ACP-SXM requests civil inquiry into N.V. GEBE

GREAT BAY--The Association for Consumer Protection St. Maarten, ACP-SXM, has submitted a formal request to the Procureur-Generaal and the Chief Public Prosecutor of St. Maarten, asking their offices to assess whether the circumstances at N.V. GEBE warrant the institution of a civil inquiry, known as an enquêteprocedure, under Article 2:346 of the Civil Code.

ACP-SXM said the request is based on a body of publicly documented findings that it believes merits careful review by the appropriate authorities.

Among the matters presented is an independent, government-commissioned tariff evaluation that identified a net consumer overcharge of approximately US $6.9 million through the electricity fuel clause between 2022 and 2024.

The association also cited the recent resumption of household disconnections under a new temporary collection policy, while questions concerning the underlying billing structure remain unresolved and without evidence of stakeholder engagement.

ACP-SXM further pointed to a prolonged vacancy within GEBE’s permanent governance structure, which has now continued for approximately six years.

Outstanding questions surrounding the handling of the 2022 cybersecurity incident and its consumer-protection implications were also included in the request.

The association additionally highlighted a further fuel clause adjustment implemented on July 10, 2026, ahead of the regulatory review process outlined by BTP SXM.

ACP-SXM noted that the request is not without precedent. In 2015, the Public Prosecutor’s Office sought information from another wholly government-owned company, St. Maarten Harbour Holding Company N.V., on public-interest grounds.

That matter was ultimately considered by the Hoge Raad der Nederlanden, which confirmed in 2022 that the Public Prosecutor’s Office had standing authority to bring such a request concerning a government-owned company.

ACP-SXM submitted that this precedent supports the appropriateness of similar consideration in the matter involving N.V. GEBE.

The association has also requested that the Prosecutor’s Office consider appropriate interim measures to safeguard consumers while any inquiry is pending.

ACP-SXM said it recognises and respects the independence and discretion of the Prosecutor’s Office in evaluating the request and does not seek to direct how that discretion should be exercised.

The association stated that its role is to bring the documented concerns forward on behalf of consumers, with the aim of contributing to a constructive and timely resolution.

ACP-SXM expressed gratitude for the continued attention of the relevant authorities and said it will keep the public informed as appropriate.

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