fp Turks and Caicos

The TCI Education Foundation says it has taken proprietorship of the National Stadium which the government built on foundation land in hopes of reaching an agreement about ownership and management of the property.

“Naturally, the foundation acknowledges that the improvements to the land were paid for by the government,” the foundation said in a press release through its lawyers, Savory & Co. “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.”

On July 7, the governor’s Advisory Council directed the Ministry of Education and the Attorney General’s office to meet with the foundation to seek a lasting solution to long-standing problems arising from the government-funded National Stadium having been constructed on land that is not owned by government.

Though it hasn’t heard from the interim government yet, the foundation says it had been trying to settle the issue with the former government since construction of the stadium began in 2006 to host the 36th Annual CARIFTA games in 2007.

The stadium was built on property adjacent to British West Indies Collegiate, the secondary school which the foundation owns and operates. “The foundation agreed that the stadium could be built on the land on certain terms, but none of those terms were ever honoured,” according to the foundation.

“The minister at the time, McAllister Hanchell, would not meet or enter into any communication on the subject,” the foundation said. “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.”

“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. Very reluctantly, and without any wish to restrict its use, the foundation and has taken possession of the stadium in its capacity as registered proprietor.”

“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.”

Hanchell issued a press release July 20 saying the foundation was to blame for the situation and claimed that it was trying to “confiscate $15 million worth of public infrastructure.”

The action by the foundation won’t affect the management of the stadium, which will remain with the Sports Commission until an agreement is reached with the government, “provided that happens expeditiously,” the foundation said.

Hanchell suggested that the interim government could solve the problem through compulsory acquisition, in which the foundation would be forced to sell the property to the government.

“This well planned, deliberate and dishonest act needs to be condemned by all peoples in the Turks and Caicos Islanders,” Hanchell said.

“I call on all Turks and Caicos Islanders, young people in particular, to speak out against what is happening to their country in general and our National Stadium in particular,” Hanchell said.

Carlos Simons, a lawyer seeking leadership of the Progressive National Party, described the dispute as "a tragic comedy of errors arising from a simple lack of attention to detail and failure to follow through and conclude a routine land transaction."

Simons said the matter could be simply solved with the government paying "fair compensation" to the foundation for freehold title to the land.

Click HERE to read the foundation's full statement.

Click HERE to read Simons' full statement.

Click HERE to read Hanchell's full statement.