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Attorney General wins major victory for the Government in case of unlawful occupation of Crown Land

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#TurksandCaicos, May 2, 2024 – In a unanimous decision, the Court of Appeal of the Turks and Caicos Islands upheld an appeal brought by the Attorney General on behalf of the Turks and Caicos Island Government, overturning the lower court’s ruling and affirming the Government’s position on critical issues involving crown land procedures and the implications of the Crown Land Ordinance. This ruling represents a decisive moment in the legal saga and reaffirms the Government’s commitment to upholding the rule of law and protecting public resources.

On the 29th April, 2022, former Supreme Court Judge, Hon. Carlos Simons OBE KC, ruled in favour of a local businessman Mr. Gilbert Selver who the Crown argued had been in unlawful occupation of three parcels of crown land, namely 60602/429; 60602/430; 60602/431 respectively; ruling that the freehold title to Crown Land parcels 60602/429, and 60602/430 be transferred to Mr. Selver at the 2008 offer prices of $30,800 and $73,5000 respectively. In respect of 60602/431 the Court ruled that Mr Selver was indeed a trespasser. The Crown’s position in the Supreme Court was that Mr. Selver was a trespasser after failing to accept the offers for the sale of said Crown land presented to him prior to the coming into force of the 2012 Crown land Ordinance And after receiving Notices to discontinue the use and occupation of the said Crown Land which said notices had been ignored.

The Crown being dissatisfied with the said ruling, lodged an appeal against the decision of former Justice Simons OBE KC on the grounds that he failed to properly apply the contract principles of offer and acceptance; he failed to consider that the offers made by TCIG was subject to contract, and that he failed to consider the intervening impact of the Crown Land Ordinance which came into force in 2012.

On 26th October 2023, the Court of Appeal heard the detailed arguments on behalf of the Crown and Mr. Selver. Principal Crown Counsel, Civil Ms. Clemar Hippolyte and Principal Crown Counsel, Commercial, Ms. Yaa McCartney appeared on behalf of the Crown as representatives for the Appellant, and Mr. George Missick appeared for the Respondent Mr. Selver before the three- person Appeal panel comprising Hon. Mr. Justice K Neville Adderley (President), Hon. Mr. Justice Stanley John, and Hon. Mr. Bernard Turner.

On 17th April, 2024 the Court of Appealed handed down its decision on the appeal, overturning the judgement in the Supreme Court, and ruling in favour of the Crown. In arriving at its decision, the Court found that, by letter dated 29th October, 2008, the Crown offered Mr. Selver the freehold title to parcels 60602/429 and 60602/430 for the purchase prices of $30,800 and $73,5000 respectively. The Court found that in order to accept the offers, Mr. Selver was required to pay the survey fees and a registration fee. The letter also informed Mr. Selver that he was required to

contact the Crown Land Unit in order to execute the necessary documents. The Court found that Mr. Selver had not immediately acted on the offer and had not accepted the offer of the Crown for the freehold.

The Court of Appeal also held that although the offer remained open by the Crown, time not being stated to be of the essence, Mr. Selver’s unequivocal acceptance was only communicated in 2013 which came after the coming into force of the 2012 Crown Land Ordinance (CLO). The Court of Appeal considered whether the coming into force of the CLO presented a significant change in circumstances which would have impacted Mr. Selver’s ability to accept the offer to constitute a legally enforceable contract. Following the decision of the Privy Council in CMK BWI Ltd. v Attorney General [2022] UKPC 40, the Court held that the date of the acceptance was highly relevant to determining the legality of the contract because the 2012 CLO now dictates the conditions and circumstances of all crown land dispositions. The Court considered section 7(2) of the Ordinance which provides that “Crown land must not be disposed of unless the disposal is authorized by this Ordinance or any other Ordinance dealing with Crown land”, and held that the Crown “could not dispose of the parcels under the previous offers as the Ordinance cerate[d] the legislative framework for the disposition of Crown lands, including restrictions (section 9) and imposition of conditions (sectio10)”. Applying the law to the facts, the Court found that “no validly enforceable contract was entered into between Selver and the TCIG for the purchase of 429 and 430 as the offer to purchase the crown lands were rescinded by the passage of the CLO”.

