THA Minority Leader appointed, not elected

THE EDITOR: Tobago House of Assembly Chief Secretary Farley Augustine either did not read or understand the THA Act when it comes to the appointment of a minority leader.

When asked on Tuesday by a reporter who he would support if the issue of selecting a minority leader came down to a vote, Augustine said it was not something he gave any thought to. He was quoted as saying, inter alia, "When I reach that bridge, I will cross it. I may even abstain from such a vote."

I wish to inform the Chief Secretary that the Minority Leader is not elected, he/she is appointed by the President in accordance with Section 8A of the Tobago House of Assembly Act.

Additionally, in keeping with the act, unless he does not support himself as Chief Secretary, he cannot support anyone for Minority Leader, since the President appoints the assemblyman who in his (her) opinion commands the support of the largest number of assemblymen who do not support the Chief Secretary.

The relevant excerpt:

8A. Immediately after administering the oaths of office to the Chief Secretary and the Deputy Chief Secretary under section 8, the President shall appoint as Minority Leader the assemblyman who, in his opinion, commands the support of the largest number of assemblymen who do not support the Chief Secretary.

As I indicated in an earlier article, I am of the view that the PNM and PDP, whose leaders have indicated they want early elections, can "weaponise" this section to trigger a constitutional crisis by not co-operating to support one or the other for the position.

If the President cannot find an acceptable tie-breaker, no one will be appointed, and since in the absence of a clean sweep by one party the THA ought to have a Minority Leader, this may lead to a constitutional crisis that would grant them their desire.

Even if it does not become a major issue in this case, the THA Act ought to be amended to include specific guidelines on how to deal with the eventuality of minority parties getting equal support after elections.

CLAUDE A JOB

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