Kamla: Government will face UNC in court if Young is appointed PM

OPPOSITION Leader Kamla Persad-Bissessar is advising the Prime Minister that the way in which he is attempting to anoint his successor Stuart Young is outside of the supreme law and the Constitution.

She said Rowley has two options, one being to dissolve the Parliament and call the elections within three months and let the President appoint Young as desired, or where there is no undisputed leader, the President can then consult with PNM ministers and make an appointment.

If Rowley, however, goes ahead with his plan to resign on March 16 as Prime Minister, but maintain his position as PNM political leader, she said he would have to face the ‘brilliant UNC’ lawyers in court, as that would a breach of the Constitution.

Persad-Bissessar was at the time addressing a UNC cottage meeting at the Moruga Tableland Government Primary School on March 10.

She told the audience that, “after PNM members loyally supported Rowley for over 40 years, he betrayed them with ingratitude and wickedly took away their democratic right to select the leader of their party.

Noting the meeting at Balisier House earlier on March 10, she said the coronation of Young could be announced any time, but she warned against his appointment as prime minister.

“Dissolve the Parliament. Call election Rowley.

“I am warning you, should you proceed with this manner, recklessly Rowley, you Stuart Young and the President would face the brilliant UNC lawyers in the court house of TT.

“You cannot proceed under section 76 (1) of the Constitution where there is, occasion to appoint a prime minister, that the president should appoint a member of the house who is the leader of the House.

“Rowley wants to go, but wants to keep one foot in the door. He said he will resign as prime minister, but he is staying as party leader.”

She advised, “Rowley 76 (1) the word leader is spelt with a capital L. When the constitution was changed, they changed it from leader with a common l to Leader with a capital L and that can only be the leader of the party in the house, which is Rowley.

“And then you cannot proceed under 76 (b) Rowley, you can’t go over 76 (b) either because that says, where it appears to the president the party does not have an undisputed leader.

“As long as Rowley holds on to the leadership, there is a disputed leader. So, you cannot proceed under 76 (1) A or B.

She said one of two things must happen. First Rowley will have to resign both, as prime minister and as party leader.

"The question is why he wants to hold on to the leadership of the party but he wants to part with the prime ministership, but that is for another day.

“He cannot proceed under 76 (1) a and b. You know where he can go, and Rowley I am giving you some free advice tonight. If you really want to anoint and appoint Stuart Young, give up both prime minister and also the party leadership and pack your bags and go.

“You cannot operate there. I warn you Rowley, should you and your puppet President attempt to action 76 (1) A and B, you would meet the brilliant UNC lawyers in the courthouse.”

She also offered another option. “Rowley, if you really, really want to do this, you have another option. You have 76 (4) which says, where there is an occasion to appoint a prime minister, you can do it while the Parliament is dissolved, and any minister can be appointed prime minister.

“So one, you have to give up both and then put your anointed Gary Sobers or you go under 76 (4) which means you would have to dissolve the Parliament first, and if you dissolve the Parliament, you have three months to name the date of the dissolution of the Parliament.

“So dissolve the Parliament. Call elections.”

She further explained that dissolution may cause some challenge for the President in deciding who to appoint as leader and turned to, another section 80 (3)( which states that in section 76 A and B, the president has no discretion to appoint a prime minister, but would act in accordance with what is set out in a , that is appoint the leader or, b, where there is no undisputed leader, then consult with the MP’s.

“When it comes to dissolving the Parliament, the president has what is known as a discretion.

Persad-Bissessar said once she favours Young, she can consult with the ministers under Section 80 (3) and appoint in her own discretion, only under Section 76 (4) where the Parliament is dissolved.

"So that is your challenge, either you pack you bags and run away as both PM and as party leader in which case the MP’s letter would kick in or, you dissolved the Parliament and let elections be held within three months.

"Don’t come and fool the people. You obviously did not think it through and we will not let you pack your bags and run away so easily because you would be operating outside of the law of TT.

"Mr Rowley, to avoid all of this, just dissolve the Parliament. Resign PM , resign party leader.

"Which ever way you do it, Stuart Young is going to get the licking of his life. It would be licks like fire and licks like peas, which ever way you do it. and therefore you are just postponing the inevitable. Time is running out. And running out fast."