CCJ to rule on whether Belize government can sue former officials for misfeasance

The Caribbean Court of Justice (CCJ) Monday reserved its ruling in a landmark case that could determine whether the present Belize government can take legal action against former government ministers for losses suffered by the state as a result of misfeasance.

Belize filed the lawsuit against former ministers Florencio Marin and Jose Coye seeking to recover BZ$924,056.60 (US$473,923) plus exemplary damages, which the Dean Barrow government claims was lost in the sale of lands below market price by the previous administration.

The Ministry of Natural Resources accused the two of conducts un-becoming of government officials while in office, during the tenure of former Prime Minister Said Musa.

The lawsuit alleges that the two men sold 57 pieces of prime government lots to a private company, which resulted in the loss of hundreds of thousands of dollars to taxpayers.

The land, which is located in the West Landivar area of Belize City, was once owned by the University of Belize.

The land reportedly was sold to the government of Belize under the Musa administration for far more than was paid by the private developer.

But Cove and Marin are asking the CCJ, which was established in 2001 to replace the London-based Privy Council as the region's final court, "whether the Attorney General is competent to institute an action against former ministers claiming damages for misfeasance in public office".

Misfeasance is defined as abuse of power in office.

The defendants' attorneys, Dr Elson Kaseke and Magali Marin-Young, argued that in the tort of misfeasance, only an individual can sue and not the state.

Kaseke said the tort of malfeasance in public office was developed to protect individuals who suffered damages as a consequence of abuse of power by those in office.

He told the five-member panel of judges, including the CCJ president, Michael de La Bastide, that in this particular case, the state, represented by the attorney general has sued two former government ministers.

But Senior Counsel Lois Young, who represented the attorney general, disagreed, arguing that the state was a juridical person who would have suffered damages as a result of the abuse of power by the two appellants.

She argued that while the tort of misfeasance was traditionally brought by an individual, it did not close the door to a public authority.

The case was first heard before the Belize's Chief Justice Conteh who ruled that the attorney general, a quintessentially public officer, complains about abuse by another public officer, should not seek recourse in the torts of civil courts.

But the attorney general appealed the ruling and the Belize Supreme Court overturned the Chief Justice's ruling.

Belize recently became a full member of the CCJ, having joined both the original and appellate jurisdiction of the Port-of-Spain-based court.

The other full members are Guyana and Barbados, while most of the 15-member Caricom countries are signatories to the original jurisdiction of the court that also serves as an international tribunal for interpreting the Revised Treaty of Chaguaramas that governs the regional integration movement.

-CMC