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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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PAY FIRST. QUESTION LATER.

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Premier explains costly arbitration lesson after years of legal battles over InterHealth Canada bills

 

By Deandrea Hamilton | Editor

PROVIDENCIALES, Turks and Caicos Islands — The Turks and Caicos Islands has learned the hard way that when it came to the InterHealth Canada hospital agreement, successive governments could question the bills—but they still had to pay them first. It is an expensive lesson which has cost the country tens of millions of dollars in arbitration, legal fees and disputed invoices, and one Premier Charles Washington Misick finally laid out in detail during a ministerial statement in the House of Assembly on July 31.

A day earlier, the Progressive Democratic Movement (PDM) had stunned the country with its own assessment of the hospital arrangement, saying nearly $1 billion had already been spent under the agreement, approximately $60 million remained outstanding on the original hospital loan and a fresh arbitration exposed taxpayers to even more financial risk. Opposition Leader Douglas Parnell warned that time was rapidly running out.

“There are only 80 days remaining before this agreement expires. This crisis is happening now, and I’m not going to allow this present healthcare crisis affecting the people of these islands to be brushed aside or buried beneath arguments about decisions made nearly 20 years ago or statements of false comfort.”

On Friday, the Premier responded with what he described as “a full and frank account” of the hospital project and the Government’s handling of the dispute.

“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.”

While Premier Misick disputed the Opposition’s estimate of the Territory’s current arbitration exposure, he did not dispute that the legal battles have come at an extraordinary cost. Instead, he disclosed that the first arbitration alone cost the country approximately $39.7 million in damages, legal fees and arbitration expenses, while confirming that a second arbitration remains active and that the Government has already been ordered to pay approximately $9.3 million in disputed invoices as that case continues.

The Premier explained that the costly cycle was built into the agreement itself.

“The concession agreement required Government to continue making payments while disputes proceeded to arbitration,” he told Parliament, explaining that the legal framework effectively required the Government to pay first and dispute later.

For many watching, the Premier’s statement was the first detailed public explanation of why taxpayers continued paying millions while the Government simultaneously challenged the invoices in court and arbitration.

Looking ahead, Misick made it clear that the Government’s focus is no longer only on defending lawsuits but on ending the arrangement altogether. He said an active transition is underway to return the hospitals to public control while also seeking reforms to international arbitration rules that he believes unfairly disadvantage small island states facing complex commercial disputes.

The Premier closed by setting out what he said is the Government’s objective for the future.

“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.”

Whether that plan ultimately succeeds remains to be seen. But after years of legal battles, arbitration rulings and mounting public concern, the country now has its clearest explanation yet of why the bills kept coming—even while they were being disputed—and what the Government says it intends to do to finally bring one of the Turks and Caicos Islands’ most expensive public contracts to an end.

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Dr. Candice Williams Appointed First Vice-President of Regional Higher Education Association  

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ACHEA Executive Team 

Providenciales, Turks and Caicos Islands 5 August 2026 — Dr. Candice Williams, President and Chief Executive Officer of the Turks and Caicos Islands Community College (TCICC), has been appointed First Vice-President of the Association of Caribbean Higher Education Administrators (ACHEA) for the 2026–2028 term.

The appointment followed elections held during ACHEA’s Annual General Meeting on 2 July 2026 at the Breezes Resort & Spa in Nassau, The Bahamas. The newly elected Executive officially assumed office on 1 August 2026.

ACHEA is a regional professional association that brings together higher education administrators and professionals from institutions across the Caribbean. The Association provides an important platform for regional collaboration, professional development, knowledge-sharing and the advancement of effective leadership and administration within the higher education sector.

This year holds special significance for the Association as ACHEA celebrates its 25th anniversary, marking a quarter-century of service to higher education leadership and institutional development across the region. The milestone reflects the organisation’s sustained growth, expanding influence and continued commitment to strengthening tertiary education systems throughout the Caribbean and beyond.

Dr. Williams’s appointment as First Vice-President represents a significant professional achievement and a proud milestone for TCICC and the wider Turks and Caicos Islands. It positions the country’s higher education leadership at the forefront of regional dialogue and initiatives aimed at strengthening institutional governance, improving administrative practices and addressing emerging priorities within Caribbean tertiary education.

