President's adviser clarifies role, powers on appointments

File photo: President Paula-Mae Weekes.
File photo: President Paula-Mae Weekes.

THE adviser to the President has written to one of the attorneys representing Senior Counsel Israel Khan, who wants to change the way new senior counsel are appointed.

On Monday, Kent Jardine, adviser to President Paula-Mae Weekes, wrote to attorney Daniel Khan, not providing the President’s response to his pre-action letter, but to point out her role and powers, in particular on the appointment of a Chief Justice and members to the Judicial and Legal Service Commission.

Khan wants the court to determine the procedure for the appointment of attorneys to the inner bar, and wants to know if section 80(1) of the Constitution requires the President to appoint senior counsel after receiving the advice of the Cabinet, or whether she can act in her own discretion.

Since 1964, these appointments have been made by the Governor General (now President) on the advice of the Prime Minister, the procedure for which has been set out in a note published in the 1964 Gazette.

The pre-action letter says section 80 of the Constitution did not require the President to act in accordance with the Cabinet’s advice where to do so would be inconsistent with constitutional principles and provisions.

As it relates to the appointment of a Chief Justice and members of the JLSC, the President does so after consultation with the prime minister and the leader of the Opposition, in accordance with the provisions of section 102 and 110(3) of the Constitution, respectively.

Comments

"President’s adviser clarifies role, powers on appointments"

More in this section