SHANTY WIN - BUT FOR JUST TWO HOMES: OAG sought demolition for more than 260 shanty sites in Nassau and Abaco

As of Thursday, May 4, 2023

By Leandra Rolle

Tribune Staff Reporter

lrolle@tribunemedia.net

CHIEF Justice Ian Winder ordered the demolition of shanty town structures belonging to just two people in The Bahamas yesterday, far fewer than the government had sought.

The Office of the Attorney General wanted the Supreme Court to order the demolition of more than 260 structures in New Providence and Abaco that were built despite an injunction prohibiting such construction. However, the Chief Justice found that people were not properly notified of that injunction and could not be penalized for the breach.

If it stands, the ruling closes one avenue the Davis administration pursued to begin eradicating shanty town structures. The onus is now fully on the Minister of Works to initiate a process under the Building Regulations Act.

Before ruling earlier this year that the Minnis administration’s shanty town eradication policies were lawful, Justice Cheryl Grant-Thompson made an Order prohibiting the construction, erection or alteration of buildings or structures in shanty towns throughout the country.

After the injunction was discharged, the OAG asked the Supreme Court to demolish structures built in breach of that injunction.

An affidavit from Building Control Officer Crag Delancy said there had been an “exponential increase in the amount of illegal structures,” a conclusion CJ Winder accepted.

Mr Delancy found that illegal structures expanded by 41 on the north side of SC Bootle Highway, Marsh Harbour; by 53 on the south side of SC Bootle Highway, Marsh Harbour; by 80 in the Farm near Treasure Cay, Abaco; by 13 in All Saints Way, New Providence; and by 15 and 27 in the New Providence communities of Montgomery Road and Butlers Way.

Government lawyers argued shanty town residents had adequate notice of the injunction, citing press statements and communications from government officials.

“…I do not find that there is adequate evidence that anyone other than the parties to this action could be said to have properly had notice of the injunction,” CJ Winder said in his ruling. “The respondents took no steps in accordance with the rules, to substitute service of the injunction on persons who they say are/were unknown to them. A simple Order for the posting of the Orders on the doors of the residents, as was done to cause the additional occupants to attend court in this application, could have been obtained. Further, while there may have been press statements and notices placed in certain communities, this was not done with the authority of an Order for substituted service.”

“It is only persons who can be fixed with notice of the Order that could be said to have been in breach. The broadcasting of the information or its general distribution could not properly suffice.”

Nonetheless, CJ Winder said two people, Rose St. Fleur and Aviole Francois-Burrows, were aware of the injunction Order, having consented to it.

“I am satisfied that (their) breach is willful,” he wrote.

He said while the power to demolish buildings that fail to comply with the building code rests with the Minister of Works, the Supreme Court can enforce a court order by ordering the demolition of a structure constructed in defiance of that court order.

“In a case such as this, where the Order of the Court is being openly flouted, the administration of justice is being brought into disrespect and disrepute,” he wrote. “The Court has an inherent jurisdiction to protect its process and I am satisfied that the Court is empowered to cause those applicants who have breached the Order to remove these offending structures.”

CJ Winder ordered that Ms St. Fleur and Ms Francois-Burrows’ “offending structures” be removed within 45 days, failing which the government may remove them at the expense of the women.

Yesterday, Prime Minister Philip “Brave” Davis said he had not studied CJ Winder’s ruling.

“We’ll abide by that decision unless it is overturned,” he said.

Works and Utilities Minister Alfred Sears, chairman of the Unregulated Communities Action Task Force, declined to comment on the ruling.

birdiestrachan 12 months ago

This was expected watch the tone, how much how much notice is need,

stillwaters 12 months ago

Two? Wow........

stillwaters 12 months ago

They put Winder in charge of making some huge decisions because they have already told their puppet Chief Justice how they want things to pan out.

melande 12 months ago

just two on all saints way.

SP 12 months ago

Is Ian Winder one of the tens of thousands of "them" hiding in plain sight behind a Bahamian name, or is he one of us?

Does anyone know the facts?

stillwaters 12 months ago

Don't know, but he sure looks like Clint's twin brother.

realfreethinker 12 months ago

Is he fa real?

birdiestrachan 12 months ago

Solomon was a wise judge a God given gift ,

realitycheck242 12 months ago

The decision to demolish buildings lies in the hands of the minister responsible for building regulation and not the courts......Not JUDGES ....This just shows how lousy the PLP government is in hiding behind the courts. After the first injunction was lifted demolition should have Began. The PLP playing with the Bahamian people on this issue.

birdiestrachan 12 months ago

Maybe Mr Ralph Gonsalves may be correct I was hopefully that he was wrong too bad to sad

melande 12 months ago

How was I properly notify when I was to work. When Ministry of Works left a notice to attend court I did because I knew that I have a permit from Ministry of Works from 2013 that was approved. They say I willfully broke the law when I did not. Ministry of Works and The Court just drag who ever attended court. I may be a no body to the Bahamian public eyes but I still love The Bahamas. Born and raise here in Nassau Bahamas. I love my country and I would fight for my country. I am not looking for pity, go ahead Bahamas break down my place. Embarrassing me putting my name like that all over the place. Now people at work will be looking at me and talking about me. For those who will say "you should not have built." I never built yet, only a small storage to keep some stuff. Now thanks to the Bahamas I am a shame of my name. A shame the day my mother named me.I do not live in a break down place. I would like to say thank you to everyone that are making me feel this way. Thank you Ministry of Works. Thank you to The Courts and The judge. May my pain me your pleasure. May my sorrow brings laughter to your face. May my hurt stop all the killings in the 242 and when I die may my death bring peace over the land. Love and will always love my country

from me

birdiestrachan 12 months ago

it is wrong to build shanty towns it can not be right for some and wrong for others , what does it do to the environment , it is against the law , is the law only for some and not for others there are many here from different countries should they also be allowed to build shanty towns,,

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