Case on constitutional amendment wraps up

And in the Supreme Court today, the case of Barry Bowen and the Landowners Association versus the Government of Belize wrapped up just before noon. The Chief Justice has reserved judgment on the matter, saying (quote) “there is no question that it is an important case which raises fundamental issues that need to be addressed.” Today’s final session was for Bowen’s attorney senior counsel, Eamon Courtenay, and Landowners attorney Anthony Sylvestre, to respond to the submissions of Senior Counsel Lois Young, who is appearing for government. According to the attorneys, G.O.B. has been contending that the legislature has absolute power to pass laws and amend the constitution so long as they have the required majority and have complied with the provisions of the constitution. Courtney and Sylvestre told the C.J. they fundamentally disagree with that argument and after court they explained to News Five, why.

Anthony Sylvestre, Attorney, Land Owners
“We have been saying from the onset that it cannot be, it would make a mockery of the constitution, of the sovereign and democratic state which Belize is if parliament is to have such an absolute type of power. And so we, in response, said that first parliament does not have that power. That power is subject to, what I referred to as other inherent features of the constitution where there is a separation of powers, there are rules of law that applies to functionaries and public authorities. Those constitutionally ingrained features, they have to be applied when parliament is making laws if the laws are to be for peace, order and good government.”

Eamon Courtenay, Attorney for Barry Bowen
“That power does not reside in parliament, it resides in the people and so our submission to the Chief Justice on the basis of cases we drew from India, Africa, and Mauritius, was that section one and two of the constitution has to be read with an implied condition that the people of Belize have the right to determine whether or not the constitution will be amended in a fundament way. And what is the fundamental amendment we’re talking about? It is not the vesting in of petroleum and minerals in the government; but the vesting petroleum and minerals in the government without compensation, one and barring access from coming to court to say wait a minute my right to oil is being affected or my other tight to compensation for oil is being affected. That is the fundamental departure from the constitutional construct which we say cannot happen unless the people give the legislature the mandate.”

Kendra Griffith
“Both sides have presented their case, it now rests in the C.J.a’s hands, how are you feeling?”

Eamon Courtenay
“Kendra, I have learnt over the years that one awaits when we get it in black and white. I have done many cases where I felt that I lost and ended up winning and vice-versa; you feel that you had won and end up losing the case. Quite frankly the matter has been argued very well on both sides, the law put before the Chief Justice and we await his decision.”