CCJ Hears GOB vs. LPG Companies

The Caribbean Court of Justice is currently tackling a constitutional dispute between the Government of Belize and four privately-owned liquified petroleum gas companies. The two-day hearing kicked off today with submissions from the appellants, including the Controller of Supplies, the Minister of Economic Development, and the Attorney General. They are contesting a Court of Appeal decision that ruled the Government of Belize violated the companies’ constitutional rights to work and property by blocking them from importing LPG into Belize. The gas companies involved—Gas Tomza Limited, Western Gas Company Limited, Southern Choice Butane Limited (Zeta Gas), and Belize Western Energy Limited—also filed a cross-appeal on grounds of freedom of association and equal treatment, which they initially failed to prove. Today’s session lasted six hours, with the appellants still presenting their case. Eamon Courtenay, one of the four attorneys representing the Government of Belize, was the first to make his submissions.

 

Eamon Courtenay, Attorney-At-Law

“We say very firmly that the Court of Appeal was wrong on section seventeen and section three, property issue and section fifteen the right to work. We say that it is clear that is was the intent of parliament to reform the LPG sector by introducing a new regulatory regime and we ask this court to give full faith and confidence to the declared intention by the Parliament. Your honors and you will hear this repeatedly, it was the intent of the government to liberate this sector from the Zaragoza brother oligopoly for reasons proven in evidence and it is critical for the court to appreciate that there is a reality on the ground that existed that caused insecurity on the ground in the supply of LPG to Belize, that caused transfer pricing in that sector, that caused questions about the quality of LPG sold to consumers and there are serious problems about smuggling. These are issues which the legislation sought to address.”