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COMMENTS OF CHARLES WILKIN KC, ON THE SPECIAL SUSTAINABILITY ZONES AUTHORISATION ACT (SSZ ACT)
- The SSZ Act is intended to promote sustainable development in authorized Development Zones in the country.
- In the case of Nevis, there are realistically two main types of development that require promotion, namely geothermal energy and tourism, particularly high-level hotels and residential developments and related facilities supporting them, such as golf courses and marinas.
- But the Act goes a lot further and allows the Government to hand over to a Zone Developer all powers of the Government in respect of a Development Zone except foreign affairs, military defence, citizenship and residence, elections, the court system, and any other right or responsibility not transferable to any other person or entity under the Constitution.
- The development of geothermal energy can be achieved without Government ceding such powers to a developer. Likewise with tourism development. The major hotel development in Nevis, the highly reputable Four Seasons Hotel, has not required to be given such Government powers. Why are potential competitors to be given such powers?
- I am not at all surprised therefore that a widely held perception is that the Act allows Government to create a “state within a state” or a second government, with the Zone Developer having powers over all or some matters other than the exceptions in 3.
- There are many other issues on which the Act is silent. These include what specifically Government can do under the Act with:
– the many other executive powers of Government not preserved by the Act
– policing and security
– the right of access by locals to public areas within a zone beach
– access the right of local landowners to refuse to sell their land to a Zone Developer. Will Government compulsorily acquire that land?
– establishment and use of ports sea and air
– immigration customs land law professional services
– Social Security
– banking
– powers of the ECCB
– money laundering
– use of crypto currency, the haven of money launderers.
– drug laws
– protection of surrounding waters
– work permits
– application of the Caricom and OECS treaties
– business opportunities for locals and local entities.
- If the Government wants to satisfy the public of their motives, they must disclose in full detail what development(s) they are promoting under the Act, and justify why a developer needs to take over Government powers.
- There is no room for secrecy here. Our country was abominated under the CBI by unknown people travelling all over the world with diplomatic passports and international criminals holding our passports and committing massive crimes. That is bad enough, but this goes further by exposing our people in their country, to their faces, to developers who run an unelected second Government.
- All the more reason therefore that there should be full disclosure of Zone Developers and all those connected with them. Genuine investors should not mind such disclosure, but many of the people hanging around our country under CBI have good reason to get the protection offered by the Act.
- What will inevitably happen if the Government does not disclose its real intentions fully is that the Act will be tied up in litigation all the way up to the Privy Council, and there will be no development under the Act. That can and should be avoided.
- I am sure the Chamber wants to see genuine development by reputable developers who are incentivized for the purpose as has happened continuously since independence under other legislation. But the Chamber needs strong assurances given this unique legislation.
- The Chamber also needs assurances that the rights of local businesses will be safeguarded.
- Another key assurance required is that campaign finance laws will be passed to ensure that Zone Developers cannot buy elections and politicians. Our country has no such laws to the great detriment of its democracy. The Act provides a serious potential risk to our elections.
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