In a decisive legal victory for public health regulation, the Supreme Court of Belize has dismissed a constitutional challenge brought by four pharmacies operating within the Fort Street Tourism Village in Belize City. The ruling, delivered by Justice Nadine Nabie, affirms the legality of the government’s August 2022 enforcement action that resulted in the closure and seizure of pharmaceutical products from these establishments.
The case stemmed from an operation conducted on August 10, 2022, when inspectors from the Ministry of Health, accompanied by police personnel, executed regulatory measures against Pharmacy Express Limited and three associated businesses. During the intervention, authorities confiscated pharmaceutical inventory and mandated immediate cessation of operations.
The plaintiffs had argued that these actions constituted violations of their constitutional protections against arbitrary search and deprivation of property. However, Justice Nabie’s thorough examination revealed a pattern of regulatory non-compliance dating back to 2017, when new licensing requirements were implemented. Court evidence demonstrated that inspection reports from 2017 through 2019 consistently documented the pharmacies’ failure to meet statutory obligations.
Critical findings indicated that the establishments operated without mandatory business licenses, employed no registered chemists, and lacked necessary authorization to dispense controlled substances and antibiotics. While the pharmacies contested receiving formal notice, the court established that a ten-day closure advisory had been issued via letter dated August 3, 2022.
The judgment notably addressed the government’s delayed enforcement timeline, stating that while the Ministry’s protracted inaction was ‘inexcusable,’ this administrative failure could not legitimize non-compliant operations. The ruling emphatically declared that ‘no person can have an expectation or right to the ultra vires relaxation of a statutory requirement.’
As a consequential outcome, the court ordered the dismissed claimants to bear the government’s legal costs, reinforcing the precedent that regulatory compliance in pharmaceutical sales remains non-negotiable for public safety.