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THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS SUCCESSFULLY DEFENDS JUDICIAL REVIEW APPLICATION BROUGHT BY FORTIS TCI LTD AGAINST THE ENERGY AND UTILITIES COMMISSIONER

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Providenciales, Turks and Caicos Islands, 23rd July 2024 – On 8th November, 2023, Fortis TCI Limited (“Fortis”) brought judicial review proceedings against the current Energy and Utilities Commissioner and Her Excellency, the Governor of the Turks and Caicos Islands alleging that the Commissioner has a personal background in and a vested financial interest in the supply of solar installations which was incompatible with his role as the Commissioner under the Electricity Ordinance and proposed new Renewable Energy and Resource Planning Bill and was therefore affected by apparent bias. Fortis also challenged Her Excellency the  Governor’s decision not to reconsider the continued appointment of the current Energy and Utilities Commissioner considering the their allegations.

Fortis urged the Supreme Court to:

  1. Declare that the Commissioner is subject to apparent bias and so should recuse himself from all matters concerning Fortis, as a result, and thereby that it is impractical for the Commissioner to continue in office.
  2. An order of mandamus directing the Governor to consider whether the Commissioner can continue in that post in light of those allegations.

Following many months of arguments about whether the matter should be allowed to go ahead at all, the Governor was removed from the proceedings because she was not the correct party, and the Deputy Governor was substituted.  The substantive Judicial Review Hearing took place on 20th June 2024 during which the Court heard arguments from both sides and had the benefit of substantial affidavit evidence from both sides.

In a decisive ruling, delivered on 19th July 2024, His Lordship Mr. Justice Chris Selochan found in favor of the Government, affirming that there was no evidence to support the claims of apparent bias against the Energy and Utilities Commissioner.

While the written ruling is pending the Court read out in open court a summary of its decision to dismiss Fortis’ application for judicial review.

The central issue the Court had to ask itself was whether the Commissioner should be disqualified from holding that position on the ground of his personal interest in a company involved in solar energy in the Bahamas.

The Hon. Attorney General Rhondalee Braithwaite Knowles OBE KC, Principal Crown Counsel Clemar Hippolyte and Senior Crown Counsel, Khadija Mac Farlane made robust arguments and provided affidavit evidence demonstrating the Commissioner’s early disclosures, compliance with the Integrity Commission’s advice and his general adherence to legal and ethical standards.

Having agreed that the test for apparent bias was not whether Fortis or any other interested party thought there was bias but rather is whether the fair minded and informed observer, having considered the facts, would conclude that there was a real possibility that the decision-maker was biased, the Court found that the fair-minded and informed observer would consider, inter alia, the following:

  1. The position of the Commissioner requires specialist knowledge and experience;
  2. The TCIG and Fortis had on 22 April 2022 signed a climate change charter which predated the Commissioner’s appointment;
  3. The Commissioner’s role and functions do not primarily involve formulation of policy.

While the fair-minded observer may have concerns about the Commissioner’s involvement in his company in the Bahamas, these concerns are assuaged by the fact that the Commissioner disclosed the same to the TCIG and the Integrity Commission at the earliest opportunity.

The Court also stated that it cannot be disputed that Commissioner’s role involves interfacing with Fortis on energy related issues, however, the Court was of the view that the fair-minded and informed observer would not conclude that the Commissioner was involved in advancing the cause of renewable energy for his own self-interest.

The Court was of the view that the fair-minded and informed observer would find that the fact of the Commissioner having a business in Bahamas as opposed to the Turks and Caicos Islands, was too tenuous of a link to establish apparent bias.

The Court further found that the fair-minded and informed observer would also note that the Commissioner sent several correspondences to the Integrity Commission seeking to clarify advice from the Integrity Commission upon taking up his office and had adhered to that advice.

The Court was therefore not satisfied that the Commissioner is subject to apparent bias and dismissed Fortis’ application for judicial review.

The Minister for Public Safety and Utilities, Hon. Kyle Knowles said “The Government is undertaking significant reforms in the energy and utilities sector which will build a firm foundation for a strong energy future in the Islands.  The Government’s successful defense in this matter signals that whilst the Government remains committed to maintaining the integrity and transparency of its regulatory processes, independent judicial scrutiny of the Deputy Governor’s decision not to remove the current Commissioner in the face of the allegations brought by Fortis, give credence to the Government’s well placed confidence in the professionalism, fairness and impartiality of the current Energy and Utilities Commissioner’s actions.  The Government is committed to upholding the rule of law and ensuring that all officials perform their duties in keeping with the highest ethical and professional standards. This ruling is a testament to the rigorous standards of accountability and transparency that the Government strives to maintain.”

