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Wilkie Arthur in Civil Suit vs DMV & AG; calls demand for 11 years of Driver’s License fee unfair

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By Wilkie Arthur

Freelance Court Reporter

 

 

#TurksandCaicos, July 17, 2023 – Wilke Arthur was on July 4, 2023 in court not as court reporter but in a civil proceeding as plaintiff or appellant as he had filed against the Hon Attorney General and the Director of the Department of Motor Vehicles.

His issue or claim in the civil proceedings was that since being released from the Department of Corrections and Rehabilitation (DCR) or the prison after serving an 11 year prison term, he attempted to take the lawful steps in renewing his driver’s license; that effort has been fraught with challenges, Arthur filed at the court.

In his submission, Arthur says he was told he has to pay the annual license fee for the past near 11 years.  Arthur explained he requested to see the director who said the fee has to be paid based on TCI law.

While all who faced the law have been compliant and paid the years and years of fees, Arthur informs that he reminded the Director that he was in prison and under no circumstances he should be compelled to pay for back fees when he have snot driven on the streets of the TCI for years. His driver’s license expired while he was in prison and obviously renewal was out of the question whilst incarcerated.

After the back and forward between the Director of the Department of Motor Vehicles and the plaintiff, Wilkie Arthur researched the law and sought further legal assistance and found where any person who is aggrieved or dissatisfied with any decision of the Director may appeal to the Magistrate court.

On July 4, Mr. Arthur did exactly that and filed his appeal in the Magistrate’s Court.

Tamika Simms Williams is representing the Attorney General and the Director of the DMV.

Hon Resident Magistrate Mrs. Oreika Selver-Gardiner asked counsel for the AG to please let her see the laws in this matter. This was after Mr. Arthur outlined his case and stated there’s no provision in law for the director to charge him back fees as he had been incarcerated.  Arthur was adamant that TCI law does not provide for it at all.

The law is clear on driver’s license being renewed and back dated to the date of its expiration, but it never says that the fees must be backdated to be paid accordingly.

The learned Resident Magistrate asked Ms. Simms Williams if she can show her where in law it says the director can charge back fees or is it just a matter of policy? Counsel for the AG could not show what was requested.  The Magistrate Selver has therefore set the matter down for hearing, requesting that she would like to hear evidence on the matter and that director, Mr. Wilbur Caley has to testify.

The civil case is adjourned to August 8 for trial.

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Bankers’ Association President Samuels Finds Residents Hungry for Housing Financing at policy launch

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Dana Malcolm

Staff writer

 

 

#TurksandCaicos, August 11, 2023 – Despite the Government’s attempt to create more affordable housing for residents with the creation of the new Housing Policy, many say they left the launch feeling less hopeful than they went in.

After the event, one resident expressed it was time to speed up a government-operated mortgage scheme, and those inside the launch event had a similar lack of faith in their ability to secure bank-backed mortgages.

Marcus Samuels, Head of the Banking Association, was hit with questions about how the Association would seek to help residents secure mortgages to purchase these new government homes, considering how difficult residents on both sides of the employment spectrum (private and public)  found it to get approval for loans.

The pre-prepared question was met with applause from the ample audience who had gathered to hear about the programs.

“Homeownership isn’t rocket science, ” Samuels said, stressing that once residents came prepared with knowledge about their own paychecks and the size of the loan they could be offered they had a good chance of success.

Necessary information included:

  • Level of income
  • Level of previous debt

He also said the cost of housing could be lowered for buyers if the Government decided to decrease or forgo their taxes.

“There are some fees that we genuinely cannot move, like the Government stamp duties, which is usually one percent on the transaction.  Thankfully, the Premier is here— the ball is in his court.”

Zhavargo Jolly, Event Moderator, fielded concerns shared by residents, including that the proposed cost of homes in the example (just over $ 200,000) was lower than the usual market value in the country.

There was also a concern that the mortgages seemed geared toward double-income homes, which was not the case for all residents, alienating single mothers, fathers, and other single-income earners.

While Samuels came prepared with calculations for a hypothetical $230,000 home that he said proved residents could be able to own a home with a down payment as low as $12,500 the audience was unconvinced.  When he questioned them about whether residents believed they could afford a home after laying down the calculations the answer was still a resounding ‘no’.

Following the event, Bishop Coleta Williams, Chaplain to the House of Assembly, also spoke on the programs expressing concern that residents would be paying back the loans for years to come.

Residents, in the comments of the live video which was carried on Facebook, expressed being disappointed that more representatives from the Banking Association weren’t present at the meeting when arguably one of the biggest roadblocks to housing is financing.

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Government

New data reveals Housing pitfalls, government reveals detailed plan to fix it 

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Dana Malcolm 

Staff Writer 

 

 

#TurksandCaicos, August 11, 2023 – Many Turks and Caicos Islanders are spending unsustainable amounts of money on housing, according to data gathered by the Housing Department via the National Housing Needs Survey, emphasizing the need for affordable homes.

