Eighth Amendment Bill to the Belize Constitution: Formerly the Ninth Amendment Bill

Copy of Ninth Amendment Bill to the Belize Constitution NOW RENAMED The EIGHTH AMENDMENT Bill Consultations and Objections to October 19, 2011 1.

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Political and sometimes confrontational consultations countrywide with attendance ranging from 600 to 1000 in Belmopan, Belize City and each District Town with the exception of San Pedro Ambergris Caye—Totaling approximately 7, 000 persons Those who presented objections: The Bar Association, Chamber of Commerce, The National Teachers’ Union, APAMO, COLA, Belizeans for Justice The Council of Churches withdrew its objections after meeting with the Prime Minister and getting some assurances satisfactory to them. The Organizations above continued to object even after these assurances to the Council of Churches.

Friends of Belize submitted approximately 21,000 signatures to the Governor General of Electors requesting a Referendum on the Ninth Amendment KREM’s Two Cents Cam on October 18, 2011—8 out of 10 persons want a Referendum

House Meeting held October 21, 2011 1.

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Attendees: All 24 members of the UDP, 1 Relegated member of the UDP (Hon. Marcel Cardona), 3 members of the Opposition (Rt. Hon Said Musa, Hon Francis Fonseca (Leader Designate), Hon Florencio) Non-Attendees: Hon John Briceno, Hon Mark Espat, Hon Cordel Hyde—no excuse given to the People of Belize Those who voted for the Ninth: All 24 UDP Members of the House Those who voted Against the Ninth: All 3 PUP Members of the House Those who Abstained: Hon Marcel Cardona who has been relegated by the UDP to the side with the Opposition The Bill went through ALL 3 readings in one House sitting—it was “rammed” through The Bill now goes to the Senate on Monday, October 24, 2011 for approval before being signed into law by the Governor General Please NOTE the Ninth Amendment Bill is now renamed as the Eighth Amendment Bill which will go to the Senate

9. The Ninth now the New Eighth Amendment Bill still contains the Sections which amend Sections 2 and 69 of the Constitution. These amendments are considered “Offensive� due to the Ouster Clauses which excludes the Courts.

10. Attached is a copy of the Ninth Amendment Bill now called the Eighth Amendment Bill which will be going to the Senate for approval on Monday, October 24, 2011.

Myrtle Palacio October 23, 2011

Belize Constitution BELIZE: BILL for AN ACT to amend the Belize Constitution, Chapter 4 of the Laws of Belize, Revised Edition 2000-2003, to provide that the Government shall at all times have majority ownership and control of public utilities; to clarify the provisions relating to the amendment of the Constitution; and to provide for matters connected therewith or incidental thereto.

(Gazetted 23rd July 2011).

BE IT ENACTED, by and with the advice and consent of the House of Representatives and the Senate of Belize and by the authority of the same, as follows: Short title.

1.

This Act may be cited as the BELIZE CONSTITUTION (EIGHTH AMENDMENT) ACT, 2011,

CAP. 4 Act 2/01 39/01 23/05 13/08 4/10

and shall be read and construed as one with the Belize Constitution which, as amended, is hereinafter referred to as the Constitution.

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Amendment of section 2.

2.

Section 2 of the Constitution is hereby amended by

renumbering that section as subsection (1) and by adding the following as subsection (2):-

“(2) The words “other law” occurring in subsection (1) above do not include a law to alter any of the provisions of this Constitution which is passed by the National Assembly in conformity with section 69 of the Constitution.”

Amendment of section 69.

3.

Section 69 of the Constitution is hereby amended by the

addition of the following new subsection after subsection (8):-

“(9) For the removal of doubts, it is hereby declared that the provisions of this section are all-inclusive and exhaustive and there is no other limitation, whether substantive or procedural, on the power of the National Assembly to alter this Constitution; and a law passed by the National Assembly to alter any of the provisions of this Constitution which is passed in conformity with this section shall not be open to challenge in any court of law on any ground whatsoever.”

Addition of new Part XIII and sections 143 to 145.

4.

