Dear Editor,
The blatant disregard for Sint Maarten’s laws and governance processes by the current Council of Ministers has once again been exposed, this time with their handling of public funds related to Soul Beach, Carnival, unauthorized payments to consultants, and questionable financial transfers. Their actions not only violate our Constitution and financial regulations but also highlight their intentional and selective approach to governance, favoring certain entities while neglecting others.
Despite boasting some of the youngest and brightest legal minds within their ranks, this coalition government continues to apply the law selectively. They were quick to analyze and argue procedural flaws in the referendum motion, citing constitutional grounds, yet when faced with clear violations of our Constitution, laws, and policies, they proceeded without hesitation. Their legal acumen, along with the experience and knowledge of the Chair of Parliament, is evident. That being the case, I can only conclude that when it comes to the outright violation of our Constitution, laws, and policies, it is being done intentionally.
Minister of TEATT, Grisha Heyliger-Marten, confirmed that Soul Beach had requested tax exemptions. However, Minister of Finance Marinka Gumbs stated that no tax exemptions would be granted. Despite the negative advice already issued regarding Soul Beach’s tax exemption request, the government is still pursuing it through direct instruction. This raises serious concerns about why financial regulations are being disregarded for one entity while others are held to strict compliance. The government also approved 180 rooms for Soul Beach staff and influencers, funding for additional security and police, a paid venue at Festival Village, and a second venue for the comedy club. Meanwhile, the St. Maarten Carnival Development Foundation (SCDF) is being pursued for back payments of NAf 20,000 by a government-owned entity, SOG. Other major events, such as the Heineken Regatta, SXM Festival, and other foundations that contribute to the island’s culture and economy, have not been granted tax exemptions, raising questions about fairness and equal treatment under the law.
Additionally, what procurement process was followed for Soul Beach? According to the Subsidy Ordinance, Soul Beach does not have a registered foundation on the island to qualify for a subsidy. For payment to be made, it would have to go through a procurement process or a national decree signed by the governor explaining the extraordinary circumstances under which procurement was not required. Surprisingly, this blatant bypassing of the procedure went unnoticed by members of PFP, whose main campaign and issue centered around procurement.
Adding insult to injury, the Minister of Finance attempted to explain government funding for Carnival, stating that it was not allocated under subsidies but under marketing expenses, a category that also requires a national decree, which was not done. Instead of following the legal process, the government transferred public funds without proper authorization, violating the Compatibility Ordinance, the Subsidy Ordinance, and the Constitution. Furthermore, Article 6 of the Landsverordening houdende algemene voorschriften inzake de verlening van subsidies door de regering van Sint Maarten clearly states:
"Een instelling heeft nimmer aanspraak op een subsidie, dan voor zover voortvloeit uit de goedgekeurde landsbegroting."
"An institution never has a right to a subsidy, except to the extent that it arises from the approved national budget."
The government has blatantly ignored this legal requirement, transferring funds for Carnival despite no approved budgetary allocation for it. Now, in a shocking attempt to cover their tracks, they claim they will fix the Carnival payment in a future budget amendment, an outright admission that the payments were made illegitimately. Payments were also made to consultants, political supporters, and cabinet staff, all without the 2025 budget being published or ratified. The fact that public funds were transferred without a legally established budget is a direct violation of financial regulations and further proof of this government’s blatant misuse of taxpayer money.
Ministers Patrice Gumbs of VROMI and Melissa Gumbs of ECYS have doubled down on their claims that this government operates in full compliance with the law. If that is truly the case, then they should be able to explain exactly how these payments were made and under which law they were authorized. If they cannot provide a clear legal basis for these payments, then they must be held accountable for misleading both Parliament and the people of Sint Maarten.
This administration's actions set a dangerous precedent, where taxpayer funds are freely distributed to favored events and individuals without proper oversight, while local organizations like SCDF and other cultural foundations are burdened with liens and debt collection. The people of Sint Maarten deserve a government that upholds the law, not one that manipulates it to serve its own interests. The Council of Ministers has once again been caught engaging in financial mismanagement, and as a Member of Parliament, I will continue to demand accountability for their reckless actions.
Given the severity of these financial irregularities, urgent meetings of Parliament pertaining to the budget have been called and are awaiting the response and scheduling of the Chair of Parliament. These meetings are critical in ensuring transparency and accountability in government spending and addressing the numerous concerns raised regarding these unauthorized payments. During this meeting, the Members of Parliament will have the opportunity to hold the relevant Ministers accountable.
MP Ardwell Irion
Member of Parliament – Sint Maarten