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Veteran Attorney’s Detailed Letter to Chamber of Industry and Commerce Calls for Full Disclosure, Safeguards, and Transparency Under the Special Sustainability Zones Act

Basseterre, St. Kitts — October 7, 2025 (SKN Times):
Prominent attorney-at-law and Senior Counsel, Charles Wilkin QC, has issued a searing critique of the recently passed Special Sustainability Zones Authorisation Act (SSZ Act) — warning that the legislation, as currently structured, could enable the creation of a “state within a state,” undermine the country’s sovereignty, and expose St. Kitts and Nevis to significant governance and reputational risks.

In a detailed letter dated October 1, 2025, addressed to members of the St. Kitts-Nevis Chamber of Industry and Commerce, Wilkin outlined his concerns over the sweeping powers the Act grants to private Zone Developers, arguing that the provisions go far beyond what is necessary to facilitate sustainable development.

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A Law That Hands Over Governmental Powers

Wilkin’s foremost concern lies in the extraordinary authority conferred on Zone Developers. He pointed out that under the SSZ Act, the Government may transfer to these developers nearly all powers of the State within designated Development Zones—excluding only foreign affairs, military defence, elections, citizenship, and the court system.

He noted that while the stated goal of the SSZ Act is to promote sustainable development through tourism, residential, and geothermal projects—particularly in Nevis—the delegation of executive powers to private entities is both excessive and unprecedented.

“The major hotel development in Nevis, the highly reputable Four Seasons Hotel, was not required to be given such Government powers,” Wilkin stated. “Why are potential competitors now being given those powers?”

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Fears of a Parallel Government

The Queen’s Counsel warned that the Act could create the perception—and possibly the reality—of a “second government” operating within St. Kitts and Nevis.

“I am not at all surprised, therefore,” Wilkin wrote, “that a widely held perception is that the Act allows Government to create a state within a state or a second government, with the Zone Developer having powers over all or some matters other than the exceptions.”

He listed numerous areas of ambiguity and concern—including policing, immigration, customs, land law, social security, banking, ports, and even the application of CARICOM and OECS treaties—where the legislation is either silent or vague.

“What specifically can Government do under the Act?” Wilkin asked rhetorically, warning that such open-ended discretion could be exploited to the detriment of local sovereignty and transparency.

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Transparency, Disclosure, and the CBI Legacy

In one of the letter’s most pointed sections, Wilkin drew a parallel between the SSZ legislation and the Citizenship by Investment (CBI) programme, which he said had already tarnished the nation’s reputation by granting citizenship to dubious individuals.

“There is no room for secrecy here,” he wrote. “Our country was abominated under the CBI by unknown people travelling all over the world with diplomatic passports and international criminals holding our passports and committing massive crimes. This goes further by exposing our people in their own country to developers who run an unelected second government.”

Wilkin therefore called for full disclosure of the identities, intentions, and financial backers of all Zone Developers, warning that secrecy would only fuel suspicion and invite litigation.

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Risk of Litigation and Economic Paralysis

The Senior Counsel also cautioned that if Government fails to fully disclose the terms and objectives of the Act, the legislation could be tied up in the courts for years, possibly all the way to the Privy Council, stalling any real development.

“What will inevitably happen,” Wilkin warned, “is that the Act will be tied up in litigation all the way up to the Privy Council, and there will be no development under the Act. That can and should be avoided.”

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Call for Strong Assurances and Safeguards

Wilkin urged the Chamber to demand specific safeguards from the Government to protect local businesses, landowners, and the democratic process.

He emphasized the need for:

• Assurances that local business rights will be safeguarded;
• Full transparency and disclosure of developers and their associates;
• Campaign finance laws to prevent Zone Developers from influencing elections; and
• Protection against compulsory land acquisition that could displace locals or override private property rights.

“Our country has no such laws [on campaign finance],” Wilkin lamented, “to the great detriment of its democracy. The Act provides a serious potential risk to our elections.”

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A Call for Accountability and Genuine Development

Concluding his letter, Wilkin expressed hope that the Chamber would stand firm in its call for responsible governance and genuine, transparent investment.

“I am sure the Chamber wants to see genuine development by reputable developers,” he said, “but the Chamber needs strong assurances.”

His intervention comes amid growing national debate over the SSZ Act, which was passed without prior public consultation—a point that has fueled public suspicion and prompted the Nevis Island Administration to belatedly announce stakeholder meetings and a forthcoming website to share project details.

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A Nation Demanding Clarity

Charles Wilkin QC’s letter underscores a deepening crisis of confidence surrounding the SSZ Act.
While the legislation is touted as a bold step toward sustainable growth, Wilkin’s analysis paints a picture of a law that—if unchecked—could rewrite the constitutional balance of power and erode democratic accountability in St. Kitts and Nevis.

As public pressure mounts, all eyes will now be on both the Federal Government and the Chamber of Industry and Commerce to determine whether transparency, sovereignty, and public trust will prevail over secrecy and expedience.

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