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TCI: Court Justice reports: Votes Must Count; Two Candidates rank higher, but General Election results unchanged

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#TurksandCaicos, June 10, 2021 – Two All Island Candidates got more votes than the final, official results showed and while this will not change the outcome of the general election, it does change how each person finished historically.  Both Jamell Robinson, an all island candidate on the PNP ticket and Karen Malcolm, an all island candidate for the PDM have moved up in placement because a block of voters were left out and off of their final tally.  This was concluded by Justice Carlos Simons, QC who accepted the request of the Governor to review the complaints of not one, but two candidates from the February 19 national poll.

“…His Excellency the Governor asked me to undertake this effort. Summarizing his email correspondence of 26 April and surrounding conversations, he noted the key objectives to be: a) Maintaining public confidence in the accuracy of the electoral process; b) Understanding the details that underpin Hon. Robinson’s complaint and whether and what remedy is/was available, and if there were courses of action open to him under the Ordinance that he could or should have utilized to ensure that this late challenge was not needed; and c) Produce a Report on this basis or any other basis necessary as befitting a matter touching and concerning the Constitution and the democratic process. 10. A day later His Excellency brought to my attention a similar complaint from Hon. Karen Malcolm and asked that I widen the scope of my inquiry to include that, to which I agreed,” outlined Simons in his report, which was made public on June 8, 2021.

 Justice Simons said Turks and Caicos was fortunate, this time around that the discrepancies in tallies for the concerned candidates did not change the overall election results, but strongly advises that changes be made and recommendations taken on how to ensure this never happens again. 

“We are lucky that in neither case was the diminishment of votes sufficient to affect the overall result of the election for either candidate or for their Parties. And in the absence of any evidence of fraud, it seems to me the proper response would be to see how the system can be made less vulnerable such human errors in the future. Before we go there however, I have been asked to consider what remedies the candidates might have availed themselves of under the Ordinance.”

Simons, a former candidate himself said what was most bothersome to him was that voters who would have wanted their voice to be heard in their selection of a candidate would have been missed out, had the candidates not questioned their individual and cumulative results. 

“The entitlement to vote is provided for by s. 55 (5) of the Constitution and s. 10 of the Ordinance. The issue in play in both cases here is important because each miscounted vote, or uncounted vote represents a denial, or at least a distortion of the electors’ right to choose their representatives in the House of Assembly. The fact that the numbers by which the votes of these two candidates were under reported were not sufficient to affect the overall outcome is not relevant to this fundamental consideration.”

In the case of Karen Malcolm, who was on her second run as an at large candidate; her final results after ballot counting left out all of the people who voted for her in North and Middle Caicos or ED4.  All 39 of the votes cast were left off the tally.  It takes her from the recorded 2,491 votes nationally to 2,530; she finishes in sixth place and as the top performing People’s Democratic Movement candidate; a step up from second. 

In the case of Jamell Robinson, he was shorted 82 votes and the shortfall came in The Bight, ED6.  It makes Robinson, as he had claimed, the second best performing candidate not just for the Progressive National Party but overall; falling second to Washington Misick, with his now confirmed 3,500 votes. 

The Governor in releasing the full report concludes that he accepts the findings and conclusions; explaining Justice Simons did the work pro bono.

“I accept all of his conclusions and recommendations as do the Candidates and the Supervisor of Elections.

Of importance to the two ‘All Island Candidates’, and to those who voted for them in two electoral districts, Justice Simons concludes that: Honourable Jamell Robinson and Honourable Karen Malcolm both polled more votes in ED6 and ED4 respectively than were recorded in the final election results.  The accompanying conclusion is also important because had those additional votes impacted the election results, then the impact would be significant.  That conclusion is however that the number of votes made no difference to the election result, in either case,” said the Governor in his statement on the Election Discrepancies Report.

Suggestions have been made by both Robinson and Malcolm on what “guard-rails” could be established to avoid any repeat and “These improvements will therefore be incorporated by the Supervisor of Elections in future elections,” advised Governor Dakin. 

The Governor reiterated, there was no election fraud and that electoral law is uninterested in the ranking of the five all island candidates; only that the top five finishers be counted as members of the House of Assembly and in this case, fortunately, all five of them are.

“In terms of whether the official election result – in terms of numbers polled – can be retrospectively changed, the answer is that it cannot. As far as electoral law is concerned, the Ordinance is entirely uninterested in the relative ranking of ‘All Island Candidates’ save to say they are either in the top five, or they are not.  They win or they lose. They gain a place in the House of Assembly or they do not.  While Justice Simons does not say it, the fact that such rankings may or may not be important in terms of internal party considerations, is not the concern of the law nor, therefore, the Supervisor of Elections or the Courts who must be guided by it. Justice Simons explains in his report the error made no difference to the election result, and that is all the Elections Ordinance seeks to achieve,” explained HE Nigel Dakin in his June 8 statement.  

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From Adversity to Achievement: The Transformative Journey of a Grand Turk Entrepreneur

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Turks and Caicos, December 9, 2024 – What defines a person’s legacy: their struggles, their triumphs, or the impact they leave on others? For one Grand Turk native, Clyde Holiday, better known as “Crab”, the answer lies in an unwavering commitment to perseverance, faith, and community.

