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ANARCHY

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Who is behind the New Political Chaos in Turks and Caicos Islands?

MEDIA STATEMENT BY ACTING ATTORNEY GENERAL RHONDALEE BRAITHWAITE-KNOWLES ON CHALLENGES AGAINST MEMBERS OF PARLIAMENT

“Separate and apart from the confidential declaration required to made to the Integrity Commission under the Integrity Commission Ordinance by a person in public life, the Constitution requires a candidate for election, on nomination day to make a declaration that he or she is qualified for election and that no disqualification mentioned in section 49(1) of the Constitution applies to him or her. In addition, section 49(1)(f) of the Constitution requires such a candidate to notify the Integrity Commission, prior to nomination day, of the existence of any contract between that candidate and the Government. Failure to so notify the Integrity Commission would result in a candidate being disqualified to stand in an election.

“Following receipt of copies of the section 49(1)(f) Notices and related correspondence supplied to me by the TCI Integrity Commission and having caused background research to be undertaken in the Lands Division of the Chambers, I have come to the conclusion that I should act under section 50(3) of the Constitution, and today a challenge to the veracity of the declaration made by Ms. Amanda Missick, PNP candidate for the upcoming by-election in the Cheshire Hall and Richmond Hill Electoral District on 22 March 2013 has been filed before the Supreme Court.

“On the basis of the background research undertaken I have also come to the conclusion that the election of certain sitting members of the House of Assembly should be challenged under section 53(2) of the Constitution. In that regard, challenges have also been filed today before the Supreme Court challenging the elections of Mr George Lightbourne elected member in the House of Assembly for the Grand Turk North Electoral District; Mr. Edwin Astwood elected member in the House of Assembly for the Grand Turk, South Electoral District; Mr. Derek Taylor member in the House of Assembly for the All Islands Electoral District; Mrs. Josephine Connolly elected member in the House of Assembly for the All Islands Electoral District and Delroy Williams elected member in the House of Assembly for the Wheeland Electoral District.

“The basis of each of these challenges is that when each of the individuals made their section 50(1) Nomination Day declaration to the Supervisor of Elections for the 9th November 2012 General Election and the upcoming 22nd March 2013 by-election, a disqualification mentioned in section 49(1)(f) applied to each them in that each of them has a contract with the Government which, by that date, they had not given notice of to the Integrity Commission, as required by section 49(1)(f) of the Constitution. The type of contract in each case is a charge to secure the payment to the Crown of a “Belonger Discount” (applicable under the Crown Land Policy) in the event of a sale in prescribed circumstances.

“I have asked the Court to determine whether in each case, the individual is or is not qualified to be an elected member of the House considering the failure to give notice of the respective charges.

“The Constitution provides for a process for challenge in each of these cases in the public interest. If the Court determines that each member is disqualified then,

a) In the case of Ms. Missick, she will not be able to stand for election on 22nd March and the sole remaining candidate will be declared elected;

b) In the case of the members of the House of Assembly, their seats will be vacated and a by-election will have to be called. A decision on their disqualification would not prevent them from standing in a subsequent by-election called as a result.

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Dellis Cay Groundbreaking June 2008

Dellis Cay Groundbreaking in June 2008.
Please click on the link and watch the video.

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Life of Cem Kinay, Developer of Dellis Cay Turks and Caicos Islands

Life of Cem Kinay,Developer and owner of Dellis Cay in Turks and Caicos Islands

PLEASE CLICK  ON THE LINK TO WATCH THE VIDEO

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Dellis Cay Future

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Turks and Caicos Premier’s Response to UK Minister Mark Simmonds