Dominique Durham, Deputy Permanent Secretary of Physical Planning and Infrastructure Development

“Respondents of that Survey provided that the majority of households spend more than 50 percent of their income on housing expenses.  Now, as a rule of thumb, especially in America, if you spend more than 30 percent of your income on housing, it is deemed not affordable,” Dominique Durham, Deputy Permanent Secretary of Physical Planning and Infrastructure Development, revealed.

He shared other significant data collected that showed the dire state of the housing market locally, including that nearly a quarter of residents live in damaged homes.

“It also revealed that 21 percent [of respondents] are living in homes in need of repair and 69 percent are looking to purchase a new home within the next five years,” Durham said.

Despite the intent to buy a home, the survey also revealed that many Turks and Caicos residents thought the housing market needed more affordable options for them to be able to bring that dream to fruition.

The majority of residents (32 percent) voted for the Government to create more options for affordable housing when asked what would best improve their housing needs.

Other popular suggestions included:

  • Creating Government housing loan programs (25 percent)
  • Housing subsidies (15 percent)
  • Home improvement/refurbishment programs  (11 percent)

All of those suggestions voted on by residents have made their way into the Housing Policy as either short-term or long-term programs.

Jamell Robinson, Minister of Physical Planning and Infrastructure Development

“Long-term projects include inclusionary zoning, large-scale housing through public-private partnerships, and eventually, we will be establishing a National Housing Authority and Trust whereby we hope to lend at affordable interest rates.  We also are looking to roll out help-to-buy schemes in the near future as we appreciate that an issue is also access to financing,” he said.

The Government is aiming to use these suggestions, voted on by residents, to fix the gaping hole in the market, but even with these new programs, there’s one thing residents say they need to purchase homes– better pay.

Jamell Robinson, Minister of Physical Planning and Infrastructure Development, was hit with the question of whether the Government would start to pay residents more so they could have more cash to afford housing.

The minister said step one was increasing public cash flow (with a pay and grade review for the public service now being conducted), and step two was upskilling all individuals to make them more marketable in the private sector.

“Our Job– is to ensure that our citizens as Turks and Caicos islanders can add value to themselves so they can participate more in the open market, and one of those ways is by making the community college free so you can access higher education– in a free open market which we have here, it’s hard to dictate to the private sector what they can pay a specific individual so we want to grow our individuals to make sure that they can level up,” he explained.

The Housing Policy launched on July 27th in Providenciales.

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Caribbean News

Trinidad & Tobago Emancipation Day Marked with Major Events Attended by Prime Minister and other Dignitaries

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#TrinidadandTobago, August 11, 2023 – Prime Minister Dr the Hon Keith Rowley and Mrs Sharon Rowley attended the Distinguished Open Lecture by His Royal Majesty Otumfuo Osei Tutu II, The Asantehene at The University of the West Indies, St. Augustine Campus last evening (Thursday 3rd August, 2023).

The Asantehene is the Guest of Honour in commemoration of this country’s 2023 Emancipation celebrations.

Deputy Speaker of the House of Representatives and Member of Parliament for Tunapuna, the Hon. Esmond Forde, Minister of Foreign and CARICOM Affairs, Senator the Hon. Dr. Amery Browne, Minister of Housing and Urban Development, the Hon. Camille Robinson-Regis, Minister of Education, Dr. the Hon. Nyan Gadsby-Dolly, Minister in the Ministry of Education, the Hon. Lisa Morris-Julian, Pro Vice-Chancellor and Principal of The University of the West Indies, St Augustine Campus Professor Rose-Marie Belle Antoine, Dean of the Faculty of Food and Agriculture, Professor Mark Wuddivira and Lecturer Department of History, Dr. Debbie Mc Collin were also in attendance at yesterday’s lecture.

Prime Minister Dr the Hon Keith Rowley and Mrs Sharon Rowley also visited the Desperadoes Pan Theatre at George Street, Port of Spain last evening (Wednesday 2nd August, 2023).

Dr Rowley welcomed His Royal Majesty Otumfuo Osei Tutu II, The Asantehene and his delegation to the pan theatre where His Majesty was treated to various aspects of Trinidad and Tobago’s Carnival which culminated in a performance by the Desperadoes Steel Orchestra and a demonstration on the playing of the national instrument for the Asantehene.

“They now see Africa, not through European eyes, as a dark continent, but as the cradle of human civilisation, citing the discoveries of its great empires. They talk of it glowingly, as the world’s fastest developing economic region in the 21st century, having just overtaken Asia, and of its six of the 10 fastest growing economies in the world and of its minerals, critical and indispensable to the technologies of the 21st century green economies.

Today, recognising the pain of the Middle Passage, and the centuries of colonial brutality, I salute the African community, a people, who through grit and determination, is on the march, striving for further discovery and self-realisation, searching, and transforming themselves for the challenges of the 21st century.

Let us all reflect and educate ourselves as we celebrate African Emancipation Day 2023.”

 

Dr the Honourable Keith Rowley

Prime Minister of The Republic of Trinidad and Tobago

on the occasion of Emancipation Day 2023

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