Chief Justice Sir Ian Winder yesterday ruled that only two structures built in defiance of a 2018 injunction that prevented the construction of new homes in shantytowns on Abaco and New Providence be demolished within 45 days.

The government asked the court for permission to demolish more than 300 buildings and structures in shantytowns on Abaco and New Providence that it said violated the injunction. The injunction was lifted in February.

Sir Ian ruled, "Notwithstanding the wide breadth of the injunction orders, it has to actually or otherwise lawfully come to the attention of the person alleged to be in breach, to be actionable against them."

He found that Rose St. Fleur and Aviole Francois-Burrows were aware of the order and willfully breached it by building new structures after the injunction.

"There has been no evidential response to the allegations of breach by Rose St. Fleur and Aviole Francois-Burrows or a request to do so," Sir Ian said.

"I am satisfied that the breach is willful."

He said, "In the circumstances, therefore, I order that only the offending structures of Rose St. Fleur and Aviole Francois-Burrows, built in defiance of the court's order, be removed within 45 days, failing which the respondents may have them removed at the expense of Rose St. Fleur and/or Aviole Francois-Burrows.

"I am comforted in arriving at this decision having regard to the other lawful means at the minister's disposal to cause the demolition of these premises if in fact he deems it appropriate under the Buildings Regulation Act."

In 2018, Supreme Court Justice Cheryl Grant-Thompson granted the injunction that barred the demolition of shantytowns as well as the construction of new structures on New Providence and Abaco after 177 shantytown residents filed a judicial review of the Minnis administration's plan to demolish shantytowns in The Bahamas.

During submissions on April 3, Fred Smith, KC, who represents the 177 residents including St. Fleur and Francois-Burrows, argued that the decision to demolish buildings lies in the hands of the minister responsible for building regulation and not the court.

Sir Ian ruled, "In a case, such as this, where the order of the court is being openly flouted, the administration of justice is being brought into disrespect and disrepute.

"The court has an inherent jurisdiction to protect its process and I am satisfied that the court is empowered to cause those applicants who have breached the order to remove these offending structures."

Sir Ian said the evidence "is unequivocal" that there has been a massive expansion of unregulated communities, despite the ruling by Grant-Thompson.

But he said people in breach of the order must be made aware of it for it to be actionable against them.

"Ms. Stephanie St. Fleur, the president of Respect Our Homes Limited and the president of Human Rights Bahamas, gave evidence by affidavit that these organizations visited the shantytowns in 2021 to advise residents of the terms of the injunctions," he said.

"Specific individuals were not identified. Notwithstanding this, I do not find that there is adequate evidence that anyone other than the parties to this action could be said to have properly had notice of the injunction. The respondents took no steps, in accordance with the rules, to substitute service of the injunction on persons who they say are/were unknown to them.

"A simple order for the posting of the orders on the doors of the residents, as was done to cause the additional occupants to attend court in this application, could have been obtained. Further, while there may have been press statements and notices placed in certain communities, this was not done with the authority of an order for substituted service.

"While orders can be made against persons unknown, the offenders in this case are actually identifiable. It is only persons who can be fixed with notice of the order could be said to have been in breach.

"The broadcasting of the information or its general distribution could not properly suffice."

The chief justice made no order regarding costs.

When asked about the ruling yesterday, Prime Minister Philip Davis, who is in London to attend the coronation of King Charles III, said the government respects the decision of the court.

"... We will abide that decision unless and until it is overturned," he said.

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