Judge rules govt must get court approval to demolish Abaco shantytowns

Supreme Court Justice Cheryl Grant-Thompson has denied an application brought by Fred Smith, QC, to vary an injunction to cover all shantytowns across The Bahamas.

However, she granted Smith’s application for an injunction to cover all Abaco shantytowns and ruled that the government would have to seek court approval before undertaking demolition exercises on that island.

Shantytown residents, who are represented by Smith, are challenging the government’s 2018 policy, which sought to get rid of shantytowns in The Bahamas.

Implementation of the policy was halted after an injunction was granted by Grant-Thompson that same year.

Reading her ruling today, Grant-Thompson said: “The respondents have submitted that the injunction should no longer apply to the applicants in Abaco due to the disappearance of the very substratum for the injunction. The court has been made aware that these homes of many of these applicants of Abaco, previously covered by the injunction, were unfortunately destroyed by the monstrous Hurricane Dorian.

“The court is mindful of the duty of the government of the Commonwealth of The Bahamas in relation to removing and, in some instances, destroying buildings which the government may view as hazardous to the citizens, inhabitants, public health or otherwise in breach of law. However, if there remains only one home standing where the rights of the residents may ultimately be protected if the injunction had continued to cover Abaco then the injunction will prevail until the completion of this matter.”

As it related to Smith’s application to extend the injunction to cover shantytowns across The Bahamas, Grant-Thompson said the defendants have failed to provide sufficient evidence to support their request that the shantytowns throughout the entirety of The Bahamas be covered by the injunction.”

“The injunction was originally imposed by the court to protect the rights of individuals, whom the applicants allege were affected by the apparent policy of the government to eliminate shantytowns in its entirety in New Providence and the Abacos.”

She said there is no evidence that shantytown residents in other parts of the country are being impacted by the alleged actions of the government.

“The court is not saying that the government of the Commonwealth of The Bahamas does not have a right to demolish and tear down homes that are in breach of, or violates the Disaster Reconstruction Authority Act 2019 or for any other reason that may require such measures,” Grant-Thompson continued.

“However, if the government avers that certain structures should be demolished because of a health hazard, violation of the law or otherwise, evidence of this should be presented to the court prior to the action taking place.”

The respondents in this matter are Prime Minister Dr. Hubert Minnis, Minister of Labour Dion Foulkes, Minister of Public Works Desmond Bannister, Attorney General Carl Bethel, Bahamas Power and Light and the Water and Sewerage Corporation.

Read tomorrow’s edition of The Nassau Guardian for more comprehensive coverage of the ruling.

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source https://thenassauguardian.com/judge-rules-govt-must-get-court-approval-to-demolish-abaco-shantytowns/