My Morning Paper –April 5, 2023 – The Responsibility if it All

“Dead in the water – Govt. kills opposition bid for immigration committee” – The Nassau Guardian 21 February 2023; excerpt from this article; “Parliamentarians last night overwhelmingly voted against the formation of a select committee on immigration, as requested by the opposition.

The vote was 22 nays, five yays, and 10 MPs were absent, including Prime Minister Philip Davis and former Prime Minister Dr. Hubert Minnis.

Shortly after the vote, Davis informed the opposition that now is not the time for reports on immigration but action”.

After hearing these words I was assured that Davis and the New Day government was about to rectify a situation that they helped to create shortly after Dorian, so imagine my surprise to find out that the “action” had not yet begun.

“Legal wrangling over shanty town demolitions – Govt. wants order to tear down structures” – The Nassau Guardian 4 April 2023

Excerpt from this article; “The government’s request for a court order to demolish more than 300 buildings in shantytowns across Abaco and New Providence is an attempt to sidestep the law, Fred Smith, KC, argued yesterday, saying that the decision to demolish buildings lies in the hands of the minister responsible for building regulation and not the court.

The government filed a summons and issued notices in both English and Haitian Creole to some residents in shantytowns on Abaco and New Providence who, it argues, breached a Supreme Court injunction by building new structures on the land.

Kayla Green-Smith, who appeared on behalf of the Office of the Attorney General, asked the court to grant an order to demolish the structures and an order for costs.

Both sides appeared via Zoom before Chief Justice Ian Winder yesterday morning.

Green-Smith noted that the government is seeking the demolition of 232 buildings off S.C. Bootle Highway on Abaco; 120 in the shantytown called The Farm located near Treasure Cay; 19 buildings in a shantytown on All Saints Way on New Providence; 14 buildings on Montgomery Road, off Cowpen Road; and five on Butlers Way, off Carmichael Road and Gladstone Road.

Several shantytown residents who were served with notices appeared in court.

Smith, who appeared on behalf of 177 shantytown residents, said the court has no jurisdiction to order demolitions, as the power is vested in the minister.

He argued that what the government is attempting to do is “convert what was a shield of protection into a sword”.

He said there is no jurisdiction in the court to permit that.”, but didn’t Supreme Court Justice Cheryl Grant-­Thompson just overturn her very own ruling on the demolition of shanty town properties and evictions of residents saying that they can resume and are indeed lawful?

So it would appear that the New day government has not begun the works that has already begun under the former Free National Movement (FNM) administration, even after claiming that they had all legal rights to resume the works, and now may be facing the same type of “roadblock” to the demolition of these illegal shanty towns and illegal structures that they once backed when Davis once called for a “halt to Abaco demolitions”; what a turn of events. 

But the argument that that Fred Smith KC presents here is this; “……..the decision to demolish buildings lies in the hands of the minister responsible for building regulation and not the court”, so if this is the case then what exactly is the issue? 

Doesn’t the ministry responsible now have the responsibility to go in and make assessments and say which structures must be demolished? 

Is the Minister with the responsibility willing to take on this responsibility or is he being asked to stand down and let the issue run its course?

Progressive Liberal Party fails for one reason, it is their nature.

END