In allowing the appeal, the Court ordered that:

  1. The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
  2. Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
  3. The TCIG is entitled to all attached buildings and/or infrastructural works on the parcels 60602/429; 60602/430 and 60602/431 attached to the land and no compensation is payable to Mr. Selver.
  4. Selver must pay the TCIG’s legal costs in the Supreme Court and in the Court of Appeal .

“We welcome the Court of Appeal’s ruling in this pivotal land case,” stated the Honorable Attorney General Rhondalee Braithwaite Knowles OBE KC, “This decision vindicates our steadfast efforts to clarifying the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgement, is another helpful decision of our courts that clarifies the Crown Land Ordinance’s governance over the disposition of Crown Land since its enactment. The judgment reaffirms the Government’s authority to act in the best interests of the people of the Turks and Caicos Islands and ensures responsible stewardship of our finite land resources.”

The successful appeal outcome is a testament to the diligence and expertise of the Government’s legal team, whose tireless advocacy and meticulous preparation were instrumental in securing this favorable verdict for the Government. Their dedication to advancing the Government’s case and upholding the principles of justice and fairness have been commendable.

“The Government is very grateful to the Court of Appeal for their thorough consideration of the legal issues at hand and their commitment to delivering just and equitable outcomes” added the Honourable Attorney General. “This ruling provides clarity and certainty for all stakeholders involved and underscores the importance of transparent and accountable Crown Land practices.”

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DDME Hurricane Preparedness Expo, Huge success in The Nation’s Capital

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Providenciales, Turks and Caicos Islands – Friday, 26 June 2026: The Department of Disaster Management and Emergencies (DDME) successfully hosted its Hurricane Preparedness Expo this past Friday, 19 June 2026, at the Dillon Hall in Grand Turk. Residents and visitors attending the event, took full advantage of the opportunity to learn more about hurricane preparedness while participating in exciting activities and receiving complimentary tokens.

The expo brought together several key partners and stakeholders, including the TCI Red Cross, Do it Center (Building Materials), Pelican Energy TCI, Interhealth Canada, TCI Regiment, Health Promotion and Advocacy Unit, Aged Care and Rehabilitation TCI, the Environmental Health Department, Survey and Mapping Department and the Public Works Department.  These stakeholders and vendors contributed to the event’s success by sharing valuable information and products aimed at helping individuals and families prepare for the hurricane season.

Both the Director and Deputy Director for DDME addressed attendees and emphasised the importance of remaining vigilant throughout the Atlantic Hurricane Season.  DDME Director, Lt. Col (Ret’d) Jason Hills stated, “Preparedness is not a one-time activity but an ongoing responsibility. We encourage everyone to take the necessary steps by staying informed and ensuring their emergency plans and supplies are up to date,” DDME Deputy Director Ms. Kevaun Lucas added that, “It only takes one storm to change lives and communities forever. That is why preparedness cannot wait until a hurricane is on our doorstep, take the time now so you will not be caught off guard later.”

DDME would like to take this opportunity to express gratitude to all vendors and persons from the Grand Turk community that attended this event.  We also express our sincere thanks to The Hon. Otis Morris and Hon. Sharon Simons for their presence and participation.

The Hurricane Preparedness Expo forms part of the DDME’s ongoing public awareness and community outreach initiatives during the Atlantic Hurricane Season. These events aim to strengthen preparedness and resilience across the country.  The public is warmly encouraged to attend DDME initiatives and take an active role in hurricane preparedness.

