What powers do Articles 20 and 21 give the TEATT Minister over GEBE?

GREAT BAY--The recent reference by Minister of Tourism, Economic Affairs, Transport and Telecommunication Grisha Heyliger-Marten to Articles 20 and 21 of the Electricity Concession Ordinance is significant because those articles provide the legal basis for formal supervision of compliance with the country’s electricity concession rules.

In practical terms, Articles 20 and 21 allow the Minister to designate persons or an institution to supervise whether the electricity concession holder is complying with the law and the conditions of the concession. Once that designation is formally made and published, the designated supervisor is no longer merely assisting government. The supervisor has legal authority to act.

This is the basis for the Minister’s statement that Bureau Telecommunications and Post, BTP, will now move from a supporting or technical role to a formal supervisory role under the Electricity Concession Ordinance.

What Article 20 Allows

Article 20 states that supervision of compliance with the ordinance is carried out by persons designated for that purpose by the Minister. The designation must be published in the official journal used by government for official notifications.

Once designated, the supervisor may, where reasonably necessary for the performance of the supervisory task:

• Ask for any information;

• Demand access to books, documents and other data carriers;

• Make copies of documents or temporarily take documents for copying;

• Inspect and examine goods;

• Temporarily take goods for inspection or sampling;

• Enter locations, except homes, without the express permission of the occupant;

• Enter dwellings or parts of vessels used as dwellings, subject to the applicable rules of criminal procedure.

These powers are important because they allow the supervisor to go beyond voluntary requests. In the case of GEBE, this means the designated supervisor can require access to the information needed to review tariff calculations, fuel clause methodology, financial data, operational data, maintenance planning and compliance with the concession.

The article also states that everyone is obliged to provide the supervisor with the cooperation required under the law. This means that once BTP is formally designated and the decree is published, cooperation is not optional.

The only limitation expressly included in Article 20 is for persons who are bound by secrecy because of their office, profession or legal duty. Those persons may refuse cooperation only insofar as their duty of confidentiality justifies it.

What Article 21 Requires

Article 21 deals with the way supervisors must identify themselves when carrying out their duties.

It requires supervisors to carry proof of identity while performing their tasks. If requested, they must immediately show that proof of identity. The identification must include a photo of the supervisor and must state at least the supervisor’s name and capacity.

This is meant to protect both the public and the concession holder by ensuring that supervisory powers are exercised by properly identified persons acting under legal authority.

Article 21 also allows further rules to be set by national decree containing general measures regarding the way supervisors perform their duties.

The Minister has said government cannot responsibly make decisions on GEBE tariffs, fuel clause adjustments or relief measures without verified information. Articles 20 and 21 provide the legal tools to obtain that information.

Through these provisions, the supervisor can demand information, inspect records, examine data, review calculations and verify whether GEBE is complying with the Electricity Concession Ordinance and the concession conditions.

This directly addresses one of the main issues raised by the Minister: that previous efforts to review GEBE’s tariffs and fuel clause were limited because BTP and RAC did not receive all of the information needed to independently validate GEBE’s data and methodology.

Once the supervisory mechanism is activated, the process changes. Government is no longer dependent only on voluntary cooperation. The law gives the designated supervisor authority to obtain the information necessary to determine whether GEBE’s tariffs, fuel clause and operations are properly supported.

Penal Provisions: What Happens if There Is Non-Compliance

The ordinance also includes penal provisions under Article 29. This article states that anyone who acts in violation of the provisions of the ordinance, or provisions made pursuant to it, may be punished by imprisonment for a maximum of two months or a fine of the second category.

The offense is classified as a criminal offense under the ordinance.

Article 29 also provides for stronger consequences in the case of repeat violations. If less than one year has passed since a previous conviction for a similar offense became final, the maximum imprisonment may be doubled, or the fine may be increased to the next higher category.

In practical terms, this means that obstructing the supervisor, failing to cooperate where the law requires cooperation, or violating the concession or the ordinance can carry real legal consequences.

This is why the Minister’s statement that oversight will be enforced is more than a policy position. It is tied to the enforcement structure of the ordinance itself.

Administrative Enforcement Under Article 22

In addition to the criminal provisions, Article 22 gives the Minister administrative enforcement authority. It authorizes the Minister to have removed, evicted, prevented, restored to the previous situation, or otherwise corrected what is done, held or omitted contrary to the ordinance or provisions made under it.

This means the Minister is not limited to asking for compliance. Where the law is violated, the Minister has administrative tools to correct or stop non-compliant actions.

Together, Articles 20, 21, 22 and 29 create a chain of supervision and enforcement: the Minister designates the supervisor, the supervisor verifies compliance, cooperation is legally required, non-compliance can trigger enforcement, and violations can carry criminal penalties.

What the Minister Can Do Under This Framework

Based on the cited articles, the Minister can:

• Designate BTP or other qualified persons as supervisor under the ordinance;

• Ensure that designation is formally published;

• Activate supervisory powers to obtain information and inspect records;

• Require cooperation from the concession holder;

• Use the supervisor’s findings to assess compliance with the concession;

• Trigger enforcement measures where violations are found;

• Use administrative coercion under Article 22 to correct unlawful situations;

• Rely on the penal provisions under Article 29 where persons violate the ordinance or obstruct lawful supervision.

The Minister cannot simply invent or impose tariffs without the required legal basis and verified cost data. However, the Minister can activate the legal supervisory mechanism needed to obtain that data, test the fuel clause, assess the tariff methodology, determine whether GEBE is complying with the concession, and take action where the law allows.

Bottom Line

Articles 20 and 21 give the Minister the legal basis to move from concern to formal oversight. Article 22 gives the Minister administrative enforcement authority. Article 29 gives the ordinance consequences for violations.

That is why the formal designation of BTP as supervisor is important. It gives government a lawful path to obtain the information needed, verify GEBE’s numbers, test the fuel clause, enforce compliance and protect the public interest while staying within the boundaries of the Electricity Concession Ordinance.

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