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Churches Change Position: They Support The Ninth Amendment
posted (August 22, 2011)
The Churches now fully support the ninth amendment to the constitution. That's the announcement coming out of government today after meetings held Friday and today with the Prime Minister and government members of the Constitution and Foreign Affairs Committee. It's a coup for government but it comes at a cost; the Prime Minister has agreed to excise significant controversial sections of the proposed amendment.

The changes will see the removal of what are known as the ouster clauses; that is the specific language barring court enquiry into the validity of any law passed to alter the Constitution.

To be specific, whereas the proposed amendment to section 69 (9) had said, quote:

"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."

That last section has now been completely deleted.

Now, in section 145 - 1, which speaks about the acqusition of BEL and BTL and that their acquisitions were, quote

"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"

Well, that part about "no court enquiring" has been taken out. And then to section 145 -2 which speaks about, quote,

"no court shall assume jurisdiction on any ground whatsoever….or any ground alleging breach of the rules of natural justice.

Well that has been completely taken out. A release from the Council of Churches this evening said that quote: "As a result of the changes agreed to, both Church Organizations hereby give their full support to the Belize Constitution (9th Amendment) Bill." A release form government says that quote: "Both Church bodies were satisfied that the primary objective of the Ninth Amendment is to…make unassailable Government's ownership of the essential utility services…and both bodies were also satisfied that this objective is entirely in the national interest and a fundamental and proper expression of Belizean sovereignty," end quote. It adds that Government assured the church leaders that the Bill in its new form "would still guarantee the impregnability of the utilities' nationalization."

But there is one difference of opinion. The churches say that "It was agreed that these changes will become effective immediately; and the Bill now in circulation will reflect the changes, and that throughout the remainder of the consultation period this amended version of the Bill will be the basis for further discussion."

Well, according to the Prime Minister he can't do that. The PM today told us that indeed he has given his undertaking that all the changes will be made but he says he can only make the changes when it goes back to the house and to do otherwise would be improper. He says though, that going forward, the changes will be announced at the start f every consultation so that those ouster clauses need not be debated - as they are considered excised.

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