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Landmark Court Decision on Opposition Leader (DMMO) Judicial Review Application    

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#TurksandCaicos, December 15, 2023 – Minister of Tourism, the Honourable Josephine Connolly, is welcoming the Supreme Court’s ruling against the Honourable Leader of the Opposition and his Appointed Member in the House of Assembly (“the Applicants”) denying them leave to file judicial review.

The Applicants sought a judicial review against the Minister of Tourism, the Premier, and the Speaker of the House regarding the introduction of two Bills; the Tourist Board (Dissolution Ordinance) and the Destination Management Fee Ordinance. Their Challenge concerned the Honourable Minister of Tourism’s presentation of the respective Bills to the House without embarking on proper consultation and also the decision of the Speaker of the House to allow the motion by the Honourable Premier to three readings of the Destination Management Fee Bill and the Tourism Regulation and Licensing Bill in one sitting.  The Applicants also took issue with the decision of the Honorable Premier to accept the recommendation of the Government to dissolve the Tourist Board in favour of a Destination Management Organisation.  Among the various reliefs sought was an order quashing the Turks and Caicos Islands Tourist Board (Dissolution) Ordinance 2023 and the Destination Management Fee Ordinance 2023.

 The Minister of Tourism, Honourable Josephine Connolly emphasised that “establishing Experience Turks and Caicos, the Destination Management and Marketing Organisation (DMMO), was the right decision for the Turks and Caicos Islands. The Court’s decision provides certainty around the legal framework and supports the ongoing implementation of this new framework which is significant and timely.  I believe that Experience Turks and Caicos will propel the Turks and Caicos Islands’ tourism to unprecedented economic growth as the government remains committed to the country’s development,” she said.

The Honourable Minister also expressed her gratitude to “the Honourable Attorney General and the members of her Civil Litigation team for presenting such a robust defense of these proceedings on behalf of the Government and the Speaker of the House of Assembly. The Attorney General’s Chambers’ diligence, legal acumen, and dedication to upholding fundamental constitutional principles have contributed to this favorable outcome.”

The substantive hearing for leave to apply for judicial review was held on November 17th, 2023 before his Lordship Mr. Justice Chris Selochan. The oral judgment was clearly and concisely delivered on Monday, December 11th, 2023.

In delivering its judgment, the Supreme Court, considered the submissions raised by the Attorney General’s Chambers on behalf of the Government, including that:

  • the Court lacked jurisdiction to inquire into the matter given that the decisions under challenge were taken in the House of Assembly;
  • the delay of the parties in seeking leave only after the Bills had become law;
  • the failure of the parties to seek alternative remedy in the House of Assembly;
  • there was no realistic prospect of success; and
  • the Applicants had no locus standi.

Regarding the power of the Supreme Court to quash an Ordinance, the Court ruled as it relates to primary legislation that it does not have the power to do so. The Court noted that there was no claim that the decisions were inconsistent with the Constitution and even if they were, the Court could only make a declaration.

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Press Statement from Audric Skippings on the Urgent Need for a Public Transportation System

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Turks and Caicos, December 12, 2024 – As a community, we are witnessing the devastating consequences of a void that has gone unaddressed for far too long—the absence of an accessible and reliable public transportation system in the Turks and Caicos Islands. Recent headlines have brought to light the alarming risks our residents face daily, including the heartbreaking reality that many are forced to rely on unregulated and unsafe transportation options. This is not just a matter of convenience; it is a matter of public safety.

It is unacceptable that our young women, children, and other vulnerable members of society are left to navigate these precarious situations, placing their trust—and lives—in the hands of strangers. These conditions not only jeopardize their safety but also highlight a critical gap in our infrastructure that disproportionately affects those who rely on affordable and dependable transportation options to access education, employment, healthcare, and other essential services.

The reports of targeting and exploitation are a wake-up call for immediate action. As we move forward, we must prioritize the development of a robust public transportation system that serves all corners of the Turks and Caicos Islands. Such a system should be affordable, efficient, and, above all, safe. It is a fundamental service that can unite communities, reduce vulnerabilities, and promote equitable access to opportunities for every resident.

The People’s Democratic Movement (PDM) has always stood for the empowerment and protection of the people of the Turks and Caicos Islands. As a proud member of the PDM, I am committed to continuing this legacy by fighting for a modern, accessible public transportation system. The PDM understands that this is not just an infrastructure issue—it is a cornerstone of public safety, community development, and national progress.

As a leader and representative of the PDM, I will work tirelessly to ensure that this critical need is addressed. Together, we can implement solutions that protect our citizens, empower our communities, and build a stronger Turks and Caicos Islands for future generations.

The time for action is now. The PDM is ready to lead this charge because our people deserve better, and I will ensure that this issue remains at the forefront of the agenda until it is resolved. I ask for your vote on election day and to support this PDM Team to get the job done.

 

Audric Skippings

PDM ED6 Candidate

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On International Human Rights Day – December 10 – Turks & Caicos Leaders sign historic Proclamation on Constitutional Reforms

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Deandrea Hamilton

Editor

 

Turks and Caicos, December 11, 2024 – “Today we gather at a defining moment in the history of the Turks and Caicos Islands made even more meaningful as it coincides with International Human Rights Day,” the words H.E. Dileeni Daniel-Selveratnam, TCI Governor used to set the stage for an auspicious ceremony.

