The controversial Bill goes to the House in less than 24 hours for approval on October 24, 2011. It has been rename the Eight Amendment Bill and critis claim that it still contains some "Offensive" Sections---Sopme notes and a copy of the Bill.

1. Copy of Ninth Amendment Bill to the Belize Constitution
The EIGHTH AMENDMENT Bill
NOW RENAMED
Consultations and Objections to October 19, 2011
1. Political and sometimes confrontational consultations countrywide with attendance
ranging from 600 to 1000 in Belmopan, Belize City and each District Town with the
exception of San Pedro Ambergris Caye—Totaling approximately 7, 000 persons
2. Those who presented objections: The Bar Association, Chamber of Commerce, The
National Teachers’ Union, APAMO, COLA, Belizeans for Justice
3. The Council of Churches withdrew its objections after meeting with the Prime Minister
and getting some assurances satisfactory to them. The Organizations above continued to
object even after these assurances to the Council of Churches.
4. Friends of Belize submitted approximately 21,000 signatures to the Governor General of
Electors requesting a Referendum on the Ninth Amendment
5. KREM’s Two Cents Cam on October 18, 2011—8 out of 10 persons want a Referendum
House Meeting held October 21, 2011
1. Attendees: All 24 members of the UDP, 1 Relegated member of the UDP (Hon. Marcel
Cardona), 3 members of the Opposition (Rt. Hon Said Musa, Hon Francis Fonseca
(Leader Designate), Hon Florencio)
2. Non-Attendees: Hon John Briceno, Hon Mark Espat, Hon Cordel Hyde—no excuse
given to the People of Belize
3. Those who voted for the Ninth: All 24 UDP Members of the House
4. Those who voted Against the Ninth: All 3 PUP Members of the House
5. Those who Abstained: Hon Marcel Cardona who has been relegated by the UDP to the
side with the Opposition
6. The Bill went through ALL 3 readings in one House sitting—it was “rammed” through
7. The Bill now goes to the Senate on Monday, October 24, 2011 for approval before being
signed into law by the Governor General
8. Please NOTE the Ninth Amendment Bill is now renamed as the Eighth Amendment Bill
which will go to the Senate

2. 9. The Ninth now the New Eighth Amendment Bill still contains the Sections which
amend Sections 2 and 69 of the Constitution. These amendments are considered
“Offensive” due to the Ouster Clauses which excludes the Courts.
10. Attached is a copy of the Ninth Amendment Bill now called the Eighth Amendment Bill
which will be going to the Senate for approval on Monday, October 24, 2011.
Myrtle Palacio
October 23, 2011

