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Quash the DMMO, PDM Supreme Court Motion heard; Judge to bring Decision on December 8

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Wilkie Arthur

Freelance Court Reporter

 

#TurksandCaicos, November 24, 2023 – It was a very bold approach by the Opposition PDM party; an attempt to have the Supreme Court of the Turks and Caicos Islands quash two already passed bills which established the Destination Management and Marketing Organization, DMMO as a replacement to the TCI Tourist Board.

Interesting arguments were laid before his Lordship Hon Mr Justice Chris Selochan on Friday 17th November, 2023 that lasted almost the entire day. Both sides of the argument fought hard in the precedent setting matter which is an application for leave to apply for Judicial Review.

Mr. Garland is also named as one of the two applicants in this matter along with leader of the opposition, Mr. Edwin Astwood, who was not present at the hearing. However, the PDM side and their legal team were noticeably supported by former Tourist Board director and former Tourism Minister, Ralph Higgs and Robert Been, deputy leader of the People’s Democratic Movement, PDM.

At the beginning of the proceeding,  his Lordship immediately reminded both parties, meaning the (applicants and the respondents) attorneys that this is just the “leave” stage of the application, to see if there’s sufficient merit to grant leave for a full judicial review proceedings or a substantive hearing or trial by the calling of witnesses and so on.

He gave the complainants and defendants full liberty to present their arguments, ably and concisely.

The judge said, I’m not rushing you because I said that. His Lordship explained that he was simply reminding them the PDM team and the Attorney General’s Chambers, of the need to tailor their arguments according to the rules relating to “applications for leave” and not a substantive trial. This is just the “leave” stages, he reminded.

Immediately, as attorney George Missick rose to his feet to commence his arguments/submissions on the application for leave, he wasn’t able to get properly started when the Senior Principal Civil Crown Counsel, Ms. Clemar Hippolye rose to her feet in an attempt to stop or halt the entire proceedings on a point of law or clause that outlined certain decisions or ruling or orders made by the Speaker of the House in support of the respondents case or defense, could not be challenged in court unless constitutional grounds or arguments have been laid out in the application before the court.

Hon Gordon Burton, current Speaker of the House of Assembly, who was named in the case for ‘leave’ was present at the proceedings as well.

However, the Judge did not allow Ms. Hippolyte to continue as he said he will hear her in detail on the point after hearing the applicant’s case in full. She will have her opportunity to address the court on its jurisdiction to hear the matter.

Mr. Missick, attorney for the PDM was then called to continue and he without delay dived directly on the point of the judge having no jurisdiction by countering it, in with his first and most forceful point argument of “no public consultation” with respect to the DMMO before passing it into law.

Misick told the judge if we take this in its proper sequence, before the bills can reach the House of Assembly to be voted on and the Hon. Speaker can make an order that may not be challengable by the Court, we must first pass the ground of our argument regarding “no public consultation”.

He said if the court accepts that the applicants have sufficiently provided enough that there should have been public consultant and proved that there was none, to meet the guidelines outlined in the case authorities he provided from The Bahamas and elsewhere, then the issue or the clause or law of the court’s not having jurisdiction to challenge the Speaker of the House orders or decision is irrelevant.

Representing the PNP Government was the Hon. Attorney General Mrs. Rhondalee Braithwaite-Knowles KC (who at no time addressed the court  during the proceedings but was present throughout) and another civil attorney, who had recently joined the Attorney General (AG) Chambers, Ms. Khadija Macfarlane.

They were along with the previously mentioned lead civil attorney Ms. Hippolyte. The Government and the DMMO support team was Hon. Mr. Speaker Gordon Burton; Ministry of Tourism permanent secretary, Mr. Wesley Clerveaux (who also provided lengthy documentary evidence through affidavit), members of the newly established DMMO staff such as attorney, Miss. Sasha Arthur and others.

The AG’s defense on behalf of the Government was there was consultation, they outlined various different meetings with key stakeholders, boards that were established and consultative forums that were set up. They attempted to fortify their arguments regarding public consultation by stating that, at a press conference the media asked questions or a single question regarding the DMMO on one or more occasions. These questions reflected public concern and were answered by officials, satisfactorily according to the AG’s Chambers.

The GOVERNMENT legal team submitted to the Judge that the complainant’s application was wrongful framed and the wordings as to what relief the PDM is seeking is fundamentally flawed. They argued that the application should not have been brought by Hon. Edwin Astwood nor Hon. Alvin Garland but by People who were really affected such as the dismissed Tourist Board staff as they fall within the more appropriate criteria of the law for “sufficient interest” in judicial review proceedings.

