Opposition and PDM Leader Hon. Astwood has weighed in on the ruling the Court of Appeal, which ruled that local citizen Gilbert Selver unlawfully occupied Crown Land and gave him a short time to vacate the properties.
The following is the opposition leaders response:
While we respect the jurisdiction of the Courts, we do not always agree with its rulings. To that end, I do not agree with the Turks & Caicos Court of Appeal ruling against our local businessman Mr. Gilbert Selver.
The Court ordered that the Turks & Caicos Government (TCIG) be entitled to the possession of the named three parcels of land. Additionally, the Court ruled that TCIG is entitled to all attached buildings and/or infrastructural works attached to the land, and no compensation is payable to Mr. Selver, and he must pay TCIG’s legal costs in the Supreme Court and the Court of Appeal. Also, Mr. Selver must vacate the named parcels of land within 90 days from the date of the Order.
It is my opinion that this judgment DOES NOT “reaffirm 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." I do not think that “the principles of justice and fairness” are being upheld by this ruling.
No Turks and Caicos Islander should be contented 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.
This ruling also demonstrates that the Crown Land Ordinance is not in the interests of Turks & Caicos Islanders. It cannot be right, and called transparent and accountable crownland 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 land 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.
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.
A caring government would be seeking ways to regularize its people, not allowing their life’s work to be taken away.
This Crown Land Ordinance needs to be reformed to make it easier for Turks & Caicos Islanders to apply for and obtain Commercial and Residential Crown Land. The system currently being used should be discontinued immediately, and replaced with a more equitable and justifiable process for the distribution of crown land.
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. 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, which is protecting Mr. Selver’s interest.
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.
The PDM’s position is that Crown Land must return under a Minister and a Ministry of Government, so that Crown Land can be readily accessible to our people of the Turks & Caicos islands for both commercial and residential development, in a transparent, justifiable, and responsible manner.