Dana Malcolm
Staff Writer
#TurksandCaicos, May 2, 2024 – The People’s Democratic Movement is expressing its displeasure following a Court of Appeal ruling that stripped land from an Islander to place it back in the hands of the government. They’re calling for a redo.
“I call upon the Government to not leave this one in the hands of The Crown Land Unit and to instruct the Crown Land Unit to reach a settlement with Mr. Gilbert Selver, because despite what the Court says about the government taking possession of the property and buildings, Cabinet should go in a different direction, one that protects our people’s interest,” said Edwin Astwood, Opposition Leader, after TCIG published a statement highlighting the win, as they described it.
Selver had been offered the two plots at prices of $30,800 and $ 73,000 respectively before the Crown Land Ordinance of 2012 came into effect. Selver attempted to accept in 2013 after the ordinance which would have impacted the contract.
Initially, The Supreme Court, led by Justice Carlos Simmons had awarded Selver with the 2 parcels and left a different parcel to the crown, a decision which the government contested. The Appeals Court overturned that ruling indicating that his late acceptance and the new ordinance nullified the contract They’ve awarded the land and its buildings to the government to be vacated in 90 days and Gilbert Selver must pay all of the government’s legal fees.
Astwood described the ruling as far from a ‘win’ and refuted the government’s claim that “the principles of justice and fairness” are being upheld by this ruling.
“No Turks and Caicos Islander should be content or in any way agreeable with this ruling. Mr. Selver is a Turks & Caicos Islander Businessman who has invested hundreds of thousands of dollars in developing these properties, and If allowed to be executed, this ruling will greatly hurt the position of this Native Turks & Caicos Islander businessman” Astwood contended.
The Opposition leader says the ruling paints the recently amended Crown Land Ordinance in a menacing, rather than liberating light.
“It cannot be right, and called transparent and accountable crown land practices, when we have in place an informal settlement unit that is seeking ways to regularize persons, the majority of whom are not Turks and Caicos Islanders, who are squatting on government and have constructed entire settlements, adhering to no building codes, no health codes, no electrical codes, No standards of any. But the government is seeking ways to regularize them, while in the same breath, taking everything from a Turks and Caicos Islander through the use of the Crown Land Ordinance,” Astwood said.
He claims that the ruling proves the law is disproportionately skewed against locals.
“It is telling me that only Turks & Caicos Islanders are subject to the laws in the country, others can build where they want, when they want, how they want, and nothing will be done to them. Additionally, after breaking the laws the government is seeking to regularize you. This cannot be right.”
Land is a sensitive subject in the archipelago, with residents finding it expensive and arduous to obtain legally while over 500 acres and counting have been captured by squatters. In addition, it was the reportedly dirt-cheap sale of land to foreign investors that contributed to the UK-led shutdown of the country’s government and constitutional suspension in 2009. That shutdown left the country with a strict land ordinance which made it an even scarcer commodity. That ordinance is slowly being amended following a consultation between the UK and TCIG but Astwood wants faster progress.
“The Government must table a Bill in parliament to amend, or repeal, and replace the Crown Land Ordinance, with land laws that are serving our people in the context and environment that we live in today,” he said.
The opposition leader is also calling on TCIG to return Crown Land to a Ministerial portfolio to make land more accessible.