The defence said the two members of the House lack sufficient or any interest as would meet the law’s requirement for “persons of sufficient interest” who are entitled to apply for leave to judicial review of any issues concerning the Government.

The AG team further invited the Court to dismiss or strike-out the application because it was filed outside of the statute of limitations; that the three months had already passed when the application made it to the court.

It appears to Magnetic Media that the attorneys for on behalf of the PNP government could not adequately defend against the opposition PDM case, so, they have mounted a serious legal attempt of procedures, timing and legal technicalities to get the case thrown out.

The learned judge did ask, the PDM attorney Mr. Missick to explain to him exactly what you’re seeking if leave is granted.

Missick and Garland addressed the court on this point separately but supportive of each other by stating to “QUASH” the entire DMMO ordinance and DMMO Fee bill 2023, regarding the $10.00 that all traveller’s would have to pay to maintain this new DMMO operation.

He said this must be done because, this government failed to consult the majority or any of the people of the Turks and Caicos Islands regarding the DMMO and the $10.00 DMMO fee,  Missick said.

He spoke of all the persons who lost their jobs by the dissolution of the Tourist Board which has been in existence some 30 plus years. He said tourism is all we have, tourism is everybody’s business.

Ms. Hippolyte did advice the judge that some of the Tourist Board staff have been placed in other government departments, some were handsomely compensated and some are employed by the DMMO.

There was a lot more which could be said from this hotly watched matter and from the day’s hearing from both sides, however the spirit of the arguments put forth are well captured in this piece which gives the public an overview of the full nature of the proceedings.

The judge now has the matter and returns with his decision at 1pm on Wednesday, December 8, 2023.

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Six Unauthorised Structures Demolished During Multi-Agency Planning Enforcement Operation

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Before demolition

After demolition

Providenciales, Turks and Caicos Islands – Friday, 17 July 2026: The Planning Department, with support from the Informal Settlements Unit (ISU), and the Crown Land Unit conducted a coordinated enforcement operation on Thursday, 2 July 2026, resulting in the demolition of six unauthorised structures on private property at Block and Parcel 60502/48. Security for the operation was provided by the Royal Turks and Caicos Islands Police Force.

The enforcement action followed the issuance of an Enforcement Notice by the Planning Department on 29 January 2026, advising the persons responsible for the structures that they had been erected without the necessary planning approval and were required to be removed. Following the expiration of the compliance period, a multi-agency operation was organised to carry out the demolition.

Before demolition activities commenced, personnel conducted a comprehensive inspection of the site to confirm that all structures were unoccupied and free of gas cylinders or other hazardous materials. These precautionary measures were undertaken to safeguard the welfare of both the enforcement teams and the public while ensuring the operation was carried out safely and efficiently.

Upon completion of the exercise, participating agencies returned to Police Tactical Headquarters for a debrief, marking the successful conclusion of another coordinated enforcement effort.

The Government of the Turks and Caicos Islands reminds members of the public that all construction activities must receive the appropriate planning approvals before work begins. The Planning Department will continue to work alongside its partner agencies to enforce the Planning Ordinance, promote orderly development and ensure that construction throughout the Islands complies with the applicable laws and regulations.

Members of the public are encouraged to familiarise themselves with the planning approval process and to seek guidance from the Planning Department before undertaking any development to avoid enforcement action and loss of money invested.

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DDME’s Hurricane Hunt Scavenger Hunt Sparks Community Spirit and Storm Preparedness in Providenciales

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Department of Disaster Management and Emergencies: Providenciales, Turks and Caicos Islands — Fifteen teams raced across Providenciales on Saturday July 4th for the inaugural DDME Hurricane Hunt, a community scavenger hunt designed to combine friendly competition with hurricane preparedness education.

Teams were given a bag of supplies and 15 cryptic clues, participants had less than two hours to pinpoint locations and collect hurricane must-haves; including water jugs, shovels, flashlights and other supplies that every household should have on hand ahead of a storm.

The challenge tested not only participants’ local knowledge and navigation skills, but also their teamwork under time pressure; all while reinforcing practical lessons about what it takes to stay ready when a storm approaches.

Beyond the hunt itself, the event drew a lively crowd of families and supporters who turned out to enjoy a full day of festivities. Attendees took part in games, received free gifts, face painting, canvas painting, bounce houses and visited vendor booths; while enjoying fresh food off the grill throughout the afternoon.

“This event brought together the best of both worlds; a fun, high-energy competition and a meaningful reminder of how important it is for our community to be prepared,” Mr. Aaron Ballantyne, Community Preparedness Officer for Providenciales. “Seeing 15 teams fully engaged, racing to landmarks across the island while learning what belongs in a hurricane kit, was exactly the outcome we hoped for.”

