Due process can be defined as the collection of formal mechanisms that follow established rules and procedures as established by a court of law or a constitution to achieve a result. Strong organisations generally have an originating document or constitution that defines the procedures that would govern routine changes such as the formal handover of power.
People write constitutions and therefore cannot anticipate every future development. What is important is that the rules and procedures embodied in a constitutional document should be followed to address new circumstances. A precedent, or an earlier event or example, can be considered as a guide in subsequent or similar circumstances.
No T&T Prime Minister has ever resigned from this constitutional office, or resigned in an election year, or while the country was in a State of Emergency. To be clear, Dr Rowley has neither resigned from the office of Prime Minister nor as political leader of the PNM.
To date, he has only intimated his intention verbally at a press conference and has not reduced this decision to writing. The manner and time of his departure are, to put it mildly, unfortunate. This public resignation announcement with no firm date, and the implication that he will remain as party political leader to direct the party, has created confusion.
Dr Rowley’s attempt to anoint a successor designate has led to an informal leadership battle as PNM MPs are reported to have refused to sign a letter supporting Stuart Young, Dr Rowley’s designated successor. The procedure used to appoint a successor on Eric Williams’ death whilst in office is not a precedent that can be used in the current brouhaha.
The point in 1981 was clear: a country cannot be without a prime minister. Dr Williams’ death created an emergency. There was no obvious successor, and the president used his constitutional power to appoint George Chambers as prime minister. The party subsequently voted to appoint Chambers as political leader to fill the vacancy created by Dr Williams’ death.
Mr Chambers lost his seat in the 1986 election and resigned as political leader thereupon. Patrick Manning was recognised as the opposition leader in the House by the other two PNM MPs who survived the electoral rout. Subsequently, the party appointed Mr Manning political leader.
Dr Rowley’s resignation announcement is different from the precedents cited above. Dr Williams’ death and the PNM defeat presented the PNM party with no options. By contrast, Dr Rowley is, to all intents and purposes, compos mentis, alive, and has not resigned from either office. There is no emergency, and there is time for the party membership to decide who they want as leader.
In these circumstances, the party must have the definitive say, not Dr Rowley. Dr Rowley represents the past, not the future. Any attempt to remain to “guide” the party or control the Cabinet behind the scenes is an unacceptable development and undemocratic.
This was the context in which yesterday’s general council took place. There were many issues to discuss, not the least of which was the succession issue, given Dr Rowley’s announcement. The key point is that Dr Rowley’s plan could only proceed with the approval of the PNM’s party machinery. Now that Stuart Young has been legitimised as the “Prime Minister-designate” by the general council, we will see how this arrangement develops.