NOTES FOR CONTRIBUTION TO DEBATE FOR
APPOINTMENT OF SELECET COMMITTEE ON DISPOSITION OF GOVERNMENT LANDS

Mr. Speaker
Land is the foundation of wealth and its use indicative of the economy of a nation –

Politician and President Abraham Lincoln called it “a positive good in the world.” I concur.

Likewise when land lays fallow, unused, or undeveloped the economy of a country will be fallow, stagnant etc. But there is an element of transparency, accountability and trustworthiness that must be employed in the distribution and management of a country’s land and property.

Transparency in who is granted access and why and what they are being given that access to do.

Accountability that the land granted is used for the stated purpose and not in contravention to the safety and security of the environment and surrounding communities.

And

Trustworthiness that the land is not granted in a “kisses by favor” fashion or as a vote-getting election tool.

Mr. Speaker

Which brings me to the point, that there is no doubt that history will show that the grant of crown land has been dictated by nepotism. Indeed the facts show that land in this country has been used as an election tool and weapon of political mischief.

In 1997 prior to the General Elections of that year, many approvals for grant of land were given to persons – particularly in Cat Island.  This happened again in 2002 prior to the Election held in that year – “Conditional Purchases” once the conditions were complied with – grantees expected their deeds – crown grant many still await their grants.  In respect to one family in New Bight, Cat Island – I suspect as usual the Minister changed his mind – because for the full term the family was unable to get their grant – In February of 1997 the letter was issued granting acres – but by 2002 no grant was executed.

Today they still do not have their grant.  What was more egregious – during that term, was that in keeping with the conditions that was imposed – they permitted an American to occupy a part of the land that was originally conditionally granted to this Bahamian family – they let the American on “their property”.

Can you imagine that? In the Bahamas, in the 21st Century a foreigner gets special preference over a Bahamian when it comes to land grants? Moreover, a foreigner that was introduced to the property by Bahamians – introduced to their property.

I use the word “their property” because
(i) the government gave them the permission to develop the land;
(ii) then they let the American on to the land – so really his occupation was through the family; but the family has yet to get approval for the grant.

Under the FNM watch they denied the grant of land to this family in keeping with their promise (as said the Minister has become known to change his mind) – but happily interfered with the arrangements the family had in place with the American and granted him a portion of this land.

 In the Family Islands, and to a lesser extent, here in New Providence, many persons just lease crown lands – for farming purposes – and many families could trace having had leased lands in their family for generations.

The process back then for the allocation of these lands happened through the Commissioners Office now the Administrators Office – and rentals were paid to these offices.

When lands were not being farmed, many persons kept up the lease payments and some family members still do so today.  This practice over the many years has served to inspire a belief of ownership or a legitimate expectation of ownership – which often is dashed or crushed.  One of the difficulties is that over the years there is always a mismatch of information contained in the Commissioner or Administrator Office and the Crown Lands Office.  So you find that land is often granted without regard to the history of the use of that land by others which often creates enmity and confusion in communities.

There is another item that begs some consideration. The encouragement of ownership for persons who have been productive in supporting their communities and the country at large by the way they have used the land they occupied. There is a well known bone fishing legend in Bimini, a man by the name of Ansil Saunders whose ‘boat house’ I believe is situated on crown land. Here is a man who has, and still to this day in his 70’s contributes to tourism and the appreciation of our country’s natural resources. A  man who has built his country. And though many continue to travel through the doors of his ‘boat house’ at Bimini, he does not own the land. He has never been offered. Maybe we ought to consider people like Ansil Saunders.

Mr. Speaker I just thought it important to make that point.

The sinister results nepotism are two fold - the fast track and no track at all.  I know of many applications that have been made without response – years and years have gone by without a response.  And where there is an approval, years and years go by without the Grant, many excuses are given for this latter state of delay.  I address one, lack of Surveyors – I do so because during the course of the budget Heads Discussion – I attempted to get an understanding of what the intent of government was on the vexing issue of proper staffing at the Department of Lands and Surveys.  I drew attention to the fact that the Draft Estimate of Revenue and Expenditure made provisions for:-

      1 - Senior Surveyor (Qualified)
      5 - Qualified Surveyors
      3 - Senior unqualified Surveyors
      17 - Surveyors    - $173,300 – 62,200

I never got a satisfactory response to the obvious mismatch with the classifications, the provision of expenditure and the number of persons identified for the established posts.  The response alluded to the recruiting of experience Surveyors from Guyana.  I am told that there has been some recruitment but it has not produced any results – but a further deterioration of morale amongst the Bahamian Surveyors – who are more experience and as qualified but are being paid less – An inefficiencies and disarray – how many surveys have been conducted since these new additions?  I understand little or none.

There is little or no production and it is all spiraling downwards.

It is time to bring order and transparency to the disposition of government land.

Overall land tenure systems require urgent attention.

As has been said land is wealth –

I spoke to the practices engaged by many in particular Harold Christie, under the Quieting of Titles Act passed by Parliament in 1959. In a letter to the Editor, I was accused of abusing my Parliamentary privilege and defaming Harold Christie by his nephew.  I do not intend to respond to him but will gladly engage him in a public debate on land and the role his uncle played in hoarding land not just in Cat Island but in many other islands – and we could have a series of public debates on the issue throughout the various Islands where he has been declared the owner of lands.  I welcome it and he could hear what descendants in these Islands think about how his uncle acquired lands.

He may also wish to discuss with me the acquisition of Little San Salvador – Half Moon Cay – when he desperately attempted to engage me to persuade an elderly lady who refused to sign any document for his uncle – and who held her good senses and referred him to me  - to have her sign another document for $800.00 – the lady is still alive I think, but for sure her daughter and son-in-law are -  who could still attest to his efforts.  I had to remind him of the age we are in not the 40s/50s/60s when we were ignorant but the 90’s and the year 2000 when people may look ignorant but only to mask their wisdom.

What I spoke of is the value of land – the Christie’s are getting about $30 million for land the title of which was questionable.   That’s why they approached the Court to investigate it under Quieting of Title Act.

There is no such thing as a perfect title in our land law system – title is comparative – who has the “better title” at the time of an investigation of that title.

The claim of Old bight residents /unlike the Little San Salvador claimants – was possessory.  I know I was there – yes H.G. Christie had a house on the property – but we are talking about close to 2,000 acres.  My fore fathers/and that of residents of Old Bight were farming and working the area of the house for at least 100 years before 1964 when the Court investigated the title.  Yes we know H.G. Christie had house but it did not occupy 2,000 acres.

The judge had to decide between believing black, uneducated, unsophisticated farmers from Old Bight, Cat Island and white H.G. Christie – a sophisticated realtor and the Member of Parliament for Cat Island.  The word of the MP vs. his constituents – in 1964 Bahamas.

The deck was stacked.  There was no Court of Appeal in the Bahamas at the time and any grievance against a judgment had to go to England – to the Privy Council.  The Court files went missing – 1964.

Women were taken from their farms in handcuffs and spent their time in jail – for farming what they held to be their land;
Adjudication by the Highest Court was thwarted – because no files could be found – 1964.

The scar on communities of that era remains highly visible and that is why I plead to the Prime Minister to persuade his supporters to do something for the depressed. He has the relationship with them, he can ask them.

I note that it was resolved that the estate would established a scholarship fund at COB.  I along with the residents and descendents of Cat Island await its execution and trust it will be reflective of the sums received on the sale of the land in question and Half Moon Cay.

Mr. Speaker I thank you.