed for its actual costs, plus a fixed margin… That is not a sustainable model for any healthcare system. And it is a central reason why the cost of this arrangement has grown to the levels we are now confronting.”
Looking ahead, the Premier said the Government’s focus is not only on resolving the current concession but also on preventing small island states from facing similar legal and financial burdens in the future.
“We will engage the United Kingdom Government… We will work through CARICOM and the Commonwealth to advocate for reform of international arbitration — to introduce procedural flexibility, development-sensitive interpretation, and affordability safeguards that protect small states from the disproportionate burden that the current system imposes.”
He closed by reaffirming his Government’s objective:
“This Government will resolve the concession. It will reclaim the hospitals. And it will build a healthcare system worthy of the trust that our people place in it.”
Misick details legal losses, mounting healthcare costs and Government’s plan to move beyond the InterHealth concession
By Deandrea Hamilton | Editor
Speaking during the House of Assembly on Friday, July 31, Premier Washington Misick delivered what he described as a “full and frank account” of the Government’s long-running dispute with InterHealth Canada, revealing that litigation surrounding the hospital concession has already cost the Turks and Caicos Islands approximately $39.7 million and confirming that another arbitration remains before the tribunal.
“The people deserve honesty,” Misick told the House. “They deserve to understand how we arrived at this moment and what it has cost them and what this Government is doing about it.”
The Premier said he intends to table a detailed paper outlining the history of the hospital agreement, the financial figures and the legal decisions that have shaped the dispute.
“I think we owe it to the public to be transparent at all times,” he said. “At the end of the day, they are the ones who are paying for these things.”
Misick stressed that the hospitals themselves have transformed healthcare in the Turks and Caicos Islands, but argued the concession agreement underpinning them has proven financially and legally unsustainable.
“The hospitals themselves are an asset. The contract on which they operate has become unsustainable.”
Tracing the agreement back to 2008, the Premier said findings by the Commission of Inquiry highlighted the absence of a competitive tender process and identified conflicts of interest that, he argued, contributed to the structural weaknesses of the contract.
“I do not rehearse this history to apportion blame across party lines,” Misick said. “I raise it because the House and the public must understand the nature of the problem we inherited and why the structural flaws embedded in this agreement from the very beginning have proven so difficult and so costly to resolve.”
He explained that the concession created separate responsibilities for infrastructure management and clinical services, making accountability difficult to enforce, while the payment model reimbursed costs plus a guaranteed profit.
“This is not a sustainable model for any healthcare system,” he said.
The Premier also disclosed the scale of healthcare spending, stating that public healthcare cost the country $828 million between 2016 and 2025, representing 32 percent of Government expenditure and 8.1 percent of national GDP.
He then outlined the cost of the first international arbitration, saying Government was ordered to pay $18.5 million in principal and interest, $8.2 million toward the company’s legal costs, in addition to arbitration expenses and the Government’s own legal fees.
“The total cost of the territory from the first arbitration alone was approximately $39.7 million,” Misick said. “I want this House to sit with that figure for a moment. Eight percent of our annual budget consumed—not by schools, not by roads, not by housing—but by the cost of resolving a dispute with a private contractor.”
Turning to the second arbitration, the Premier said the tribunal ruled that Government must pay $9.3 million in outstanding invoices, while the substantive arbitration over maintenance, performance and Government’s counterclaims continues.
“In plain terms, the contract requires the Government to pay first and dispute later,” Misick said. He added that the ruling “does not mean the arbitration is over” and “does not mean that the Government’s position on performance has been found without merit.”
Despite the legal setbacks, the Premier maintained that Government remains committed to bringing the concession to an orderly conclusion.
“Over the coming months, we will resolve the concession. We will reclaim the hospitals and build a healthier system worthy of the trust that people place in it,” he said.
While Misick did not elaborate on what “resolving the concession” will involve, he said the objective is to replace what he described as an unsustainable arrangement with a healthcare system that is “publicly accountable, financially sound and built on a foundation that will last.”
Editor’s Note: This report is based on Premier Washington Misick’s statement to the House of Assembly on Friday, July 31, 2026. The Government has indicated that a supporting paper detailing the history, financial figures and legal decisions surrounding the hospital concession will be tabled in the House of Assembly.