Law-quirk mended by retroactive Rent Committee appointments
PHILIPSBURG--An interesting quirk in the law came to light in late June, whereby St. Maarten Rent Committee decisions since 10-10-10 could be deemed voidable because none of the committee members had been appointed by National Decree (“Landsbesluitâ€) since then. The Daily Herald has now learned that the appointments have been made by decree, retroactively.
At the time, attorney Joeri Essed of BZSE Attorneys at Law posted to the company’s blogsite that the Court of First Instance had nullified a Committee decision on this basis, and that although it said possible retroactive appointments could validate some decisions, “the playing field is now open for those who have been negatively affected by a decision of the Rent Committee that has been taken after October 10, 2010.â€
“On April 13, 2015, the Court...in its capacity of appellate court for decisions taken by the Rent Committee, passed a judgment that may very well have great implications for all decisions taken to date by compositions of the Rent Committee in which one or more of the committee members have not been appointed by Country Decree...â€
The grey area provided “food for discussion among legal professionals,†he had posted.
In an invited comment at the time, Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI Secretary-General Louis Brown told The Daily Herald that now-former VROMI Minister Marcel Gumbs had approved a proposal to appoint members, and forwarded this to Governor Eugene Holiday for signing on June 22.
According to the new information, the Governor issued the decree on August 28, and this was signed off by VROMI September 29.
The Committee should comprise three members, including a Chairman Read more
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