Born to an American Air Force father and a Turks Islander mother, this fearless son of the soil grew up in a small island community. From a young age, he embraced challenges, first as a motorcyclist and later as a skilled operator of heavy equipment and a businessman.

A passion for machinery and mechanics led him to Florida, where he perfected his craft and also worked in the restaurant industry. He later earned a certification as a marine mechanic. His entrepreneurial spirit, however, was not without hurdles.

Like many self-starters, he encountered failures in his early ventures. Yet, he refused to let setbacks define him. His first business venture came with a partnership chance with a Bahamian businessman in the meat industry which was a major breakthrough.

It proved that opportunity often arrives disguised as hard work, but success was fleeting. Entangled with the wrong crowd, he succumbed to addiction—a devastating chapter that brought legal troubles and shattered dreams.

What followed was a journey of redemption. While incarcerated, he experienced a moment of spiritual reckoning, drawing strength from his faith and a Bible verse that stayed with him: “God gave men dominion over all things, but only He can change a man.”

Rejecting despair, he leaned into his community, church, and family, finding support in his first wife and guidance from local leaders. Emerging from this crucible, he rebuilt his life, uniting his faith and entrepreneurial drive.

His turning point came in the aftermath of Hurricane Ike, when the storm devastated Turks and Caicos, leaving the government financially crippled.

This was his opportunity to step up and as a heavy equipment operator, he worked for years under an IOU agreement, repairing infrastructure and helping his country rebuild.

His sacrifices eventually paid off, enabling him to invest in a thriving grocery business and apartments.

What others viewed as disaster, he transformed into opportunity—a lesson in resilience for a nation still grappling with systemic challenges.

Today, he oversees seven businesses, embodying the potential of self-made success. Yet his greatest pride lies not in personal wealth but in community impact.

A staunch advocate for youth empowerment at an earlier age.

He calls for targeted education programs in schools to nurture trade skills, because not everyone is college bound. He also calls for unionization of suppliers to lower costs of goods, and reforms to strengthen economic self-sufficiency.

His philosophy challenges politicians and citizens alike to rethink their roles in how they can help shape the country’s future.

For skeptics, his story raises difficult questions about the role of personal responsibility versus systemic reform. Is it enough to inspire individuals, or must societies provide the structures to support their potential? His life suggests both are necessary. By turning personal struggles into public contributions, he exemplifies how individual resilience can intersect with collective progress.

When asked how he wishes to be remembered, his response is as inspiring as his journey: “For my love, charity, and care for the people of this great country.”

His life serves as a testament to the power of perseverance, faith, and a vision that extends beyond self-interest—a legacy that challenges us all to think bigger.

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Employment Services Department Introduces Online Work Permit Portal

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Providenciales, Turks and Caicos Islands: The Employment Services Department is happy to announce the opening of our Online Work Permit Portal, effective 13th January 2025. This new system will make the work permit application procedure more efficient and straightforward.

Both will be able to access the portal:

• Corporate Applicants: Businesses or groups submitting applications on behalf of their staff members.

• General Applicants: People who apply for work permits directly.

A link to the portal APS Login and a demo video Application Processing System 18.Nov.2024.wmv with step-by-step instructions https://borderforceapps.gov.tc/download/guide.pdf is provided to ensure a smooth transition and ease of use. These resources will guide users through the registration process and demonstrate how to navigate and use the portal effectively.

This initiative is part of our commitment to improving efficiency, reducing processing times, and enhancing accessibility for all applicants.

We encourage all stakeholders to familiarise themselves with the portal before its launch. Training resources and detailed instructions are available to ensure a smooth transition.

For more information or assistance, please get in touch with the Employment Services Department at:

  • Phone: 338-5639/4115

The Department appreciates your cooperation as we transition to this innovative platform to serve you better.

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Strategic Tool for Assessing Risk (STAR) Training of Trainers

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Providenciales, Turks and Caicos Islands: The Pan American Health Organization hosted a Training of Trainers on the Strategic Risk Assessment using the Strategic Tool for Assessing Risk (STAR) in St George’s, Grenada from 5 -7 November 2024.

 The objectives of this training were:

  • to Train Health Disaster Managers and counterparts on the STAR Methodology
  • conduct a multi-stakeholder strategic risk assessment for Grenada

The Strategic Tool for Assessing Risk (STAR) Tool has been developed by WHO (the World Health Organisation), to support member states in risk assessment using a standardised methodology.

STAR is a comprehensive toolkit to enable countries and regions to conduct a strategic, rapid, and evidence-base assessment of public health risk for planning and prioritisation of health emergency and disaster risk management activities.

Participants for this training included a multi-stakeholder group from Grenada as well as Health Disaster managers from Bahamas, Belize, Dominica, Guyana, Jamaica, St Vincent, Trinidad and members from the Caribbean Public Health Agency (CARPHA).

Joining the PAHO/WHO team as a facilitator for this training was the Director of Health Disaster, Education and Training of the Health Emergency Management Unit, Miss Charlene Higgs.

The Ministry of Health and Human Services congratulates Miss Higgs on this great accomplishment and her leadership role in the area of Health Disaster and Emergency Management in the Turks and Caicos Islands.

For additional information, please visit the Ministry of Health and Human Services Facebook page at http://www.facebook.com/tciministryofhealth.

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