No disconnection without proof, consumer group tells court
PHILIPSBURG — ACP-SXM on Monday filed a petition with the Court of First Instance against N.V. GEBE, calling it the first time a consumer organization in Sint Maarten has brought a collective case of this kind against the island’s electricity and water provider.
Speaking at the courthouse on behalf of ACP-SXM, President Peggy-Ann Richardson said the filing was made because thousands of households deserve to have their voice heard in a court of law. “This is a historic first for consumer protection on this island, and we do not take that lightly,” she said.
Richardson made clear what the case is not. ACP-SXM is not asking the court to set electricity or water tariffs, grant free utilities, forgive anyone’s legitimate debt, or pay money to the association. She said the case is not about punishing NV GEBE for existing or interfering with its ability to do its job.
“What we are asking is simple: that NV GEBE prove its numbers. ”According to Richardson, ACP-SXM tried for months to resolve the matter directly with GEBE. The organization presented a written petition with nine concrete demands in June and sat down at the table in good faith more than once. Those talks briefly led to a pause in disconnections. On June 30, she said, NV GEBE itself chose to end further discussions. “So today, we let the Court decide what NV GEBE would not agree to resolve with us directly.”
The association is asking the court to confirm three things.
First, that the Fuel Clause — a charge every customer pays every month on top of the base electricity rate — actually has a lawful basis, as the law requires. Richardson said an independent report commissioned by the government itself found that the formula could not even be validated and identified a surplus of approximately XCG 12.6 million collected from consumers. “We want to know: where did that money go, and was it ever lawfully charged in the first place?”
Second, when a customer disputes an old balance — especially balances going back to the 2022 cyberattack, when NV GEBE’s own systems and records were compromised for months — GEBE must show its work. Clearly, in writing, and within a reasonable time. “Not vague answers. Real, verifiable numbers.”
Third, that no family should have their power or water cut off over a balance they were never given a real chance to verify. If a household is disputing a bill in good faith and continues to pay for what they currently use, that household should not go dark while the dispute is still unresolved.
Richardson said NV GEBE is the only supplier the island has. Residents cannot shop around, switch providers, or walk away. That reality, she said, means the standard of transparency, fairness and accountability must be higher here than it would be for an ordinary business — not lower.
She said the case is not an attack on NV GEBE and is not about politics. It is about making sure every consumer on Sint Maarten — every household, every small business, every senior citizen on a fixed income — can trust what is written on their bill and can trust they will not lose access to electricity or water without due process and proof.
ACP-SXM said it will keep the public informed every step of the way as the case moves through the court. Richardson thanked the association’s members, legal counsel, board members, and the community for the trust placed in the organization. She named legal counsel Valya Pantophlet of DeJong and Vivian Choennie of FoxBerman for their guidance and advocacy, and recognized other legal counsel who gave technical support behind the scenes. She also thanked the ACP-SXM board for its steadfast support.
To NV GEBE, she said plainly: show the consumers of this island the transparency they have earned and are owed.
