PHILIPSBURG - The Democratic Party (DP) is “demanding transparency” in the out-of-court settlement reached between the Harbour and Zebec Development and wants the Harbour to disclose the amount paid in the settlement.

 

“Given the seriousness of the accusations and the sizable financial consequences to the Harbour, the DP believes the details of the settlement should be made public, after all if the Harbour had to pay serious penalties for contractual failures, the people have a right to know,” DP Leader Sarah Wescot-Williams said in a press release on Sunday.

 

In August last year, Zebec Development filed a legal claim for more than US $100 million against the St. Maarten Harbour Group of Companies and its Chief Executive Officer (CEO) Mark Mingo for alleged breach of contract concerning the development of the Harbour Village project in the cruise terminal. Parties recently reached an out-of-court settlement, however, parties did not disclose the details of the settlement in what was said to be a joint response to questions from this newspaper about the matter on Friday.

 

Wescot-Williams said the Harbour and Zebec have in the past “publicly levelled” serious accusations of breach of contract against each other. She said now that the Harbour and Zebec have resolved all differences and have settled all issues and damages, the terms of the settlement have “been obscured by yet another confidential and out-of-court settlement. The DP is adamant that the people have the right to know the terms of the settlement,” she stressed.

 

“If failure by the Harbour to honour terms of the agreement resulted in substantial financial losses, the people have a right to know. If future commitments have been made to Zebec, the people have a right to know.”

 

The DP Leader said the Harbour is “an asset” that “belongs to the people.”

 

“In the event there is a financial crisis, the burden will fall on the backs of the people of St. Maarten. If a settlement was made that was in the best interests of the people, why the need for a confidentiality agreement?”

“The question can be rightfully asked if this settlement has something to do with the administrative investigation, initiated by the Prosecutor's Office on St. Maarten.”

 

Wescot-Williams said DP had campaigned for open government and will continue at every opportunity to advocate for an inclusive government with integrity that is transparent, accountable and fiscally responsible. “It is a well-established fact that the citizens of a country that have an open government are more prosperous and happy,” she said.

 

Mingo said in the joint statement on Friday that “it is in nobody’s interest to battle each other out for a long time in court. We had our differences but in good consultation with Zebec we found a sustainable solution acceptable for both parties.”

 

Mingo said too that the Port was busy negotiating with “another interested party” that wants to develop the Dutch Village area and expects to conclude these negotiations “within short.”

 

The Daily Herald