Party for Progress (PFP) Member of Parliament Raeyhon Peterson questions PFP Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) Patrice Gumbs regarding good governance and integrity issues at the Ministry.
PHILIPSBURG--Member of Parliament (MP) Raeyhon Peterson of the Party for Progress (PFP) has called on the Minister of Public Housing, Spatial Planning, Environment, and Infrastructure VROMI to elucidate his position regarding the handling of conflict-of-interest situations in the ministry. This request follows concerns about the delegation of authority in land issuance cases where potential conflicts may arise.
“Nepotism is what got us here,” Peterson said on Wednesday in Parliament, referencing the 2022 court-ordered suspension of long-lease land allocations to curb the “farewell and welcome policies” of successive ministers. “Year after year, Ministers of VROMI have viewed their roles as justification for personally selecting land recipients.”
Current VROMI Minister Patrice Gumbs is adhering to the Didam ruling; the decision to pause land requests is not his, Peterson noted. He recalled asking Luc Mercelina in May last year, after his appointment as Prime Minister, whether it is appropriate for a Minister to authorise another to sign off on long-lease land allocations.
This query pertained to 2021 events where Finance Minister Ardwell Irion approved long-lease land in Over the Bank for the brother of then VROMI Minister Egbert Doran – both from the National Alliance. On September 22, 2021, during the Council of Ministers’ press briefing, Irion confirmed signing at Doran's request.
Doran had mandated Irion on July 3, 2020, to issue long-lease land in cases where Doran faced conflicts of interest, such as granting land to relatives. Irion agreed to sign on Doran's behalf.
Reflecting on his tenure as Minister of Justice from November 19, 2019, to January 9, 2020, Doran recounted, “I encountered a situation requiring my signature for a direct family member. I consulted the acting minister, who reviewed and signed the document.”
He added, “It’s standard practice; before each Council of Ministers meeting, the chair – either the Prime Minister or, in their absence, myself – asks about any conflicts of interest. If present, the concerned minister exits the room, allowing the acting minister or Council to decide.”
Five of the seven ministers in the Silveria Jacobs II cabinet, including Doran and Irion, were National Alliance members. “If there was a conflict regarding the 25 applicants for long-lease land in Vineyard Heights, the Finance Minister, as acting VROMI Minister, had to sign,” said Doran, who had listed several relatives and close friends among the 25 beneficiaries of government land in Vineyard Heights-Over the Bank.
“This exemplifies why the Didam verdict emerged,” Peterson said on Wednesday in Parliament. “As the judge noted, decision-making lacks transparency, though the outcomes are evident.”
Peterson urged Gumbs to share his perspective and indicate whether he believes he can authorise another Minister in the Mercelina II cabinet to sign off on land allocations in conflict-of-interest scenarios. “Or should this be presented to the Council of Ministers for a decision?” Peterson enquired.
While the VROMI Minister, as executor of the long lease ordinance, can issue long-lease land, Peterson, a former VROMI Ministry Chief of Staff and acting Head of Domain Affairs, cautioned, “If the minister signs without full substantiation, it may be deemed unlawful.”
Per the Didam ruling of January 28, 2022, the government risks liability with penalties up to US $500,000 per instance.
“When someone receives long-lease land,” Peterson explained, “all three notaries in St. Maarten may refuse to deed the land due to insufficient justification. Their refusal isn’t based on the ministers’ decisions but their legal obligation. Notaries could be held accountable under the Didam ruling if they proceed with deeding.”
The Didam case law emphasises that notaries must not overlook the absence of policies when handling transfers of immovable property owned by municipalities or the country (e.g., St. Maarten) and must verify the existence of relevant policies.
Ombudsman Gwendolien Mossel confirmed that notaries could be liable if the government does not apply Didam principles.
