WILLEMSTAD – The administrative court has ordered the Curaçao government to reconsider its decision regarding alleged illegal commercial activities at Playa Daaibooi, after a beachside hospitality company partially won its enforcement case.
The Court of First Instance ruled that the Minister of Economic Development failed to conduct sufficient investigation and provided inadequate reasoning when rejecting a request to take action against Koöperativa Piskadonan Daaibooi (KPD), a local fishermen’s cooperative.
As a result, the earlier government decision has been partially annulled. The minister has been given two months to issue a new decision following additional investigation.
The case was filed by Daaibooi N.V., operator of the main hospitality establishment on the beach. The company was previously owned by entrepreneur Kees van Dongen, who passed away in January last year, and is now managed by his widow, Soenita van Dongen-Sattoe.
She had requested the government to enforce regulations against what she described as illegal commercial activities carried out by the fishermen’s cooperative within the tourist section of the beach.
Court Finds Lack of Proper Investigation
According to the ruling, the minister’s earlier decision was internally contradictory. The official statement claimed that inspections had not identified any violations by KPD.
However, the court found that it had not been properly investigated whether KPD was renting out beach chairs and umbrellas without the required permits or conducting other commercial activities outside its designated zone. The inspection reports submitted were deemed insufficient to support the conclusion that no violations had occurred.
The minister must now reassess whether any infringements are taking place. If violations are confirmed, the government must decide whether enforcement measures are warranted or whether legalization is possible under new beach policy regulations currently being prepared.
Partial Victory for Beach Operator
For Daaibooi N.V., the ruling represents only a partial victory. Van Dongen-Sattoe stated that the situation on the beach remains unchanged.
“The decision has been annulled and the enforcement request has been upheld, but everything continues as if nothing happened,” she said.
According to her, beach chairs are still being rented out and commercial activities are continuing in areas where, under existing permits, they are not allowed.
Van Dongen-Sattoe maintains that her business has suffered financial losses for years due to the situation. While acknowledging the court’s ruling in her favor, she described the outcome as frustrating because it triggers another two months of investigation rather than immediate corrective action.
“We won, but we didn’t really win. The situation remains unchanged,” she said.