In her role as First Vice-President, Dr. Williams will support the President and Executive in advancing the Association’s strategic objectives, strengthening engagement among member institutions and contributing to initiatives that promote excellence, innovation and sustainable development throughout the regional higher education sector.

The Honourable Rachel Marshall Taylor, Minister of Education, Youth, Sports and Culture, congratulated Dr. Williams on the appointment, noting that her elevation reflects both her distinguished leadership and the growing influence of the Turks and Caicos Islands within the regional education community.

“On behalf of the Ministry of Education, Youth, Sports and Culture, I extend heartfelt congratulations to Dr. Candice Williams on her appointment as First Vice-President of ACHEA. This achievement is a testament to her exemplary leadership, professionalism and unwavering commitment to the advancement of higher education. Her appointment is also a proud moment for the Turks and Caicos Islands, as it ensures that our national perspectives and experiences will continue to contribute meaningfully to important regional discussions. We are confident that Dr. Williams will serve with distinction and make a valuable contribution to the continued growth and development of higher education administration throughout the Caribbean.”

Following the Minister’s remarks, Mrs Sheba Wilson, Chairman of the Turks and Caicos Islands Community College Board of Govenors, also commended Dr. Williams’s appointment, highlighting the broader institutional and regional significance of her leadership role.

The Chairman reflected on the importance of sustained representation at the regional level and the College’s growing engagement within Caribbean higher education networks.

“Dr. Williams’s appointment to the ACHEA Executive is a clear reflection of the calibre of leadership we are fortunate to have at the Turks and Caicos Islands Community College. It also underscores the increasing visibility and respect that our institution and country are earning within regional higher education circles. We are especially proud that TCICC continues to contribute meaningfully to shaping conversations that influence the future of tertiary education across the Caribbean.”

Dr. Williams’s appointment also reinforces TCICC’s commitment to strengthening regional partnerships, sharing institutional expertise and contributing to the development of responsive and innovative higher education systems. Her participation at the executive level will provide further opportunities for TCICC to engage with regional institutions, exchange best practices and help shape approaches to the challenges and opportunities facing tertiary education across the Caribbean.

A notable moment in ACHEA’s recent history was the 2025 Annual Conference, which Dr. Williams had the privilege of hosting in the Turks and Caicos Islands. This marked the first time the Association convened its flagship conference in the TCI, welcoming more than 100 higher education administrators, researchers and thought leaders from across the Caribbean, North America and Africa to the destination. The event was widely regarded as a resounding success and is now recognised as a defining milestone in the Association’s development as it moves into its 25th anniversary year.

Reflecting on her appointment, Dr. Williams expressed gratitude for the confidence placed in her and reaffirmed her commitment to supporting the work of the Association.

“I am deeply honoured to have been entrusted with the responsibility of serving as First Vice-President of ACHEA. I am grateful to the Association’s membership for the confidence placed in me and look forward to working alongside the President, fellow Executive members and higher education professionals throughout the region. This appointment provides an important opportunity to strengthen collaboration, promote innovative administrative practices and support the continued development of institutions that are responsive to the needs of Caribbean learners and communities. I am also proud to represent the Turks and Caicos Islands Community College and the wider Turks and Caicos Islands as we contribute to the advancement of higher education across the region.”

The newly elected ACHEA Executive for the 2026–2028 term comprises:

  • President: Dr. Helen Williams-Cumberbatch
  • First Vice-President: Dr. Candice Williams
  • Second Vice-President: Ms Louri Clare
  • Secretary: Mrs Kasiane Reid-Martin
  • Assistant Secretary: Ms Sanielle Hinds
  • Treasurer: Ms Michelle Bruce
  • Assistant Treasurer: Dr. Courtney Garrick
  • Public Relations Officer: Ms Nataki Kerr
  • Assistant Public Relations Officer: Ms Alison Johnson

In a statement announcing the newly elected Executive, ACHEA extended its sincere appreciation to all members who participated in the election process and acknowledged the outgoing Executive members for their exemplary leadership, commitment and dedicated service throughout the previous term.

The full Executive, including members appointed to co-opted positions, will be introduced shortly.

Dr. Williams previously served as Second Vice-President of ACHEA. Her elevation to First Vice-President reflects the confidence of the Association’s membership in her leadership, experience and continued contribution to the advancement of higher education administration throughout the Caribbean.

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Facts According to the Turks & Caicos Premier About His Constitutional Amendments    

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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.

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