Copy of Ninth Amendment Bill to the Belize Constitution

NOW RENAMED

The EIGHTH AMENDMENT BillConsultations and Objections to October 19, 2011

1. Political and sometimes confrontational consultations countrywide with attendanceranging from 600 to 1000 in Belmopan, Belize City and each District Town with theexception of San Pedro Ambergris Caye—Totaling approximately 7, 000 persons

2. Those who presented objections: The Bar Association, Chamber of Commerce, TheNational Teachers’ Union, APAMO, COLA, Belizeans for Justice

3. The Council of Churches withdrew its objections after meeting with the Prime Ministerand getting some assurances satisfactory to them. The Organizations above continued toobject even after these assurances to the Council of Churches.

4. Friends of Belize submitted approximately 21,000 signatures to the Governor General ofElectors requesting a Referendum on the Ninth Amendment

5. KREM’s Two Cents Cam on October 18, 2011—8 out of 10 persons want a Referendum

House Meeting held October 21, 2011

1. Attendees: All 24 members of the UDP, 1 Relegated member of the UDP (Hon. MarcelCardona), 3 members of the Opposition (Rt. Hon Said Musa, Hon Francis Fonseca(Leader Designate), Hon Florencio)

2. Non-Attendees: Hon John Briceno, Hon Mark Espat, Hon Cordel Hyde—no excusegiven to the People of Belize

3. Those who voted for the Ninth: All 24 UDP Members of the House4. Those who voted Against the Ninth: All 3 PUP Members of the House5. Those who Abstained: Hon Marcel Cardona who has been relegated by the UDP to the

side with the Opposition6. The Bill went through ALL 3 readings in one House sitting—it was “rammed” through7. The Bill now goes to the Senate on Monday, October 24, 2011 for approval before being

signed into law by the Governor General8. 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 whichamend 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 Billwhich 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: -

1. This Act may be cited as the

BELIZE CONSTITUTION ( EIGHTH AMENDMENT) ACT, 2011,

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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Short title.

CAP. 4

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

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.”

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.”

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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Addition of new Part XIII and sections 143 to 145.

Amendment of section 2.

Amendment of section 69.

“PART XIII

GOVERNMENT CONTROL OVER PUBLIC UTILITIES

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

Companies Act, or its successors

by whatever name called;

(b) Belize Telemedia Limited, a

company incorporated under the

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

called; and

(d) any other entity designated as a

public utility provider for the

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Interpretation.

CAP. 250

CAP. 250

CAP. 250

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.

144. (1) From the commencement of the Belize

Constitution (Eighth 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 of the Government

shareholding or other rights, whether voluntary or

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Majority ownership and control of public utilities.

No. __ of 2011.

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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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 the

Electricity (Assumption of Control Over

Belize Electricity Limited) Order,

2011(hereinafter referred to as “the Electricity

Acquisition Order”); and

(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

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

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

Act 16/02 29/05 9/09 8/11S.I. 70/11

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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