Hon. Premier’s Response to Mr. Mark Simmonds Re: VAT

Minister Mark Simmonds MP
Minister for the Overseas Territories
Foreign & Commonwealth Office
King Charles Street
London SW1A 2AH
Dear Minister Simmonds,
I acknowledge receipt of your letter of the 25th instant. As your letter does much more than convey the decision of Her Majesty’s Government not to implement VAT come April 1st, my sentiments were that it required more than a mere acknowledgment of receipt.
The Turks and Caicos Island Government does not doubt your commitment to the development of the TCI and so to the extent that we disagree it must necessarily be on our respective paths to that end. In turn I hope that Her Majesty’s Government recognizes that the commitment of the TCI Government to the economic, social and indeed political development of the TCI must be greater, not least because that development benefits Turks and Caicos Islanders and all those who call these Islands home.
In that context and in the true spirit of partnership I trust that HMG will allow the TCI Government the discretion to implement those policies which in our view, will result in our economic recovery and social development. We cannot bear the responsibility of ensuring sound finances without a commensurate degree of autonomy with respect to revenue generation and spending initiatives.
I can say without fear of contradiction that our Government has always been open to frank debate and compromise with HMG and all its representatives. We will not, however, allow our desire for compromise to cause us to abdicate our responsibility to the people of the TCI. I turn now to the several issues in your letter that require specific comment.
Government of the Turks and Caicos Islands
You have invited the members of the Assembly to condemn what you describe as “vitriolic public attacks” on members of the judiciary and public servants. I do not know what it is you describe as vitriolic public attacks as you have provided no example. In any event I am sure that like me, my colleagues in the House would be slow to take any position that would leave any person in this country feeling that they are unable to comment on matters of public importance or to be critical of any institution or public officer.
The concept of free speech is a bastion of democracy. It is a check and balance against tyranny. The essential ideal of self government by the people is undermined if those in power are able to manipulate the electorate by either withholding information or stifling criticism. It was the English author Edward Bulwer-Lytton who wrote: “Beneath the rule of men entirely great. The pen is mightier than the sword”. It is therefore no wonder that the right of free speech has been described as “a safety valve to let off steam when people might otherwise be bent on revolution”. Those who abuse the right of free speech open themselves to criminal prosecution or civil suit. The courts in my view are best suited to determine whether laws have been breached or whether unabashed but otherwise lawful criticism, is being characterized as vitriolic public attack.
You have also denounced the Assembly’s decision to bring the VAT Repeal by way of Private Members Motion as being unacceptable. The Bill was neither conceived nor presented as a Government Bill with the result that both Cabinet and the Attorney General’s Chambers were properly excluded. The purpose of the Bill was to repeal legislation passed by the Interim Administration. The Interim Administration was headed by the same Governor who continues to be the President of the Cabinet and who together with the FCO had much vested in the VAT Ordinance. It would in the circumstances, be foolhardy for a Parliament that was united in its resolve to see the Ordinance repealed, to seek to have the Repeal Bill originate in a Cabinet where the Opposition does not have a voice and where the Governor wields disproportionate power and influence to the extent that he may refuse to have the question of the Repeal Ordinance placed on the Cabinet Agenda.
The fact that the Governor has refused to assent to the Repeal Bill and that you have failed to instruct him to assent to it and his comments immediately following the passage of the Bill through the Assembly, is justification enough for our decision. The members of the Assembly are bound by the Constitution and the laws of the Turks and Caicos Islands generally and we each have a duty to represent the best interest of the Turks and Caicos Islands. In acting as we did we have been true to both law and duty and in the circumstances we need neither the blessing nor approval of the FCO. That you have ascribed a sinister motive to our action is indeed regrettable. Your castigation of the Assembly’s actions in the way that you have could leave one with the clear impression that you see the Assembly as no more than an extension of the Executive and that is likewise most unfortunate.
Finally we remain concerned that you have decided against instructing the Governor to assent the Repeal Bill. Unless the Bill is assented to, the people of these Islands will continue to question Her Majesty’s Government’s commitment to the ideals of democracy in the Turks and Caicos Islands and that will not augur well for the partnership that we are desirous of building.
The Government will likewise have legitimate reason to believe that there is not a genuine intention on the part of Her Majesty’s Government to allow the TCI Government to move forward unimpeded. There will always be the real threat that the VAT can be implemented by the stroke of a pen without the need for further debate. I am firm in my conviction that on the question of VAT the only fair solution is for the Ordinance to be repealed thus removing once and for all the possibility of taxation without representation. I hope that you will give this course further consideration.
For the reasons you indicate I am likewise copying this letter to the Leader of the Opposition.
Sincerely
Dr. The Hon. Rufus W. Ewing
Premier, Turks and Caicos Islands

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