CCJ rules regarding legal disagreement between gas corporations and the Belizean government

On Thursday, November 20, 2025, the Caribbean Court of Justice (CCJ) rendered a decision in case BZ2024/003, titled Controller of Supplies v Gas Tomza Ltd. A CCJ report stated that the court upheld the constitutionality of the legislation governing the importation of liquefied petroleum gas (LPG) and ruled that the Government of Belize was not obligated to compensate gas companies whose operations had been negatively impacted by this legislation.

The write-up explained that the legal dispute revolved around the Government’s National Liquified Petroleum Gas (NLPG) Initiative, designed to enhance the quality, availability, safety standards, and affordability of LPG within Belize. As part of this initiative, the Government established the National Gas Company (NGC) and enacted the National Liquified Petroleum Gas Project Act (the Original Act). This legislation granted NGC exclusive rights to import LPG and provided tax exemptions as well as other advantages to the company.

The Original Act was challenged by several gas companies, which had monopolized LPG importation into Belize for more than two decades, as per the release. These companies argued that the law substantially impacted their businesses, causing a significant loss of customers. They filed a claim in the Belize High Court, asserting that the legislation infringed their constitutional rights to property, to work, to freedom of association, and to equality before the law. Before the case was fully adjudicated, the legislation was amended to permit other companies to import LPG. The gas companies contended that the original law effectively confiscated their property—specifically, the goodwill associated with their businesses—without providing compensation. The High Court determined that their property rights had indeed been violated (since their goodwill was acquired), but dismissed the remaining claims. The Court of Appeal upheld the finding of property rights infringement, additionally recognizing a breach of their right to work.

CCJ said that the majority of the CCJ judges concluded that, given the appropriate standard of review applicable to socio-economic legislation, the gas companies failed to prove that their goodwill had been unlawfully expropriated by the Government. Although they experienced a reduction in market share, expert evidence would have been necessary to establish that this loss amounted to the confiscation of goodwill. Moreover, since the gas companies continued to operate their businesses, the Court found no violation of the right to work. Regarding the rights to freedom of association and equality before the law, the CCJ determined that no breaches had occurred.

It is reported that in dissent, one judge argued that the gas companies successfully demonstrated that their rights to property and to work had been violated, and that the State had not justified these infringements. The dissenting opinion emphasized that the Original Act resulted in immediate loss of business and goodwill, and that the importation rights essential to the companies’ operations were effectively taken away through the law’s enactment and subsequent amendment.

Given the case’s public significance and its complex nature, and recognizing that the gas companies acted reasonably, the Court ordered each party to bear their own legal costs.

The decision was delivered by the CCJ President, Honourable Mr. Justice Anderson, alongside Justices Rajnauth-Lee, Barrow, Jamadar, and Ononaiwu. Legal representation for the Controller of Supplies and the Minister of Economic Development, Petroleum, Investment, Trade and Commerce was led by Mr. Edward Fitzgerald, KC, Ms. Angeline Welsh, KC, and Mr. E. A. Marshalleck, SC. The Attorney General was represented by Mr. Eamon H. Courtenay, SC, and Ms. Iliana N. Swift. The gas companies—Gas Tomza Ltd, Western Gas Company Ltd, Southern Choice Butane Ltd (doing business as Zeta Gas), and Belize Western Energy Ltd—were represented by Mr. Douglas Mendes, SC, Mr. Godfrey P. Smith, SC, Mr. Luke Hamel Smith, and Mr. Hector Guerra.