A group of residents and citizens from the Turks and Caicos Islands staged a peaceful protest at the National Stadium on Thursday July 22, 2010, demanding that the sports complex be returned to the people of this country.
Bearing a variety of placards, the demonstrators marched around the track followed by police officers and watched by several spectators in the bleachers of the stadium, located at Venetian Road, Providenciales.
The $15million sports facility which hosted the 2007 CARIFTA Games, was built by the former Progressive National Party (PNP) Government on land that is owned by the neighbouring British West Indies Collegiate/TCI Education Foundation who seized the stadium, sparking a national controversy.
The majority of those who attended the demonstration were heard expressing their anger, hurt, outrage and disappointment about the decision by the TCI Education Foundation to repossess the stadium.
Speeches were made by former PNP Government Ministers Jeffrey Hall, McAllister Hanchell, Lillian Boyce, former Premiers Michael Misick and Galmo Williams, PNP leadership candidate E. Jay Saunders, political activist Ron Higgs and a number of other young people.
Another PNP leadership candidate, Carlos Simons, QC, was also in attendance by did not speak, as was former PNP Minister Wayne “Major” Garland.
In one voice, those who spoke said that the acquisition of the national stadium by the Foundation was wrong and unfair in principle, and that the action showed blatant disrespect and lack of care for the people of the Turks and Caicos Islands.
In a press release issued on Wednesday, attorney for the Foundation Richard Savory said the land currently occupied by the National Stadium in Venetian Road, Providenciales is owned by the TCI Education Foundation, a charity that owns and operates the British West Indies Collegiate, the adjacent secondary school.
He said the Foundation started the Collegiate in 1993 with the express purpose of providing a high quality education to the youth of the Turks & Caicos Islands and to equip them to reach top positions in business and in government.
Thanks to the generosity of private donors, millions of dollars have been spent in developing and operating the Collegiate, where Belongers have historically comprised more than 70% of the student population, he said.
Savory added: “As a charity, the Foundation’s sole objective is to make positive contributions to the community and the people of the Islands.
The Collegiate used to have its sports-field where the Stadium is now - see the accompanying satellite image from June 2003. In 2006, the Government approached the Foundation asking to use the Collegiate’s running track for the CARIFTA Games. The Foundation agreed that the Stadium could be built on the land on certain terms, but none of those terms were ever honoured. In fact, more land than was agreed was built on to create a ‘VIP car-park’, leaving the Collegiate without a large part of the land needed for future school facilities.”
“Since construction of the Stadium started, the Foundation tried to formalise an agreement with the Government regarding the land. The Minister at the time, McAllister Hanchell, would not meet or enter into any communication on the subject. Apart from the initial discussions before the Stadium was built, the Foundation was unable attract the attention of anyone in Government, and its various proposals as to ownership and management were left unanswered.”
Savory said the Government gave the contract for building the Stadium to Herzog Caribbean.
“There was no tender process. The amount paid to Herzog was reportedly in the vicinity of $10,000,000. The Foundation was excluded from the construction process and has not been given any evidence of the cost. It is not known whether the Government itself has reviewed the transaction. Without any consultation with the Foundation, the Sports Commission was given the job of managing the Stadium, in breach of the Government’s agreement that, following the CARIFTA Games, the Stadium would be managed by a committee made up of nominees of the Foundation and the Government,” he added.
“As a matter of law, things that are built on land become the property of the landowner. The Government knows this, and has always known it. As matters now stand, the Government has no legal interest in the Stadium. Despite the Foundation’s crucial help in making the Stadium a reality, the Government treated the Foundation as if it didn’t exist. For four years, correspondence and communications from the Foundation were totally ignored. This is like your neighbour building a house in your front yard, and then acting as if they don’t know you.”
Savory said the Foundation purchased 11½ acres from Provident Ltd in 1995 as a site for the Collegiate. The first buildings were completed in 1996 and in the years since there have been a number of additions, including a basic sports-field and running track that was built in 1998. Following the Government’s approach in 2006 (and with its full knowledge), the Foundation negotiated the purchase of another four acres from Provident Ltd.
This, he said, was to accommodate CARIFTA’s stipulation that the running track must have a north-south orientation. Because the land purchased by the Collegiate was part of a much larger parcel (originally demarcated as an air-strip), it was necessary for surveys and subdivisions to be completed. Changing circumstances relating to the larger parcel over the years resulted in various delays that prevented the registration of the Foundation as proprietor.
In the meantime, the Foundation was the beneficial owner of the land it had purchased. After a final survey and subdivision that took account of the Stadium, as completed, the Foundation was finally registered as the proprietor in April this year. Registration did not take place until the Government had been given every opportunity to enter into discussions with the Foundation about the terms on which the land could be turned over to the Crown.
According to Savory, after several attempts to invite the Government to engage in discussions with the Foundation, the Government informed Provident’s lawyers on 24 November 2009 as follows: “The transactions between Provident Limited and BWIC are matters for you and your client to consider and as such the Ministry of Environment and District Administration has no comment at the moment.”
Following registration, he said, the Foundation renewed its efforts to get the Government interested in discussing the proper management of the Stadium for the benefit of the public, and the protection and redressing of the rights of the Foundation as proprietor. Finally, on 9 July, the Advisory Council directed the Ministry of Education and the Attorney General’s office to meet with the Foundation; but still nothing happened.
The Foundation came reluctantly to the conclusion that it could not allow the confusion to continue indefinitely, and could no longer justify the substantial cost of repeated communications with the Government that were routinely ignored.
Savory added: “Very reluctantly, and without any wish to restrict its use, the Foundation and has asserted its legal possession of the Stadium in its capacity as registered proprietor. By an interim agreement made with the Sports Commission, the Commission will remain as manager of the Stadium until agreement with the Government is reached, provided that happens expeditiously. The members of the Sports Commission undertook to do their best to bring the Government to the table. It was also agreed that the Foundation has access to the Stadium as owner, and will keep security personnel posted there. For the record, the Foundation is not demanding immediate payment of compensation and has no intention of interrupting the use of the facility by other schools, sports bodies and persons taking their exercise. Naturally, the Foundation acknowledges that the improvements to the land were paid for by the Government. The Foundation’s only wish is to put in place a formal, and fair, arrangement that recognises the interests of both the public and the Foundation, and ensures transparent management of the Stadium into the future. It was always envisaged that the arrangement would include a provision giving the Government the option to buy the land if it wants to.
Now that the Foundation has asserted its ownership of the Stadium land, it is very much hoped that the arrangement will be formalised sooner rather than later.”
Posted July 23 2010