DDME extends their sincere gratitude to the stakeholders that partnered with the event and generously donated their time, resources and efforts to make it a success: The Turks and Caicos Islands Red Cross, The Oseta Jolly Primary School, The Royal Turks and Caicos Islands Police Force, Do It Center (Building Materials), KB Homes, Digicel TCI, Frost Cay and Clint Grilling and Catering Services, along with all other vendors who were solicited.

The event’s success was also made possible by the private organizations and government departments that opened their locations to serve as scavenger hunt sites, allowing the hunt to unfold across the island; from Chalk Sound to Long Bay.

The quick thinking first place team consisted of; Neekimo King, Keturah Miller-Brown, Lashaunda Dickenson and Kebba Thomas who all walked away with exciting prizes.

Ms. Bernadya Smith, Public Information and Media Manager stated; “With hurricane season underway, this event, along with our recent Hurricane Expo held in Grand Turk and community pop-ups throughout the country, is a testament to DDME’s commitment to blending community engagement with year-round storm readiness. We look forward to making this event an annual staple that brings families together while keeping preparedness at the forefront of every community we serve.

Follow DDME social media pages to stay up to date with upcoming events and to join their weekly quizzes for a chance to win exciting prizes all hurricane season long.

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Invest TCI Supports Certification of Local Flats Fishing Guides Through MSME Technical Assistance Under Historic TCFFA–TCICC Partnership

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Providenciales, Turks and Caicos Islands — June 11th   2026 — Invest Turks and Caicos Islands has confirmed a financial commitment of $26,750 through the MSME Programme’s Technical Assistance support to assist 35 participants undertaking STCW and Fly-Fishing Guide Certifications under the Turks and Caicos Fly Fishing Association (TCFFA) and the Turks and Caicos Islands Community College (TCICC) partnership. The support is intended to strengthen the capacity of existing and emerging local operators within the flats-fishing and marine–based tourism sector, helping participants formalize their skills, improve service standards, and access higher-value economic opportunities.

The announcement follows the signing of a Memorandum of Understanding between TCFFA and TCICC on 12th May 2026, establishing the country’s first endorsed and regionally recognized Sustainable Fly-Fishing curriculum. That partnership, funded in part by the UK Government through the Darwin Plus Local initiative, aims to certify twenty or more Turks and Caicos Islanders as Flats-Fishing Guides and Train-The-Trainers — drawn from Providenciales, North Caicos, South Caicos, Middle Caicos, and Grand Turk.

Invest TCI’s contribution ensures that the financial barrier to certification does not prevent qualified candidates from accessing this sector-building opportunity. The support is being provided as technical assistance to strengthen the capacity of existing and emerging MSMEs within the flats-fishing and marine-based tourism sector, enabling participants to formalize, improve service standards, and access higher-value market opportunities.

“We are indeed happy to be a part of this initiative and to provide financial support towards the certification of the 35 participants. Invest TCI is committed to empowering small and medium enterprises and the individuals who drive them – and this programme is a direct example of that commitment in action.” — Alexa Cooper, Vice President – SME Development, Invest Turks and Caicos

Regional studies, including research on The Bahamas’ flats-fishing sector, show that the industry can generate significant economic value through lodging, meals, transport, retail, and guided services. This demonstrates the potential for Turks and Caicos to strengthen its own flats-fishing value chain through professional training, certification, and local enterprise development.

Angela Musgrove, CEO of Invest Turks and Caicos, highlighted the strategic alignment between the investment and Invest TCI’s broader mission:

“Invest TCI’s mandate is to support a stronger, more diversified economy with Turks and Caicos Islanders positioned to benefit from the industries that shape our future. This initiative directly aligns with that mandate. By supporting certification for local flats-fishing guides, we are helping to convert local knowledge into recognized credentials, strengthen small business capacity, and retain more value within our communities. It is a practical investment in people, enterprise, and sector development.” — Angela Musgrove, CEO, Invest Turks and Caicos

TCFFA President Levardo Talbot, whose association initiated the candidacy process and identified the funded participants, welcomed Invest TCI’s commitment as pivotal to the programme’s reach:

“For the first time, Turks and Caicos Islander fly fishing guides have an endorsed and regionally-recognized, locally delivered pathway into a profession that has long been built on their knowledge but not always on their terms. Invest TCI’s support ensures the people who should be in this room are in this room.” — Levardo Talbot, President, Turks and Caicos Fly Fishing Association

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