Commenting on the ruling, the Honourable Attorney General said, “We are incredibly pleased with the Court’s decision, which confirms our position that the Deputy Governor and the Energy and Utilities Commissioner acted appropriately throughout, without bias and in full compliance with the law. This outcome reaffirms my Chambers’ dedication to assisting TCIG decision-makers to ensure that their decision-making is sound, fair and impartial.  It also affirms the advice of the Compliance Unit of the Integrity Commission which had earlier considered the circumstances and advised the Commissioner on handling.  The Commissioner, having acted faithfully in keeping with that advice, is also vindicated. We are relieved for the Commissioner who ably withstood the personal and professional pressures this challenge brought yet continued to press forward with the Government’s agenda in the face of it.”

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Mother’s Pride Headlines Bahamian Takeover at Sixers-Heat Clash in Miami

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The Bahamas, March 30, 2026 – The voice of a proud mother captured the spirit of a nation Monday night, as Bendra Rolle shared heartfelt reflections on the overwhelming Bahamian support for her son, VJ Edgecombe, during the Philadelphia 76ers matchup against the Miami Heat in Miami.

“The patriotic support and scenery at my son, VJ Edgecombe’s NBA game… was overwhelming,” Rolle said in a statement issued following the game. “The arena in Miami was lit. Bimini and the Bahamas showed up and showed out.”

Her words come amid what has already been widely described as a remarkable showing of national pride, with Bahamians traveling in large numbers to South Florida to witness the young guard’s continued rise. For Rolle, however, the moment extended far beyond basketball.

“Beyond VJ’s basketball talents, I’m so moved by his magnetic personality and personal journey to inspire and excite an entire nation—our beloved Bahamas,” she said. “I thank God for VJ’s humility and for his hunger for greatness. He never forgets how far God has brought us.”

While the Sixers did not secure the win on the night, Edgecombe delivered a solid individual performance, finishing with 13 points and five assists. He made an early impact on the game, showing confidence and poise before foul trouble disrupted his rhythm, but still managed to leave his mark in meaningful minutes.

The game itself evolved into a cultural showcase, with Bahamian flags waving throughout the arena and chants ringing out in support of Edgecombe. Much of that presence was bolstered by a coordinated travel push from Bahamasair, which helped facilitate fan travel and added to the electric atmosphere in Miami.

Rolle said the emotional weight of the moment was deeply felt by her family, as they witnessed firsthand the unity and pride of the Bahamian people.

“Thanks and love for the tears and overwhelming joy on Monday, Bahamas,” she expressed. “The Bahamian flags were love, loud, and proud. On my own behalf, VJ, and the entire family, I am ever grateful for the indescribable experience.”

Her closing words underscored what many have described as the true victory of the night—not the final score, but the powerful display of national pride and support surrounding one of The Bahamas’ rising stars.

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50 Years of Ministerial Government: Cabinet Moves to Mark Milestone Rooted in 1976 Constitution

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Turks and Caicos, March 30, 2026 – The Turks and Caicos Islands is preparing to mark a major political milestone, with Cabinet approving the establishment of a National Commemorative Committee to celebrate 50 years of ministerial government, a system first introduced under the 1976 Constitution.

The decision, confirmed in the February 10 Post Cabinet statement, signals a year of reflection on a governance model that fundamentally reshaped how the country is run — shifting from direct colonial administration toward locally led political leadership.

That shift was formalized in the Turks and Caicos Islands Constitution Order 1976, which laid the legal foundation for ministerial government and introduced a structured Executive and Legislative system.

At its core, the 1976 Constitution established an Executive Council, bringing together:

  • a Governor,
  • a Chief Minister elected by members of the Legislative Council,
  • and Ministers appointed to assist in governing the Islands.

A Very Different Government Back Then

If today’s Cabinet feels crowded, the 1976 version would have seemed almost unbelievable. There were just three Ministers serving alongside the Chief Minister — a tight, compact leadership team responsible for the affairs of an entire country. No sprawling list of ministries, no long roster of portfolios — just a handful of individuals carrying the weight of governance.

