Court dismisses G.O.B.’s appeal against landowners

This afternoon Justices; Elliott Mottley, Dennis Morrison and Boyd Carey of the Court of Appeal dismissed an appeal by the Government of Belize against businessman Barry Bowen and the Landowners Association. G.O.B. had appealed a landmark ruling by the Chief Justice, Dr Abdulai Conteh given earlier this year in which the C.J. ruled that the government’s proposal to amend a section of the constitution would take away landowners’ rights to access the courts if government seizes land and therefore the proposed Bill was unconstitutional. The government challenged that ruling, but during that period when the arguments started and when it resumed today, the House of Representatives amended the Bill. But the arguments before the Appeals court today were on the law as it stood before the amendment. The Justices concluded today that in this particular case, the CJ’s ruling stands on academic grounds. News Five spoke earlier with attorney for the Belize Land Owners Association, Anthony Sylvestre, who explained the technical process.

Anthony Sylvestre Jr., Attorney, Belize Landowners Assn.
“The government had presented its case in the June session of the Court of Appeal. When we resumed this morning, the government introduced to the court the fact that in October the House of Representatives had done an amendment to the Sixth Constitutional Amendment Bill. What they had don was in that bill they basically had further amended clause two, which is the subject of this appeal. So the Court is saying…”

Marion Ali
“It was amended to say what?”

Anthony Sylvestre Jr.
“Well, they are now saying that landowners have the right to royalty, that they have that right. That right is safe because the previous amendment was not clear. But the issues of this appeal goes further than just simply right to royalty; it’s more access the court for the purposes of determining compensation and other things. So it’s not simply with respect to right to royalty. What happened thereafter is that the court went on to ask Ms Lois Young, who is the attorney for the government, look, since you’ve now amended this bill, effectively then there is no right need for us appeal because there is nothing for us to consider because the subject of this appeal was a previous bill. So now that a new bill has been passed, which basically amends the law under consideration by the court, the court does not make academic judgments. The initial bill was unconstitutional and it sought to deprive landowners not only right to royalty but simply and access and it still does.”

Marion Ali
“Even in its amended form?”

Anthony Sylvestre Jr.
“Even in its amended form it still does. The way the amendment to the Constitution was put was not clear whether a land owner would be able to access the court, and so if they can’t access the court what would happen then is that the land owner will then have to deal with the government department, which usually involves, that is the Ministry of Natural Resources and the Ministry of Finance. At the end of the day, a landowner may determine in his mind that look, my land values more than this. And he only has, the way the law was originally set, the Ministries to deal with, and so by having this matter brought be to court, the court will reinforce that important notion of democracy; that if he is unsatisfied with what is being offered to him then he can come to the court. At the end of the day that’s what this whole matter is about.”

Representing Bowen were attorneys Eamon Courtenay and Magali Marin. Attorney Lois Young Barrow represented G.O.B.