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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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2 years ago

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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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ANDY BURNHAM, NEW UK PM’S FIRST ORDER: LOWER THE COST OF LIVING

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10 hours ago

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July 21, 2026

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Britain’s new Prime Minister launches his administration with tax relief aimed at easing pressure on household budgets as affordability becomes a defining issue for governments worldwide.

 

By Deandrea Hamilton | Magnetic Media

 LONDON, England — Andy Burnham has wasted little time signaling a new direction for the United Kingdom, making the cost of living the first priority of his administration with a plan to reduce household electricity bills through tax relief.

The newly elected Prime Minister announced that Value Added Tax (VAT) will be removed from domestic electricity bills beginning October 1, describing the measure as part of a broader effort to make everyday life more affordable for working families. The move fulfills a key campaign promise and marks an early shift in the government’s economic agenda.

Burnham inherits a nation still grappling with stubborn inflation, rising household expenses and years of political turnover. His opening policy signals an intention to focus on practical measures that deliver immediate financial relief while restoring confidence in government.

The announcement also resonates across the Caribbean, where affordability remains a pressing concern. In the Turks and Caicos Islands, the Government has just concluded its one-time cost-of-living assistance programme for qualifying residents. While the approaches differ, both reflect a growing recognition that easing financial pressure on households has become one of the defining challenges facing governments today.

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Six Unauthorised Structures Demolished During Multi-Agency Planning Enforcement Operation

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4 days ago

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July 17, 2026

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Before demolition

After demolition

Providenciales, Turks and Caicos Islands – Friday, 17 July 2026: The Planning Department, with support from the Informal Settlements Unit (ISU), and the Crown Land Unit conducted a coordinated enforcement operation on Thursday, 2 July 2026, resulting in the demolition of six unauthorised structures on private property at Block and Parcel 60502/48. Security for the operation was provided by the Royal Turks and Caicos Islands Police Force.

The enforcement action followed the issuance of an Enforcement Notice by the Planning Department on 29 January 2026, advising the persons responsible for the structures that they had been erected without the necessary planning approval and were required to be removed. Following the expiration of the compliance period, a multi-agency operation was organised to carry out the demolition.

Before demolition activities commenced, personnel conducted a comprehensive inspection of the site to confirm that all structures were unoccupied and free of gas cylinders or other hazardous materials. These precautionary measures were undertaken to safeguard the welfare of both the enforcement teams and the public while ensuring the operation was carried out safely and efficiently.

Upon completion of the exercise, participating agencies returned to Police Tactical Headquarters for a debrief, marking the successful conclusion of another coordinated enforcement effort.

The Government of the Turks and Caicos Islands reminds members of the public that all construction activities must receive the appropriate planning approvals before work begins. The Planning Department will continue to work alongside its partner agencies to enforce the Planning Ordinance, promote orderly development and ensure that construction throughout the Islands complies with the applicable laws and regulations.

Members of the public are encouraged to familiarise themselves with the planning approval process and to seek guidance from the Planning Department before undertaking any development to avoid enforcement action and loss of money invested.

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DDME’s Hurricane Hunt Scavenger Hunt Sparks Community Spirit and Storm Preparedness in Providenciales

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6 days ago

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July 16, 2026

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Department of Disaster Management and Emergencies: Providenciales, Turks and Caicos Islands — Fifteen teams raced across Providenciales on Saturday July 4th for the inaugural DDME Hurricane Hunt, a community scavenger hunt designed to combine friendly competition with hurricane preparedness education.

Teams were given a bag of supplies and 15 cryptic clues, participants had less than two hours to pinpoint locations and collect hurricane must-haves; including water jugs, shovels, flashlights and other supplies that every household should have on hand ahead of a storm.

The challenge tested not only participants’ local knowledge and navigation skills, but also their teamwork under time pressure; all while reinforcing practical lessons about what it takes to stay ready when a storm approaches.

Beyond the hunt itself, the event drew a lively crowd of families and supporters who turned out to enjoy a full day of festivities. Attendees took part in games, received free gifts, face painting, canvas painting, bounce houses and visited vendor booths; while enjoying fresh food off the grill throughout the afternoon.

“This event brought together the best of both worlds; a fun, high-energy competition and a meaningful reminder of how important it is for our community to be prepared,” Mr. Aaron Ballantyne, Community Preparedness Officer for Providenciales. “Seeing 15 teams fully engaged, racing to landmarks across the island while learning what belongs in a hurricane kit, was exactly the outcome we hoped for.”

DDME extends their sincere gratitude to the stakeholders that partnered with the event and generously donated their time, resources and efforts to make it a success: The Turks and Caicos Islands Red Cross, The Oseta Jolly Primary School, The Royal Turks and Caicos Islands Police Force, Do It Center (Building Materials), KB Homes, Digicel TCI, Frost Cay and Clint Grilling and Catering Services, along with all other vendors who were solicited.

The event’s success was also made possible by the private organizations and government departments that opened their locations to serve as scavenger hunt sites, allowing the hunt to unfold across the island; from Chalk Sound to Long Bay.

The quick thinking first place team consisted of; Neekimo King, Keturah Miller-Brown, Lashaunda Dickenson and Kebba Thomas who all walked away with exciting prizes.

Ms. Bernadya Smith, Public Information and Media Manager stated; “With hurricane season underway, this event, along with our recent Hurricane Expo held in Grand Turk and community pop-ups throughout the country, is a testament to DDME’s commitment to blending community engagement with year-round storm readiness. We look forward to making this event an annual staple that brings families together while keeping preparedness at the forefront of every community we serve.

Follow DDME social media pages to stay up to date with upcoming events and to join their weekly quizzes for a chance to win exciting prizes all hurricane season long.

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