UPCOMING CHURCH SERVICE

Sunday, 28 June 2026  •  St. Mary’s Pro-Cathedral, Grand Turk  |  9:00 AM (New time)

OTHER UPCOMING EVENT

Saturday, 4 July 2026  •   Community Hurricane Scavenger Hunt, Meeting point: Oseta Jolly Primary School, Providenciales |  2:00 pm – 5:00 pm

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Turks and Caicos Islands Expands US Reach with New United Airlines Denver Route  

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Providenciales, Turks and Caicos Islands (June 26th, 2026) — The Turks and Caicos Islands is celebrating another major airlift milestone with the announcement that United Airlines will launch new nonstop service between Denver International Airport (DEN) and Howard Hamilton International Airport in Providenciales (PLS) beginning December 2026.*

The new weekly service marks a significant expansion of United Airlines’ established presence in the Turks and Caicos Islands and is the result of extensive negotiations with the Turks and Caicos Islands Airports Authority (TCIAA).

This announcement comes on the heels of the Turks and Caicos Islands’ successful roadshow in Denver, where the delegation, led by the Premier, Hon. Charles Washington Misick, was warmly welcomed by Governor Jared Polis, who proclaimed May 20th, 2026, as Turks and Caicos Islands Friendship Day in Colorado in recognition of the growing ties between the destination and the state.

Premier, Hon. Charles Washington Misick, said this new route will open up new opportunities for the Turks and Caicos Islands.

“This new direct service between Denver and Providenciales is tremendously exciting for the Turks and Caicos Islands. Denver is one of America’s great aviation gateways, opening convenient access to Colorado, California, and the entire western United States. Having already established strong links to the eastern and midwestern markets, we are delighted to now extend our reach to the west. We are confident this route will unlock significant opportunities for tourism, business, and investment and further strengthen our ties with the United States,” he said.

Minister of Tourism, Hon. Zhavargo Jolly, welcomed the announcement as a strong endorsement of the destination’s growing appeal and the Ministry’s continued efforts to diversify source markets and expand airlift.

“This new service between Denver and Providenciales represents another important step in expanding the global reach of the Turks and Caicos Islands. For many years, our strongest air connections have been concentrated along the East Coast and in the Midwest of the United States. Today, we continue our strategic expansion westward, creating direct access to one of North America’s most dynamic and affluent regions. This route strengthens our ability to attract visitors whose interests align naturally with the Turks and Caicos Islands’ tourism product—from luxury travel and wellness experiences to diving, outdoor adventure, and second-home ownership,” he said.

Minister of Physical Planning and Infrastructure Development, Hon. Arlington Musgrove, described the announcement as another important step in strengthening the destination’s connectivity and competitiveness.

“This new service is the result of continued collaboration between the Government, the Turks and Caicos Islands Airports Authority, Experience Turks and Caicos and our airline partners. Expanding air access is critical to sustaining tourism growth, and we are pleased that United Airlines continues to recognise the immense opportunity that exists here in the Turks and Caicos Islands,” the Minister said. “As part of our broader strategic vision, we have been deliberately cultivating and developing routes from the western portion of North America — a market of enormous potential — with the goal of securing greater overall air capacity into our destination.”

“We’re excited to give our customers yet another non-stop option between the Caribbean and Denver,” said Tom Kozlowski, Senior Manager of Latin, Caribbean, & Hawaii Network Planning, United Airlines. “United is the largest carrier in Denver, and this new addition will be the westernmost service from Turks and Caicos to the US, opening new tourism opportunities. We know our customers in Denver and surrounds will enjoy easier access to beautiful beaches, unique island charm, and vibrant culture in one of the Caribbean’s most sought-after destinations.”

The addition of the Denver route further strengthens the Turks and Caicos Islands’ airlift portfolio and builds on recent successes in expanding access from key and emerging markets. Experience Turks and Caicos and the Turks and Caicos Islands Airports Authority will continue working closely with airline partners to identify opportunities for strategic growth and enhanced connectivity.

The new route will be operated by a Boeing 737 MAX 9 aircraft featuring 179 seats, including 20 in business class and 159 in economy.

