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PUBLIC CONSULTATIONS ON THE 9 TH AMENDMENT TO THE BELIZE CONSTITUTION

PUBLIC CONSULTATIONS ON THE 9 TH AMENDMENT TO THE BELIZE CONSTITUTION . The Belize Constitution (Ninth Amendment) Bill. PURPOSE OF AMENDMENT TO THE CONSTITUTION. WHAT IS THE PURPOSE OF THE 9 TH CONSTITUTIONAL AMENDMENT?.

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PUBLIC CONSULTATIONS ON THE 9 TH AMENDMENT TO THE BELIZE CONSTITUTION

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  1. PUBLIC CONSULTATIONS ON THE 9TH AMENDMENT TO THE BELIZE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  2. The Belize Constitution (Ninth Amendment) Bill Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  3. PURPOSE OF AMENDMENT TO THE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  4. WHAT IS THE PURPOSE OF THE 9TH CONSTITUTIONAL AMENDMENT? • It is 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; Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  5. THE PURPOSE OF THE 9TH CONSTITUTIONAL AMENDMENT • clarify the provisions relating to the amendment of the Constitution; and • provide for matters connected therewith or incidental thereto. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  6. THE EXISTING SECTION 2 OF THE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  7. SECTION 2 The Section now states: This Constitution is the supreme law of Belize and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  8. PROPOSED AMENDMENT TO SECTION 2 OF THE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  9. PROPOSED AMENDMENT TO SECTION 2 The proposed amendment to Section 2 states: Section 2 of the Constitution is hereby amended by renumbering that section as subsection (1) and by adding the following as subsection (2):- Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  10. PROPOSED AMENDMENT TO SECTION 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  11. EXISTING SECTION 69 OF THE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block ,Belmopan

  12. Existing Section 69 This existing section of the Constitution is the Section will allows changes to be made to the Constitution It has a very specific manner in which changes can be made Changes can only be made by the National Assembly in the manner set out in this section Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  13. Existing Section 69 (1) The National Assembly may alter any of the provisions of this Constitution in the manner specified in the following provisions of this section. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  14. Existing Section 69 • (2) Until after the first general election held after Independence Day a Bill to alter any of the provisions of this Constitution shall not be regarded as being passed by the National Assembly unless on its final reading in each House the Bill is supported by the unanimous vote of all members of that House.

  15. Existing Section 69 (3) A Bill to alter this section, Schedule 2… or any of the provisions … in Schedule [2] shall not be regarded as being passed… unless on its final reading in the House of Representatives the Bill is supported by the votes of not less than 3/4 three quarters of all the members of the House.

  16. Existing Section 69 (4) A Bill to alter any of the provisions of this Constitution other than those referred to in subsection (3)… shall not be…passed… unless on its final reading… is supported by the votes of not less than 2/3 of all the members of the House.

  17. Existing Section 69 (5) A Bill to alter any of the provisions of subsection (3)… shall not be submitted to the Governor General for his assent unless there has been an interval of not less than ninety days between introduction of the Bill in the House… and the beginning of proceedings in the House for the second reading of the Bill. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  18. Existing Section 69 (5 A ) A Bill to alter any provisions of Part III of this Constitution shall not be regarded as being passed by the National Assembly unless it is supported by a simple majority of the Senate Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  19. Existing Section 69 (6) (a) A Bill to alter any provisions of this Constitution shall not be submitted to the Governor General… unless it is accompanied by a certificate of the Speaker signed by him that the provisions of subsection (2), (3) or (4)… have been complied with.

  20. Existing Section 69 (b) The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section, … have been complied with and shall not be enquired into by any court of law. .. (7) In this section and Schedule 2, references to any of the provisions of the Constitution include references to any law that alters that provision. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  21. Existing Section 69 (8) In this section, references to altering this Constitution or any of the provisions thereof include references- (a) to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof; (b) to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and (c) to suspending its operations for any period or terminating any such suspension. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  22. PROPOSED AMENDMENT TO SECTION 69 OF THE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  23. PROPOSED AMENDMENT TO SECTION 69 3. Section 69 of the Constitution is hereby amended by the addition of the following new subsection after subsection (8):- Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  24. PROPOSED AMENDMENT TO SECTION 69 ‘(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.’”

