Home Local News MP Roseburg supports Ministerial Steps on NV GEBE, further suggesting next to...

MP Roseburg supports Ministerial Steps on NV GEBE, further suggesting next to current steps  being taken for Council to Launch of Corporate Inquiry, as done for the harbor in 2017  (enquête procedure), alongside New BTP Oversight.  

81

 

PHILIPSBURG, SINT MAARTEN — After sending a formal advisory letter to the Council of  Ministers, MP Sjamira D.M. Roseburg, LL.M., is calling on the government as 100%  shareholder to immediately petition the Common Court of Justice to open a corporate  inquiry procedure (enquête procedure) for NV GEBE. 

Roseburg insists this judicial track should go alongside the regulatory initiatives already  being executed by the Ministries of TEATT and VROMI.  

If the Council doesn’t move forward with this inquiry procedure, she warns, that history  might repeat itself. She hereby refers to the start of the inquiry procedure of the harbor in  2017. 

She fully commends the steps both Ministers have taken, in regards to coming to the newly  published decree giving Bureau Telecommunicatie en Post (BTP) oversight. 

The Court Inquiry is seeing the current status and the lack of transparency and  accountability much needed. The procedure opens the black box of the past years to see  where it went wrong and who is to be held responsible, with the goal to permanently clean  up the corporate foundation.” 

NV GEBE has not met its statutory duty to maintain proper administration or file audited  financial statements on time, a structural administrative gap (structureel administratief  gat) that demands a judicial answer. The judicial inquiry is the last resort to audit why the  billing system is still failing, how and if the fuel clause was ( fairly ) calculated, ensuring  absolute transparency for consumers who have been left in the dark. 

It should be noted that only a Selective Group Can Act

Under Caribbean corporate law, only the Shareholder (the government), the corporate  boards, or the Public Prosecutor can file for a Court Inquiry. Individual citizens and  Parliament have no standing.  

That places the responsibility squarely on the government as 100% owner. 

Roseburg points to two regional precedents to make her case. In Curaçao, when  Aqualectra faced severe financial distress from past mismanagement, the government  acted as shareholder, partnered with stakeholders, and launched the inquiry themselves,  successfully cleaning up the utility while keeping full control of the process. The contrast  with Sint Maarten’s own 2017 harbor situation could not be starker. There, the government  stayed passive. Because the shareholder didn’t act, the Public Prosecutor stepped in on  public interest grounds, forcing an inquiry and completely sidelining the government in its  own company. 

“We must absolutely prevent a repeat of the Harbor scenario,” Roseburg warns. “It is  constitutionally, democratically, and administratively far cleaner if the government takes  responsibility and requests this investigation itself.” 

Truth-Finding, Not Finger-Pointing 

Roseburg is clear this is about facts, not politics. “The administration does not lie and the  books must speak for themselves.” The company’s current state, she says, is the result of  years of sheer neglect. 

If the Court identifies manifest mismanagement, the consequences can be severe and  personal. Under the Civil Code, former and current executives such as past CEOs, COOs,  CFOs, or supervisory commissioners who caused or enabled the financial and  administrative chaos can be held personally liable in their private assets. 

Roseburg is awaiting a formal written response from the Council of Ministers on their  willingness to submit the petition to the Common Court of Justice.