Analyst: Uncertainty looms over split THA

IN light of the six-six tie in the Tobago House of Assembly (THA) elections, much uncertainty looms as to how to resolve the question of who will lead the assembly, political analyst Dr Bishnu Ragoonath told Newsday on Tuesday. He said previous cases in TT where ties had occurred and been resolved, both at a national level and local government level, probably don’t provide adequate precedent to help resolve the THA tie. Each body is run under its own rules/laws.

"Definitely the precedents we have used in the past we cannot use from a legal perspective in this particular context.

"If we go back to 2001, for the 18-18 tie in the TT Parliament, it was left up to the President (Arthur NR Robinson) to appoint as prime minister the person who he thought commanded the greater majority. So the President could have gone out there and appointed a prime minister, regardless of what the election results were, once he was convinced that was the case."

However, Ragoonath said that for the THA election, the THA Act however does not allow the President to select a chief secretary.

"It says is the councillors (assemblymen) must come together and first elect a presiding officer and then under his/her guidance amongst themselves they will elect a chief secretary."

So the 2001 precedent in Parliament cannot necessarily be applied to the THA tie, he said.

Ragoonath recalled two past ties at local government level in Trinidad.

"In the case of the Sangre Grande and Rio Claro/Mayaro Regional Corporations, there was the drawing of lots as stated in the legislation where whoever got the longer straw became the leader." However, he said the THA legislation does not prescribe for the drawing of lots.

Ragoonath then referred to the four-four tie in Sangre Grande in the 2016 local government elections.

"The third avenue which was used by the PNM in Sangre Grande was when they said the outgoing chairman remained chairman and could have overseen the process (of selection of a council chairman.)

"But in this particular case (THA) the assemblymen have to elect a presiding officer, so the outgoing chairman cannot manage that situation. The preceding precedent cannot apply.

"Where do we go from here? I don't know."

Newsday asked what happens if the six PDP and six PNM assemblymen cannot agree on a presiding officer (who would presumably have a casting vote to choose a chief secretary.)

Ragoonath replied, "I don't know what happens then." He said one must start by looking at the THA Act, towards a way forward.

Newsday asked if ultimately there might be a role for the President to step in.

Ragoonath opined, "I would think the President has to step in, to call in both sides and talk to them and see where do they go from there.

"We'll really have to wait and see how this plays out."