The Tribune

By AVA TURNQUEST

Tribune Digital Editor

aturnquest@tribunemedia.net

THE dispute between the government and the Grand Bahama Port Authority has taken a more personal turn, with GBPA Co-Chairman Rupert Hayward defending his family’s Bahamian identity in an open letter to Prime Minister Philip Davis.

In a pointed written response, Mr Davis said he has not questioned Mr Hayward’s nationality and accused the Port of seeking to place a private company above the elected government.

Mr Hayward said he was motivated to issue the letter over the characterisation of his family in the wake of a partial arbitration award in the long-running dispute over administrative fees tied to the Hawksbill Creek Agreement.

While the tribunal rejected the government’s $357m claim for administrative costs between 2018 and 2022, Mr Davis told the House of Assembly the ruling marked a turning point in the relationship between the government and the Port Authority. He argued that the old governance structure in Freeport concentrated too much power in private hands.

“I cannot live with an arrangement in which two families decide the fate of tens of thousands of Bahamians in Freeport,” he told Parliament on Wednesday, adding that “Freeport is not the private estate of any family.”

In his letter, Mr Hayward said his daughter “burst into tears” when she understood how their family had been characterised.

“She simply could not understand how someone who is meant to represent all Bahamians — not only those of a particular political persuasion — could say such things about a Bahamian family that has devoted so much of its life to this country and to the people of Grand Bahama,” he said.

He said his father was born in The Bahamas before independence and became a citizen when the country gained independence in 1973.

He wrote: “There are many documents circulating in this moment. Legal documents, agreements, and interpretations of history. But for me, there are only two that truly matter right now.”

“The first is my father’s birth certificate. His first breath was taken as a Bahamian. The second is my own birth certificate, issued at Princess Margaret Hospital, where my twin brother and I were born into this country we proudly call home.”

“I am not a ‘paper Bahamian.’ I am not a recently reached Bahamian. I am a multigenerational Bahamian,” he said.

He continued: “My siblings are Bahamian. My children are Bahamian. My family’s life, history, and future are woven deeply into the fabric of this country.”

Mr Hayward acknowledged that disagreements between the government and the Port Authority were natural in a democracy but said both sides ultimately share the same goal.

“You and I may not always agree on the precise path forward for the economic development of our country or of Grand Bahama,” he wrote.

“But I believe strongly that we both ultimately want the same thing: what is best for the Bahamian people.”

He said cooperation between the government and the GBPA was essential for the future of Grand Bahama.

“The Grand Bahama Port Authority is not going anywhere, and the government of The Bahamas is not going anywhere,” he wrote.

“The reality is that we must work together for the betterment of the people of Freeport and Grand Bahama.”

He also cautioned against political rhetoric as another election approaches.

“And while there may be a temptation, particularly in moments when elections approach, to lean into populist rhetoric, we must remember that the Office of Prime Minister represents all Bahamians — not only those of a particular political persuasion,” he wrote.

“I remain, first and foremost, a proud Bahamian, committed to the future of Grand Bahama and to the people who call it home.”

In his response, Mr Davis said it was regrettable that questions around Mr Hayward’s nationality had arisen.

“I have not questioned your nationality,” he wrote. “You are Bahamian. Your father was Bahamian. Your children are Bahamian. That is not the issue reflected in ‘the many documents circulating in this moment.’”

He said the dispute was not personal and that he had preferred collaboration.

“For more than two years, I pursued the path of negotiation until the GBPA made a series of decisions which left the Government with no serious choice other than to seek a legal determination.”

He said the issue was the position taken by the Port Authority, in which Mr Hayward’s family is a major shareholder, about its standing in Freeport and its relationship to the Government and people of The Bahamas.

Through public statements and in the arbitration, he said, the Port advanced a view of itself that no responsible government can accept. He said it claimed a degree of control in Freeport that would place a private company above the elected Government. He said it resisted the position that substantial sums are owed to the public purse and argued that concessions under the Hawksbill Creek Agreement allow it to limit the reach of Bahamian law in areas such as licensing, immigration, customs, utilities, foreign land purchases and environmental regulation.

“In short, it demanded control and it demanded compensation of 1 billion dollars.”

“My government could not accept that. The people of Grand Bahama cannot be asked to live in a city where a private authority claims a higher footing than their own Government.”

He said the arbitration confirmed that the Port Authority carries an ongoing duty to make payments to the Government up to 2054. He said it confirmed that the Government retains authority in Freeport in the core areas where the Port sought to erect a special shield. He said the Port entered the tribunal seeking sweeping powers and a very large award but emerged with a much narrower outcome and a clear recognition that Freeport remains subject to Bahamian law and to the authority of Parliament.

“Freeport is a Baharnian city. It sits within a Bahamian island. Its residents are Bahamian citizens.”

He said that for decades, Freeport has operated under a model in which two families, through the Port, have exercised extraordinary influence over the city’s fate. Whatever the logic at the beginning, he said, that model is no longer delivering for many who live there.

“My responsibility is to every family in Grand Bahama and to every taxpayer across the Commonwealth. When private claims collide with the interests of those citizens, I am required to choose the public interest. That is what I have done and will continue to do.”

He said that under his administration, the Port Authority will remain in Freeport under a new status quo and under clear rules, starting from a simple order of authority in which sovereignty rests with the Bahamian people and the Government they elect.

Sir Jack Hayward was a UK-based industrialist who held a controlling interest in the Port Authority for decades and was widely credited with playing a central role in Freeport's expansion during the latter half of the 20th century.

Following Sir Jack’s death in 2015, ownership and control of the Port Authority passed to his heirs. Today, the company is jointly owned by the Hayward and St George families, whose members serve as co-chairmen.

Rupert Hayward is the son of Sir Jack Hayward and currently serves as co-chairman of the Grand Bahama Port Authority with Sarah St George, daughter of the late Edward St. George, whose policies were credited with establishing a foundation for Freeport’s economic growth and development during his years as Chairman of the GBPA.

Read the prime minister's full letter here.