The tentative flight schedule is below:

Route Start Date/Frequency Departure Time Arrival Time Aircraft
DEN – PLS Dec. 19, Weekly on Saturdays 10:00 17:00 Boeing 737 MAX 9
PLS – DEN Dec. 19, Weekly on Saturdays 13:35 17:21 Boeing 737 MAX 9

Schedule subject to change.

Customers can book flights at united.com and on the United app.

*Subject to Government approval

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Bahamas News

He’s Not Dusting Off Yesterday’s Plan… He’s Trying to Rebuild Government  

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By Deandrea Hamilton | Magnetic Media

 

The Bahamas, June 26, 2026 – Just in case you thought Sebastian Bastian, The Bahamas’ first Minister of Innovation and National Development, was about to dust off Vision 2040 and carry on where others left off… think again.

In his maiden Budget Communication on Monday, June 15, Bastian unveiled what amounts to a blueprint to rebuild how the government works.

Not with another glossy vision document.

But with an execution machine.

The clearest indication came when the Minister acknowledged that while Vision 2040 was an important national achievement, it also exposed a weakness.

“So we are changing what we are building. The National Development Plan will no longer be a document we complete and set aside. It will be a living instrument — continuously reviewed, always current, resourced by full-time professionals, and grounded in real data — that shapes how this government, and every government after it, chooses its priorities. A plan is a document. What we are building is an institution.”

It is a remarkable shift in philosophy.

Instead of governments producing national plans every decade, Bastian wants professionals monitoring implementation in real time, measuring progress and ensuring administrations stay focused on delivering what they promised.

To Bastian, national development goes far beyond the roads, airports and buildings Bahamians can see. It also means creating the invisible infrastructure of government — smarter systems, better planning, reliable data, accountability and institutions that survive changes in political administrations.

His speech repeatedly returned to one central idea: government itself has become an obstacle to opportunity.

He described a Family Island entrepreneur waiting weeks or even months for approvals because government systems do not communicate with one another. He spoke of public servants trapped by outdated manual processes instead of serving people. And he highlighted an 18-year-old entering a workforce being reshaped by artificial intelligence before graduation.

As he explained:

“…our job is a practical one: to make government work better, to make The Bahamas easier to do business in, and to make sure our country and our people are ready for what comes next.”

For ordinary Bahamians, he said the objective is simple.

“…a government that is simpler, faster, and far easier to deal with… dealing with your government will get easier, year after year, by design.”

His ministry’s four pillars are ambitious: modernizing government, preparing the nation for artificial intelligence, developing Bahamian talent and driving long-term national development.

Among the initiatives announced were a National Artificial Intelligence Authority, the country’s first AI legislation, a National Digital ID, SmartGov productivity tools for public officers, connected government systems, a National AI Literacy Initiative, an independent National Planning and Development Institute and a Delivery Division dedicated to turning plans into action.

The speech stopped short in one important area.

While Minister Bastian thoroughly explained how government intends to transform itself, he did not establish the measurable targets by which Bahamians can judge whether that transformation is succeeding.

However, he did reveal the next milestone.

Beginning in August, the National Development Plan Secretariat will begin assessing the planning capacity of every ministry and department while establishing a national tracking system before the renewed development plan moves into execution.

With 23 ministries and offices in the Davis administration, Bahamians now have a timeline.

It would not be unreasonable for the public to expect Minister Bastian to return once that assessment is complete with the findings, benchmarks and measurable goals that define success.

After all, the Minister’s own philosophy leaves little room for anything less.

“Delivery does not happen by good intentions — it happens when you build the institutions to carry it: capacity for research and policy thinking; teams dedicated to implementation; structures that demand accountability; systems that measure progress; and continuity that outlives any election cycle.”

If this speech is any indication, Minister Sebastian Bastian is not asking Bahamians to judge him by promises.He is asking to be judged by performance.

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