With thanks to the Speaker of the House, Hon Gordon Burton, Her Excellency added, “This amended constitution is more than a legal framework, it is a reaffirmation of our shared humanity. It reminds us that a constitution is not static, it is a living covenant between a people and their ideals, adapting as society evolves to ensure no one is left behind.”

In a rare appearance at the House of Assembly, the governor reminded of the enormous cadre of people who contributed to the success of a constitution, which now more closely resembles and reflects the Turks and Caicos Islands.

It has been roughly 12 years since the 2011 Constitution Order was presented by London to the people of the TCI.  The culmination of a contentious process where islanders indisputably demonstrated their disdain for the document.  It had been vocally rejected, set ablaze and burned to ashes before being reported to the international community – from CARICOM to the United Nations – as “regressive”.

“As we sign this proclamation, we honour our nation’s past while embracing the promise of its future,” explained Daniel-Selveratnam.

The Amendment Order has now been accepted in bi-partisan fashion by members of the Turks and Caicos Islands House of Assembly.  The gains were generally viewed as substantial and number at least 12, according to information recently communicated by the Turks and Caicos Islands Government.

“The Draft 2024 Order proposes several amendments to the Constitution of the Turks and Caicos Islands.

In particular, it –

  • changes the name of the House of Assembly to Parliament and Ordinance to Law;
  • with effect from the next dissolution of the Parliament, changes the maximum Parliamentary term from four to five years;
  • abolishes appointed members of Parliament other than the Attorney General;
  • clarifies that the Turks and Caicos Islands Cabinet has autonomous capacity with respect to domestic affairs; sets out matters relating to external affairs that the Governor must delegate;
  • makes provision for the Governor to appoint a greater number of Ministers than the six normally permitted in addition to the Premier, with the total cap being higher than that brought in by the Turks and Caicos Islands Constitution (Amendment) Order 2021;
  • establishes several new bodies: a Cabinet Office and a Cabinet Secretary, a Police and Defence Service Commission, an International Centre for Alternative Dispute Resolution and provides that a Constitutional Commission may be Established;
  • makes constitutional provision for some entities and items already in existence: the National Security Council, the TCI Regiment and the National Crest;
  • removes the regulation of international financial services from the Governor’s special responsibilities and establishes an independent body for the regulation of financial services;
  • provides a power for a referendum to be held on matters of national importance;
  • makes amendments to the composition of the Electoral District Boundary Commission and to its functions;
  • revokes the Turks and Caicos Islands (Electoral District Boundary Commission) Order 2011.

Signing the proclamation were the Governor, Her Excellency Dileeni Daniel-Selveratnam; Hon Washington Misick, TCI Premier and Hon Edwin Astwood, Leader of the Opposition.

Members of the House passed the Amendments on Thursday October 17, 2024.  The Order took effect in early November.

“On International Human Rights Day, let us be reminded that the pursuit of justice and freedom is a universal endeavour.  Let this moment inspire us to continue striving for a democracy that reflects the highest aspirations of its people.  A nation guided not by power, but by principles.

Together we have demonstrated that Constitutional Reform is a profound act of strength and renewal.”

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Caribbean News

“We have a Responsibility”; Outcry and Outrage expressed by Lisa Hanna

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Garfield Ekon

Staff Writer

 

December 11, 2024 – Jamaican legislator Lisa Hanna is urging young people of her homeland, to be concerned and be active against the “worst underbelly” of fascism that is emerging on the global stage.

According to Hanna, Jamaicans have always stand on the sides of the oppressed and marginalised, and she is irked to see comments from young people that Jamaicans should not be concerned with things “over there,” such as the Gaza war, and other happenings across the global community.

Noting that in her lifetime, the Berlin Wall fell, the Cold War ended, and “I have seen the end of Apartheid,” the signing of the Oslo Accord, between then  Israeli Prime Minister Yitzhak Rabin and  the late former Chairman  of the Palestinian Liberation Organization (PLO),Yasser Arafat.

“I have seen also the shift of capital from the West to Asia, and to India. I have seen other things, too, but, somehow, the world” is moving backward on some of the gains made in the past, and “no one is standing up.

“We watch our brothers and sisters in Cuba, suffering without electricity, because of decades of US (United States) sanctions; Haitians are being slaughtered, and trying to leave for a better way of life,” she said in a recent video.

The former Minister of Youth and Culture, and recently Shadow Minister of Foreign Affairs, added that Wars in the Middle East, and the “forgotten wars” in the Sudan, and the Congo, as well as the killing of black Palestinians, are being done in the “name of authoritarianism.

“But, worst of all, my blood curdles” with the indifference that Jamaicans are showing to atrocities in other parts of the world. “We have always stood up for protecting the dignity of people globally, we have always been a revolutionary people, destroying contrived dogmas intended to enslave anyone, to the supremacy of others because of their economic might, or geographical size,” Miss Hanna said.

She stressed that Jamaica was the first country in the Western hemisphere to impose a trade embargo on Apartheid South Africa, and it was done through courage, because at the time, Jamaica had not yet gained its Independence from Britain. “Our respect globally, was ear ed by those who went before, it was their courage that allowed us to hold our heads high, with self-respect,” she said.

The stance by Jamaca, was principled, she underscored, including when Jamaican lawyer, Dudley Thomson went to Kenya, and defended Jomo Kenyata against charges leveled on him by the British Empire, and leaders of the island, and musicians helped to tear down injustice in many countries through “dedicated purpose” to recognise the dignity of people. “We have a responsibility continue, activism for our own sake, and for others who are being pushed into suffocation,” Miss Hanna stated.

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