~And disconnection protection~
PHILIPSBURG--The Association for Consumer Protection St. Maarten (ACP-SXM) filed a petition with the Court of First Instance against N.V. GEBE on Tuesday, September 15, asking the court to confirm three things: that GEBE’s Fuel Clause has a lawful basis; that GEBE must clearly show its work when a customer disputes an old balance; and that families should not have their power or water disconnected over a balance they were never given a real chance to verify.
ACP-SXM President Peggy-Ann Richardson said the filing is a historic first for consumer protection on the island and that it is the first time a consumer organization in St Maarten has brought a collective case of this kind against the island’s electricity and water provider.
“We are here because thousands of households across this island, deserve to have their voice heard in a court of law,” Richardson said.
She said the case is not about setting electricity or water tariffs, providing free utilities, forgiving legitimate debt, paying money to ACP-SXM, punishing GEBE or interfering with the company’s ability to operate. “What we are asking is simple: that NV GEBE prove its numbers.”
The first issue concerns the Fuel Clause, a charge every customer pays each month on top of the base electricity rate. ACP-SXM is asking the court to confirm that the Fuel Clause has a lawful basis, as required by law.
Richardson said an independent report commissioned by the Government found that the formula could not be validated and identified a surplus of approximately Cg. 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?” Richardson said.
The second issue concerns old balances disputed by customers, particularly balances going back to the 2022 cyberattack, when Richardson said GEBE’s own systems and records were compromised for months.
ACP-SXM is asking the court to require GEBE, when a customer disputes an old balance, to show its work clearly, in writing and within a reasonable time. “Not vague answers. Real, verifiable numbers,” Richardson said.
The third issue concerns disconnections. ACP-SXM is asking that no family have its power or water cut off over a balance the family was never given a real chance to verify. Richardson said a household disputing a bill in good faith and continuing to pay for what it currently uses should not have its utilities disconnected while the dispute remains unresolved.
The filing follows attempts by ACP-SXM to resolve the issues directly with GEBE. Richardson said the organization presented a written petition containing nine concrete demands in June and met with GEBE in good faith more than once.
Those conversations briefly resulted in a pause in disconnections. Richardson said GEBE chose on June 30 to end further discussions with ACP-SXM. “So today, we let the Court decide what NV GEBE would not agree to resolve with us directly.”
Richardson said GEBE is the only supplier on the island and that residents cannot shop around, switch providers or walk away. “That reality means the standard of transparency, fairness and accountability must be higher here than it would be for an ordinary business — not lower.”
Richardson said the case is not an attack on GEBE or about politics. “This case is not an attack on NV GEBE, and it is not about politics. It is about making sure that 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 that they will not lose access to electricity or water without due process and proof.”
ACP-SXM said its objective is to protect consumers. “This is not a race for who is going to win. ACP's goal is that whatever decision is taken, whether in court or outside court, that it is for the benefit of the consumer.”
Richardson said ACP-SXM will keep the public informed as the case moves forward through the Court. The organization thanked its members, legal counsel and the community for their trust and support.
It also extended special thanks to legal counsel Valya Pantophlet of DeJong and Vivian Choennie of FoxBerman for their guidance and advocacy in bringing the case forward.
ACP-SXM also recognized the many hours sacrificed behind the scenes by legal counsel who provided technical support and guidance, as well as the ACP-SXM Board members for their support, counsel and commitment throughout the process. Richardson ended with a call to GEBE for greater transparency. “And we say to NV GEBE, plainly: show the consumers of this island the transparency they have earned and are owed.”
