WILLEMSTAD - Minister of Traffic, Transport and Urban Planning Charles Cooper has once again declared the enforcement request submitted by Movimentu Save Zakitó inadmissible — a move that directly contradicts a clear court ruling of 4 November, and raises serious alarm about the government’s commitment to lawful and transparent governance.
The court had ordered the minister to treat the community group as legitimate stakeholders in the Zakitó dispute and to issue a substantive decision within one month regarding alleged violations at the development site. These violations include blocked sea access and construction activities that residents and fishermen argue do not comply with legal requirements.
Minister Repeats Rejected Argument Despite Court Order
Instead of complying, the minister’s letter of 25 November uses the same legal threshold — the definition of “stakeholder” — to reject the request again, effectively blocking substantive review of the alleged violations.
Legal experts note that this is not a misunderstanding, but a deliberate refusal to follow a judicial order.
“This is a deeply troubling step that undermines the foundations of administrative legality,” one administrative-law specialist commented, noting that such conduct borders on detournement de procédure — the misuse of procedure to avoid substantive accountability.
Minister Introduces New, Unlawful Criteria
The ministry’s reasoning introduces entirely new conditions that do not exist in law, including:
lines of sight
distance measurements
whether someone lives “sufficiently close”
the requirement to prove direct visual contact with the construction zone
None of these criteria appear in the LAR, in government regulations, or in any jurisprudence of the Court of Appeal. Critics say the minister has invented them months after the enforcement request was filed, creating an impossible bar for citizens.
Citizens Face Unequal Fight
Residents and fishermen say they were never consulted about the construction and that losing access to the sea — essential for their livelihood — has been devastating.
Yet, the same citizens are now being asked to produce technical measurements, sightline analyses, and documentation that no ordinary resident is equipped to provide.
This creates, community advocates say, an unfair and escalating barrier to justice.
A Strategy of Delay
The court’s order was meant to bring closure through a substantive decision. Instead, the minister’s repeated refusal has resulted in:
renewed delays
no assessment of possible violations
another likely appeal
growing frustration among affected communities
Legal observers believe the minister’s decision stands little to no chance of surviving judicial scrutiny.
A Larger Question: What Kind of Governance Does Curaçao Want?
The Zakitó dispute has now become a test case for Curaçao’s governance culture.
At stake is more than a development project — it is the integrity of the legal system itself.
The growing concern, critics warn, is a government that hears the court but does not follow it, placing administrative discretion above judicial authority and eroding public trust.
Movimentu Save Zakitó has confirmed it will take the case back to court. But many argue that the deeper issue is structural:
A government that treats legal protections as an obstacle — rather than as the foundation of democratic governance.
The Zakitó case is now more than a local dispute. It has become a spotlight on the fragility of the rule of law in Curaçao, and a warning about the widening gap between citizens seeking justice and a government determined to sidestep it.