President Irfaan Ali has commenced consultations with Opposition Leader Azruddin Mohamed on appointments to three constitutional commissions, but has given no indication of when he will engage him on the long-delayed substantive appointments of a Chancellor and Chief Justice.
Letters exchanged between the two sides on July 24 and August 7 and seen by this publication concern appointments to the Public Service Commission, Judicial Service Commission and Local Government Commission. None addresses the appointment of a substantive Chancellor or Chief Justice.
At a press conference yesterday, Ali was asked whether he would seek Mohamed’s agreement to appoint acting Chancellor Roxane George-Wiltshire SC and acting Chief Justice Navindra Singh substantively.
Under Article 127(1) of the Constitution, however, consultation alone is insufficient for the two senior judicial appointments. The Chancellor and Chief Justice are appointed by the President only after he has obtained the agreement of the Opposition Leader.
The President neither said when that process would begin nor whether he supported their confirmation.
“In relation to consultation with the Leader of the Opposition, already Minister [Gail] Teixeira has written on different matters that constitutionally we should write on in relation to the Leader of the Opposition, and those matters are being dealt with,” Ali said.
He added: “Wherever consultation is required in accordance with the Constitution, as I said before, you can be assured that I will fulfil my mandate in accordance with the Constitution.”
The documents show that Parliamentary Affairs and Governance Minister Gail Teixeira wrote Mohamed on July 24 concerning appointments to the three commissions. Opposition Chief Whip Tabitha Sarabo-Halley dispatched responses on August 7.
In the July 24 correspondence, Teixeira informed Mohamed that Ali was proposing retired Chancellor Justice Carl Singh, CCH, OR, for appointment to the JSC.
The letter said the tenure of the previous commission had ended on July 13 and cited Article 198(2)(a), which provides for the appointment of a member from among persons who hold or have held judicial office, following meaningful consultation with the Opposition Leader.
Teixeira said the President intended to make a decision by August 14 and requested Mohamed’s response by August 7.
Sarabo-Halley replied that Mohamed acknowledged the correspondence and the President’s proposal to appoint Singh. The response did not expressly state whether Mohamed supported or opposed the nomination.
Ali also proposed Maurice Gajadhar, Melcita Bovell and Leila Ramson for appointment to the PSC.
According to Teixeira’s letter, the PSC’s tenure also expired on July 13. Article 200(1)(a) requires the President to appoint three members after meaningful consultation with the Opposition Leader.
The curricula vitae of the nominees were sent to Mohamed, who was asked to respond by August 7 ahead of an intended decision by August 14.
Sarabo-Halley said Mohamed had noted the proposed nominees and their supporting curricula vitae. The response again stopped short of explicitly endorsing or rejecting the nominees.
In relation to the LGC, Teixeira asked Mohamed to consult the other parliamentary parties and advise the President on three appointments under section 4(1)(b) of the Local Government Commission Act.
That provision allows for three members to be appointed by the President acting on the advice of the Opposition Leader after consultations with the other parliamentary parties.
Sarabo-Halley said Mohamed had completed those consultations and advised that Leola Narine, Leslyn Lowe and Nicholas Chesney be appointed.
While the exchange establishes that consultations have begun between the government and opposition on constitutional appointments, it does not show that Ali has initiated the process required to substantively appoint the country’s two most senior judicial officers.
The distinction is significant. Appointments to the PSC and JSC require meaningful consultation, while the President acts on the Opposition Leader’s advice for three LGC appointments. The Chancellor and Chief Justice cannot be appointed substantively without agreement between the President and Opposition Leader.
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