There was another interesting development at the courts today – this
one in the Court of Appeal. On Monday, we told you about Government’s
appeal of Chief Justice Dr. Abdulai Conteh’s finding that the Barrow Administration’s
proposed amendments to the constitution regarding petroleum and mineral rights
would be unconstitutional if they were made into law.
As we told you, The Attorney General’s representative in the case, Senior
Counsel Lois Young has been arguing without much success that the supremacy
of parliament trumps that of the constitution. Attorneys for the landowners
say that if it is passed into law, clause two of the Sixth Amendment Bill, which
vests all mineral and petroleum rights in the government of Belize and removes
the right of access to the legal system, would be a violation of fundamental
rights.
The hearing was supposed to continue today but it was adjourned after Young
gave an noteworthy undertaking on the part of the Attorney General – one
that would appease the landowners. She told the court that government has indicated
it is willing to rearrange the wording to make clear that the amendment does
not seek to make any alteration as regards to the rights of landowners to royalties.
The landowners are seeking to extend that to mineral rights. The specific wording
and just what concessions will be made are under discussions and the parties
will go back to the court on Friday to present the re-worded amendment.
If that is settled between the parties – then the court would only have
the matter of parliamentary or constitutional supremacy to rule on – but
with the major conflict settled out of court – they may choose not to
issue a judgment on what would then be a mostly academic point.