GOB Wins Major Court Ruling

Four pharmacies operating at the Fort Street Tourism Village in Belize City have lost their constitutional challenge against the government’s 2022 closure and seizure operations.

On August 10th, 2022, Ministry of Health inspectors, accompanied by police, entered Pharmacy Express Limited and three related businesses. Pharmaceutical products were seized, and the establishments were ordered immediate closure.

The companies claimed this violated their constitutional rights, including protection from arbitrary search and deprivation of property.

Justice Nadine Nabie found the pharmacies had operated without proper licences since regulations requiring them took effect in 2017. Inspection reports from 2017 to 2019 repeatedly warned the businesses about non-compliance.

The pharmacies also lacked registered chemists and licences to sell controlled drugs and antibiotics.

The closure was determined lawful under Food and Drug Regulations by Justice Nabie. The pharmacies were given ten days’ notice via a letter dated 3 August 2022, though they disputed receiving it.

Despite the Ministry’s inexcusable delay in enforcement, “no person can have an expectation or right to the ultra vires relaxation of a statutory requirement,” the court ruling read.

The court dismissed all claims and ordered the pharmacies to pay the government’s legal costs.