3. Belize Constitution
BELIZE:
BILL
for
AN ACT to amend the Belize Constitution, Chapter 4 of the Laws
of Belize, Revised Edition 2000-2003, to provide that the
Government shall at all times have majority ownership and control
of public utilities; to clarify the provisions relating to the
amendment of the Constitution; and to provide for matters
connected therewith or incidental thereto.
(Gazetted 23rd July 2011).
BE IT ENACTED, by and with the advice and consent of the
House of Representatives and the Senate of Belize and by the
authority of the same, as follows: -
Short title. 1. This Act may be cited as the
BELIZE CONSTITUTION (EIGHTH AMENDMENT)
ACT, 2011,
CAP. 4
and shall be read and construed as one with the Belize
Act 2/01
39/01 Constitution which, as amended, is hereinafter referred to as the
23/05
13/08 Constitution.
4/10
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4. Amendment of
section 2.
2. Section 2 of the Constitution is hereby amended by
renumbering that section as subsection (1) and by adding the
following as subsection (2):-
“(2) The words “other law” occurring in subsection (1)
above do not include a law to alter any of the provisions of
this Constitution which is passed by the National Assembly
in conformity with section 69 of the Constitution.”
Amendment of
section 69. 3. Section 69 of the Constitution is hereby amended by the
addition of the following new subsection after subsection (8):-
“(9) For the removal of doubts, it is hereby declared that
the provisions of this section are all-inclusive and exhaustive
and there is no other limitation, whether substantive or
procedural, on the power of the National Assembly to alter
this Constitution; and 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.”
Addition of new
Part XIII and 4. The Constitution is hereby amended by the addition of the
sections 143 to
145. following as new Part XIII (containing sections 143 to 145)
immediately after section 142:-
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5. “PART XIII
GOVERNMENT CONTROL OVER PUBLIC UTILITIES
Interpretation. 143. For the purposes of this Part:-
“public utilities” means the provision of
electricity services, telecommunication
services and water services;
“public utility provider” means —
“(a) Belize Electricity Limited, a
CAP. 250 company incorporated under the
Companies Act, or its successors
by whatever name called;
(b) Belize Telemedia Limited, a
company incorporated under the
CAP. 250
Companies Act, or its successors
by whatever name called;
(c) Belize Water Services Limited,
a company incorporated under
the Companies Act, or its
CAP. 250 successors by whatever name
called; and
(d) any other entity designated as a
public utility provider for the
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6. purposes of this Part by a
resolution passed by the National
Assembly in that behalf;
“Government” means the Government of
Belize;
“Government shareholding” shall be
deemed to include any shares held by the
Social Security Board;
“majority ownership and control” means
the holding of not less than fifty one per
centum (51%) of the issued share capital of a
public utility provider together with a majority
in the Board of Directors, and the absence
of any veto power or other special rights given
to a minority shareholder which would inhibit
the Government from administering the affairs
of the public utility provider freely and
without restriction.
Majority ownership 144. (1) From the commencement of the Belize
and control of
public utilities. Constitution (Eighth Ninth Amendment) Act, 2011,
No. __ of 2011.
the Government shall have and maintain at all times
majority ownership and control of a public utility
provider; and any alienation of the Government
shareholding or other rights, whether voluntary or
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7. involuntary, which may derogate from Government’s
majority ownership and control of a public utility
provider shall be wholly void and of no effect
notwithstanding anything contained in section 20 or
any other provision of this Constitution or any other
law or rule of practice:
Provided that in the event the Social Security
Board (“the Board”) intends to sell the whole or part
of its shareholding which would result in the
Government shareholding (as defined in section 143)
falling below 51% of the issued stock capital of a
public utility provider, the Board shall first offer for
sale to the Government, and the Government shall
purchase from the Board, so much of the
shareholding as would be necessary to maintain the
Government’s ownership and control of a public
utility provider; and every such sale to the
Government shall be valid and effectual for all
purposes.
(2) Any alienation or transfer of the
Government shareholding contrary to subsection (1)
above shall vest no rights in the transferee or any
other person other than the return of the purchase
price, if paid.
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8. Validity of
Acquisition Orders 145. (1) For the removal of doubts, it is hereby
in respect of Belize
Electricity Limited declared that the acquisition of certain property by the
and Belize
Telemedia Limited. Government under the terms of the —
CAP. 221 (a) Electricity Act, as amended, and the
Act 12/07
Act 4/11 Electricity (Assumption of Control Over
S.I. 67/11
Belize Electricity Limited) Order,
2011(hereinafter referred to as “the Electricity
Acquisition Order”); and
Act 16/02 (b) Belize Telecommunications Act, as
29/05
9/09 amended, and the Belize Telecommunications
8/11
S.I. 70/11 (Assumption of Control Over Belize
Telemedia Limited) Order, 2011, (hereinafter
referred to as “the Telemedia Acquisition
Order”),
was 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 notwithstanding anything to the contrary
contained in section 17, section 20 or any other
provision of this Constitution or any other law or rule
of practice.
(2) The bar on the jurisdiction of the court
contained in subsection (1) above is absolute and no
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9. court shall assume jurisdiction on any ground
whatsoever including, without limitation, any alleged
ground of lack of jurisdiction in the persons making
the said Acquisition Orders, or any ground alleging
breach of the rules of natural justice.
(32) The property acquired under the terms of
the Electricity Acquisition Order and the Telemedia
Acquisition Order referred to in subsection (1) above
shall be deemed to vest absolutely and continuously
in the Government free of all encumbrances with
effect from the date of commencement specified in
the said Orders.
(43) Nothing in the foregoing provisions of this
section shall prejudice the right of any person
claiming an interest in or right over the property
acquired under the said Acquisition Orders to receive
reasonable compensation within a reasonable time in
accordance with the law authorising the acquisition of
such property.”
_________ … __________
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