The Monopoly of National Gas Company Violates LPG Importers

Audrey Matura

In her ruling last week, Justice Michelle Arana, was of the view that there exists issues to be resolved by the court in a pending constitutional claim. Attorneys for the importers are relying on the rights of the importers to freely conduct business and that by denying them a license; the government is violating the constitution. 

Audrey Matura, Attorney-at-law

“The reason we have a constitutional case before the court is very simple. Under the constitution, section fifteen and other sections that we are also relying on; section fifteen says that you have the right to work in any field you want, any trade, any business you want. It is right here in the constitution, right at section fifteen. And if that right is violated, you can go to the court. The claimants, the LPG companies, is saying I have a right to operate freely as an LPG importer. The government, however, is violating that right, we are saying, by creating a monopoly company. The monopoly company is the National Gas Company. But not only have they created a monopoly company and saying from now on nobody else can import LPG, only this company. In doing that, we are saying it is a violation. And we are saying it is more than just a violation, the Belizean public should be worried because when you create that monopoly now, the same thing that is happening right now at the gas pumps where the government controls the price and there is only one person bringing in fuel and no matter how low the price goes, the government refuses to give you cheaper fuel. That’s the same thing they want to create right now with butane. And the reason they want to create that with butane is that once they have one company doing all the importation, they can do that. Under the legislation creating the monopoly at section seven, the government made it clear that you are a monopoly company, the National Gas Company, will not be paying any, any taxes: not environmental tax, not income tax, not GST, not land tax, not exchange control tax, absolutely no taxes. So for fifteen years, this company that will have full control as to what they import in butane and the prices along with government, they will control that. They will not only control that, but will not be paying taxes. The present companies, there are six companies importing LPG right now, those companies pay all those taxes; that’s revenue the government will lose. So the case is more than just their constitutional rights. So they are also bringing a claim under section six of the constitution which says that you have the right to be treated fairly and equally under the law; the equal protection of the law. Right now, the monopoly law, act number twelve of 2019, is only giving special protection to the National Gas Company and not to the others.”