MP Sjamira Roseburg seeks answers from GEBE through shareholder, Using the only official channel available

GREAT BAY--Member of Parliament Sjamira D. M. Roseburg has formally submitted a detailed set of questions about GEBE to Prime Minister and Minister of General Affairs Dr. Luc Mercelina on Friday, August 15, 2025. In his capacity as shareholder representative of NV GEBE, the Prime Minister is the only official channel through which Parliament can obtain answers directly from GEBE’s Supervisory Board and management.

The objective is to obtain clear, written responses that can be communicated to the public in a timely manner.

MP Roseburg’s request follows recent public communications from GEBE, government actions, and the release of the report, “Evaluation of Electricity and Potable Water Tariffs in Sint Maarten” dated August 13, 2025 by RAC/BTP. The report cites a lack of transparency, due diligence, and fairness in GEBE’s tariff structure and billing processes, and points to incorrect or inadequate application of the Field Client metering, including:

• Insufficiently frequent and consistent measurements,

• Use of incomplete or inaccurate data in calculating fuel costs,

• Inadequate documentation and the absence of independent verification of measurement results.

The letter also notes that since the cyberattack on GEBE in 2022, many customers have faced unexplained and disputed arrears, where the administrative basis is not always transparent or verifiable. Concerns are compounded by disconnections that, in some cases, occur without proper individual notification.

MP Roseburg underscores that individual written notice must state the total amount due, the specific reason for disconnection, a reasonable payment deadline, and an offer of a payment arrangement. She references established case law confirming that general media announcements are legally insufficient, including jurisprudence from Supreme Court of the Netherlands (Hoge Raad), 13 June 2003, ECLI:NL:HR:2003:AF9443, Court of Appeal ’s-Hertogenbosch, 19 January 2010,ECLI:NL:GHSHE:2010:BL127.

European Court of Human Rights, Airey v. Ireland. District Court Midden-Nederland, 24 April 2013, ECLI:NL:RBMNE:2013:CA1182

On the Fuel Clause, the report highlights structural deficiencies, including:

• Double cost allocation between electricity and water,

• Non-transparent surcharges without internal accountability,

• Lack of an independent correction mechanism.

With the public interest in mind, MP Roseburg asks the Prime Minister to forward the following questions to NV GEBE and ensure written replies to Parliament:

Disconnection policy

1. What Disconnection Policy is currently being applied?

2. Are consumers systematically given personal and written notice with all required information before disconnection?

3. Does GEBE acknowledge that general announcements in the media are legally insufficient?

4. Is GEBE willing to immediately bring this policy in line with national and international standards, including the principle that disconnection should only be applied as a last resort?

5. What payment arrangements are offered, and how are these actively communicated?

Fuel Clause and Field Client metering

6. Does GEBE acknowledge the findings regarding the Fuel Clause and the deficiencies in the Field Client metering?

7. Will the current method be immediately halted or adjusted, and if so, how and when?

Financial arrears

8. How will GEBE ensure that financial arrears are correctly determined following the cyberattack?

9. How will disputes over financial arrears be resolved?

10. How are customers who dispute their arrears handled?

11. What control mechanisms are in place to prevent incorrect claims?

Structural safeguards

12. What measures are being taken to prevent recurrence?

13. Is the Government considering establishing an independent complaints body for consumer protection, or a regulator?

MP Roseburg reiterates that NV GEBE is not an ordinary commercial service provider, but a utility with a public mandate and social responsibility. The right to access electricity and clean drinking water must be guaranteed and protected, and should not be undermined by administrative shortcomings or unclear policy decisions.

Given the urgency and the daily impact on households and businesses, MP Roseburg respectfully requests that the Prime Minister deviate from the usual response period of three weeks, and facilitate full responses to Parliament from GEBE within seven working days, or sooner if possible. She thanked the Prime Minister for forwarding the questions in his capacity as shareholder representative to GEBE, so that Parliament can inform the public accordingly.

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