The Constitution is hereby amended by the addition of the

following as new Part XIII (containing sections 143 to 145) immediately after section 142:-

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“PART XIII GOVERNMENT CONTROL OVER PUBLIC UTILITIES Interpretation.

143.

For the purposes of this Part:“public utilities” means the provision of electricity

services,

telecommunication

services and water services; “public utility provider” means — “(a)

Belize Electricity Limited, a company incorporated under the

CAP. 250

Companies Act, or its successors by whatever name called; (b)

Belize Telemedia Limited, a company incorporated under the

CAP. 250

Companies Act, or its successors by whatever name called; (c)

Belize Water Services Limited, a company incorporated under the

Companies

Act,

or

its

successors by whatever name

CAP. 250

called; and (d)

any other entity designated as a public utility provider for the

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purposes of this Part by a resolution passed by the National Assembly in that behalf; “Government” means the Government of Belize; “Government

shareholding”

shall

be

deemed to include any shares held by the Social Security Board; “majority ownership and control” means the holding of not less than fifty one per centum (51%) of the issued share capital of a public utility provider together with a majority in the Board of Directors, and the absence of any veto power or other special rights given to a minority shareholder which would inhibit the Government from administering the affairs of the public utility provider freely and without restriction.

Majority ownership and control of public utilities.

144. (1) From the commencement of the Belize

No. __ of 2011.

the Government shall have and maintain at all times

Constitution (Eighth Ninth Amendment) Act, 2011, majority ownership and control of a public utility provider; and any alienation of the Government shareholding or other rights, whether voluntary or 4

involuntary, which may derogate from Government’s majority ownership and control of a public utility provider shall be wholly void and of no effect notwithstanding anything contained in section 20 or any other provision of this Constitution or any other law or rule of practice: Provided that in the event the Social Security Board (“the Board”) intends to sell the whole or part of its shareholding which would result in the Government shareholding (as defined in section 143) falling below 51% of the issued stock capital of a public utility provider, the Board shall first offer for sale to the Government, and the Government shall purchase

from

the

Board,

so

much

of

the

shareholding as would be necessary to maintain the Government’s ownership and control of a public utility provider; and every such sale to the Government shall be valid and effectual for all purposes.

(2) Any

alienation

or

transfer

of

the

Government shareholding contrary to subsection (1) above shall vest no rights in the transferee or any other person other than the return of the purchase price, if paid.

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Validity of Acquisition Orders in respect of Belize Electricity Limited and Belize Telemedia Limited.

145.

(1)

For the removal of doubts, it is hereby

declared that the acquisition of certain property by the Government under the terms of the —

CAP. 221 Act 12/07 Act 4/11 S.I. 67/11

(a) Electricity Act, as amended, and the Electricity (Assumption of Control Over Belize

Electricity

Limited)

Order,

2011(hereinafter referred to as “the Electricity Acquisition Order”); and Act 16/02 29/05 9/09 8/11 S.I. 70/11

(b) Belize

Telecommunications

Act,

as

amended, and the Belize Telecommunications (Assumption

of

Control

Over

Belize

Telemedia Limited) Order, 2011, (hereinafter referred to as “the Telemedia Acquisition Order”), was duly carried out for a public purpose in accordance with the laws authorising the acquisition of such property, and no court shall enquire into the constitutionality, legality or validity of the said acquisitions notwithstanding anything to the contrary contained in section 17, section 20 or any other provision of this Constitution or any other law or rule of practice.

(2) The bar on the jurisdiction of the court contained in subsection (1) above is absolute and no 6

court shall assume jurisdiction on any ground whatsoever including, without limitation, any alleged ground of lack of jurisdiction in the persons making the said Acquisition Orders, or any ground alleging breach of the rules of natural justice.

(32) The property acquired under the terms of the Electricity Acquisition Order and the Telemedia Acquisition Order referred to in subsection (1) above shall be deemed to vest absolutely and continuously in the Government free of all encumbrances with effect from the date of commencement specified in the said Orders.

(43) Nothing in the foregoing provisions of this section shall prejudice the right of any person claiming an interest in or right over the property acquired under the said Acquisition Orders to receive reasonable compensation within a reasonable time in accordance with the law authorising the acquisition of such property.�

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