Local Gov’t Minister rebukes PNP, Sav-la-Mar Mayor, for urging Little Bay residents to defy courts
KINGSTON, Jamaica — Local Government Minister, Desmond McKenzie, says recent statements by Opposition Leader, Mark Golding and Savanna-La-Mar Mayor, Bertel Moore, regarding the illegal occupancy of lands by Brighton, Little Bay and Salmon Point residents in Westmoreland are “disgraceful” and “dangerous”.
The Minister’s comment is the latest in an ongoing dispute over prime beach-front land which had been captured by the informal settlers.
Golding visited Little Bay and Brighton residents last Thursday seeking to provide hope to the settlers who are being told to vacate the lands as per a recent ruling by the court.
Speaking with the settlers, Golding stressed that the Government should not abandon them, saying, “You may not have a legal title as yet, but you have been living on the property and you have invested in your property way beyond the 12 years by law. So, these situations cannot be ignored by the Government”.
READ: Gov’t cannot abandon you, Golding tells squatters
However, in a statement on Sunday, McKenzie condemned the Opposition leader’s statements.
“The comments attributed to both the Leader of the Opposition and the Mayor of Savanna-La-Mar, are not only disgraceful but dangerous. They have met directly with the residents and told them that they will stand with them in defiance not only of the law, but of the clear ruling of the courts that they must vacate the lands. Given Mr Golding’s attendance and comments at this meeting, I therefore infer that the encouragement of lawlessness through violations of property rights are the official policy of the Opposition as well as the Peoples’ National Party which he leads,” McKenzie said.
“No responsible political representative behaves in this way. The conduct of Mr Moore, both as Mayor and as Councillor of the Negril Division defies every principle that informs the Local Governance Act, and as minister I totally deplore his comments, which are reprehensible and undermine the very authority of the Westmoreland Municipal Corporation in enforcing the provisions of the Building Act throughout the parish,” he added.
According to McKenzie, the remarks of the leader of the Opposition are even more serious.
“I do not believe that he, as an experienced attorney, is ignorant of the law and the lines of governmental authority, and I view his remarks as totally opportunistic. They also have extremely serious implications for property rights in Jamaica. Mr Golding’s comment about the people of Brighton, Little Bay and Salmon Point, having rights to the lands they occupy because they have been there for over 12 years is especially misleading. He ought to know that there is no law that supports this. The Limitation of Actions Act states that persons who have had undisturbed possession of land for over 12 years — in other words possession without notice from the owner of that land to leave — can approach the courts to seek possession of the lands. There is no automatic ownership of land anywhere in Jamaica through squatting. I also wish to bring to public attention Section 12 of the Act which states: ‘No person shall be deemed to have been in possession of any land merely by reason of having made an entry thereon,” the minister explained.
“As an attorney and as the Leader of the Parliamentary Opposition, Mr Golding should know that his statements represent the Legislative branch of Government telling the citizens of the country to defy the rulings of the courts, the Judicial branch of Government. Both he and Mr Moore, who is a member of his party, have advised citizens in a direct meeting that it is fine to behave unlawfully. They have also sent a signal of lawlessness across the country to anyone who owns lands whether big or small, that their property is not safe, that the fruit of their hard work can just be taken away. It sends a signal to a potential investor that he or she should consider a country other than Jamaica. It sends a signal to a potential returning resident that he or she should consider staying overseas, rather than coming back home,” McKenzie added.
The Minister further assured law abiding citizens that the Government will continue to respect their property rights.
Noting that the prime minister recently met with the people of Little Bay, Brighton and Salmon Point and advised them, among other things, that the ruling of the court must be obeyed, McKenzie said urged the squatters to respect the law, and not be swayed by “irresponsible utterances”.