Becoming a Minister wasn’t a direct vote of the people either. You first had to win a seat in the Legislative Council, and from there, the Chief Minister would recommend who should serve. The Governor then made the appointments. In other words, political trust and alignment mattered just as much as public support — and ultimate authority still rested above the local leadership.

And as for job security? There wasn’t much of it. Ministers served without fixed terms and could be removed if they lost their seat, resigned, or if the Governor revoked their appointment. Even the Chief Minister could be ousted through a vote of no confidence. Add to that the basic requirements — being at least 21, a British subject, and meeting residency rules — and it’s clear that ministerial government in 1976 was not only smaller, but far more tightly controlled.

This marked the first time elected representatives were formally given defined roles in the administration of national affairs.

Under the Constitution, the Governor retained overarching authority, but was required in many instances to act on the advice of the Executive Council, particularly in shaping policy and overseeing government operations.

The Chief Minister, meanwhile, was positioned as the central political leader, responsible for directing government business and advising on the appointment of Ministers.

Importantly, the Constitution also allowed for the assignment of responsibilities to Ministers, giving them oversight of specific areas of government — a structure that remains at the heart of today’s Cabinet system.

Section 13 of the Order made clear that Ministers could be assigned responsibility for the administration of departments or government business, embedding accountability and functional governance into the system.

The Legislative Council, established alongside the Executive, provided the law-making body, with elected and appointed members participating in debates, passing legislation, and representing the interests of the Islands.

Together, these provisions created the framework for what is now recognized as ministerial government — a hybrid system balancing local political leadership with constitutional oversight by the Governor.

The explanatory note of the 1976 Order describes it as introducing “new provisions for the Government of the Turks and Caicos Islands,” including the creation of a Legislative Council with elected members and Ministers appointed on the advice of the Chief Minister.

Fifty years on, that structure has evolved through subsequent constitutional changes, but its foundation remains rooted in the 1976 framework.

Cabinet’s decision to establish a commemorative committee suggests that the anniversary will not only celebrate political progress, but also invite reflection on how effectively the system has delivered on its promise of representation, accountability, and governance.

As the Islands approach this Golden Jubilee, attention is likely to turn not only to the achievements of ministerial government, but also to the ongoing question of how the system continues to serve a modern and rapidly developing Turks and Caicos Islands.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Government Moves to Amend Destination Management Fee Law

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Turks and Caicos, March 30, 2026 – The Turks and Caicos Islands Government has signaled changes to its tourism funding framework, with Cabinet approving draft amendments to the Destination Management Fee Act 2023.

The decision was confirmed in the Post Cabinet statement following the February 5 meeting, chaired by Governor Dileeni Daniel-Selvaratnam, where members agreed to move forward with revisions to the law governing the collection and administration of the fee.

The Destination Management Fee, introduced in 2023, is applied to travelers entering the country and is embedded within the cost of travel. The charge was designed to support tourism-related development, including marketing, infrastructure, and sustainability initiatives.

At the time of its introduction, the fee was linked to the establishment of a Destination Management and Marketing Organisation (DMMO), which was expected to coordinate tourism strategy and enhance the visitor experience.

However, recent developments have shifted that landscape.

The DMMO has since been discontinued, raising new questions about how funds generated through the fee are being managed and what structure will now guide tourism development efforts.

The Cabinet note does not outline what specific changes are being proposed under the amended legislation.

It also does not indicate whether adjustments will be made to:

  • who pays the fee,
  • how it is collected, or
  • how the revenue is allocated and overseen.

The move to amend the law comes amid broader government efforts to strengthen revenue collection and compliance, including updates provided to Cabinet on the work of the Drag-Net Steering Committee — a multi-agency initiative focused on improving government revenue systems.

The lack of detail surrounding the amendments leaves several key questions unanswered, particularly given the fee’s direct impact on both visitors and residents and its role in supporting the country’s tourism economy.

Any changes to the Act would require further legislative steps, including presentation to the House of Assembly, before taking effect.

For now, the Cabinet’s approval signals that the government is moving to revise a policy that is already in force — but without yet disclosing how those revisions will alter the current system.

As tourism remains the backbone of the Turks and Caicos Islands economy, clarity on the future of the Destination Management Fee — and the framework it supports — is expected to be closely watched in the weeks ahead.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

Photo Credit: TCIAA

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