  25. WHAT DOES THE PROPOSED AMENDMENT DO? It removes any doubt by use of that language - For the removal of doubts – And by so doing, it restates the position as it exists now in Section 69 with very clear and unambiguous language. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  26. IS THIS TYPE OF LANGUAGE ANYWHERE ELSE IN THE CONSTITUTION? YES Sec 33 (2) The actions of a Deputy Governor General shall not be questioned in a court of law. Sec 34 (4) The actions of the Governor General shall not be questioned in a court of law. Sec 54 (18) The actions of the Belize Advisory Council shall not be questioned in a court of law. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  27. CAN THE COURT STILL QUESTION IN THOSE INSTANCES? • YES • Bryan Card v AG 1983 • Bryan Card was a Permanent Secretary that was suspended and put on half pay, and eventually terminated by the Governor General • He took the matter to Court and the Court found that while the Governor General had the power to terminate a Permanent Secretary, she did not have the power to suspend and put on half pay. This was the responsibility of the Public Services Commission. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  28. CAN THE COURT STILL QUESTION IN THOSE INSTANCES? • Chief Justice Sir George Brown had this to say about that decision of the Court • “This decision demonstrated not only that Card had the benefit of the rule of law but also that no one was above the law, not even the executive head of government, the Governor General.” Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  29. ARE THERE CONSTITUTIONS IN THE REGION WITH SIMILAR LANGUAGE? • YES • The Jamaica Constitution sec 32 (4) • Where the Governor General is directed to exercise any function…the question whether he has so exercised that function shall not be enquired into in any court. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  30. THE TRINIDAD EXPERIENCE The 1962 Constitution adopted by the Parliament of Trinidad and Tobago at the time of their Independence, was repealed totally and replaced by a new Constitution in 1976. This was done using sec 54 of their Constitution which is similar in language to our section 69. The Government at the time had a 2/3 majority, but they had to enlist the support of the opposition to amend the sections of the Constitution that required a 3/4 majority. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  31. PROPOSED ADDITION OF PART XIIITO THE CONSTITUTION Solicitor General’s Chambers, Attorney General’s Ministry, East Block , Belmopan

  32. ADDITION OF A NEW PART XIII Section 4 of the Act seeks to amend the Constitution by adding a new Part, Part XIII (containing Sections 143 to 145),immediately after Section 142. The Part XIII includes the following: Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  33. PART XIIIGOVERNMENT CONTROL OVER PUBLIC UTILITIES • Part 143 defines what public utilities means, i.e. the provision of electricity, telecommunications and water services • 143 (a) defines Belize Electricity Limited • 143 (b) defines Belize Telemedia Limited • 143 (c )defines Belize Water Services • 143 (d) extends to any other entity that is designated a public utility provider Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  34. DEFINITION OF MAJOR CONTROL AND OWNERSHIP • Majority ownership and control means holding of not less than fifty one per centum of the issued share capital of a public utility provider together with a majority in the Board of Directors Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  35. DEFINITION OF MAJOR CONTROL AND OWNERSHIP • 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  36. VESTING OF PUBLIC UTILITIES IN THE GOVERNMENT • 144 (1) From the commencement of the Belize Constitutional (Ninth Amendment) Act, 2011, the Government shall have and maintain at all times majority ownership and control of a public utility provider, and any alienation [sale or transfer] of the Government shareholding or other rights, whether voluntary or involuntary, which may derogate from Government’s majority ownership Solicitor General Chambers, East Block Belmopan

  37. VESTING OF PUBLIC UTILITIES IN THE GOVERNMENT • 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  38. 51% WILL INCLUDE SHARES HELD BY THE BELIZE SOCIAL SECURITY BOARD • Provided that in the event the Social Security Board intends to sell the whole or part of its shareholding which would result in the Government shareholding falling below 51 % of the issued stock capital of a public utility provider, the Board shall first offer for sale to the Government, Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  39. 51% WILL INCLUDE SHARES HELD BY THE BELIZE SOCIAL SECURITY BOARD • 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  40. NO ONE WILL OWN A MAJORITY INTEREST IN THE PUBLIC UTILITIES • 144 (2) Any alienation or transfer of the Government shareholding contrary to subsection (1) above shall vest no rights in the transferee [the person to whom the shareholding is sold or transferred] or other person other than the return of the purchase price, if paid. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  41. ACQUISITION OF PUBLIC UTILITIES BY THE GOVERNMENT • 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- • (a) Electricity Act, as amended, and Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  42. ACQUISITION OF PUBLIC UTILITIES BY THE GOVERNMENT • Electricity (Assumption of Control over Belize Electricity Limited) Order 2011… • (b) Belize Telecommunications Act as amended and the • Belize Telecommunications (Assumption of Control Over Belize Telemedia Limited) Order 2011… Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  43. ACQUISITION OF PUBLIC UTILITIES BY THE GOVERNMENT 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  44. ACQUISITION OF PUBLIC UTILITIES BY THE GOVERNMENT • 145(2)The bar on the jurisdiction of the court contained in subsection (1) above is absolute and no 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  45. ACQUISITION OF PUBLIC UTILITIES BY THE GOVERNMENT • 145(3)The property acquired under the terms of [1 (a) and (b)] 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. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  46. THE FORMER OWNERS WILL BE COMPENSATED • 145(4)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 authorizing the acquisition of such property. Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  47. THE CONSTITUTION AS A LIVING INSTRUMENT Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  48. INDEPENDENCE DATESOF SOME CARIBBEAN COUNTRIES Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  49. POST INDEPENDENCE CONSTITUTIONS • Countries have amended their Constitutions post independence as their growth and experiences indicate that need • Examples have been given of Jamaica and Trinidad and Tobago. • Bahamas amended its Constitution ten times in 2002 alone to meet the needs of its people Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

  50. CONCLUSION • The Attorney General’s Chambers has concluded that the Ninth Amendment : • Is in conformity with the laws and Constitution of Belize; and • Is in keeping with state practice in the Commonwealth of nations where post independence constitutions need amendments to reflect the changing needs of the country’s populace Solicitor General’s Chambers, Attorney General’s Ministry, East Block, Belmopan

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