Tobago House of Assembly Presiding Officer Abby Taylor has confirmed receipt of Progressive Democratic Patriots leader Watson Duke’s letter calling on her to declare the 13 seats of his former colleagues vacant after they resigned from the party.
Late last evening, however, Taylor told Guardian Media she is “still reviewing the contents.”
Meanwhile, former Chief Secretary Hochoy Charles has made it clear that Chief Secretary Farley Augustine and his executive have done “nothing illegal or improper” by resigning from the PDP and remaining independent in the THA.
Charles made the declaration on Tuesday night in a video posted to YouTube, where he sought to clear the air on what some are calling a constitutional dilemma after Chief Secretary Farley Augustine and 12 other PDP members quit the party.
Apart from Augustine, Faith B Yisrael, Terrence Baynes, Tasha Burris, Natisha Charles-Pantin, Wane Clarke, Sonny Craig, Naill George, Zorisha Hackett, Trevor James, Ornaldo Kerr, Megan Morrison, Ian Pollard, Joel Sampson, Nigel Taitt and Certica Williams-Orr announced they had quit the PDP earlier this week.
It has been argued by Duke that since the THA Act is silent on the issue of crossing the floor, constitutionally, the Standing Orders for the House of Representatives, as it applies to the Crossing the Floor Act, should be applied.
However, Charles disagreed.
“In Trinidad in the House of Representatives, I read it here for you, Section 49 subsection (2) (e) of the Constitution says if you contest an election on a party ticket and you are fired from that party or you resign from that party, your seat in the House of Representatives becomes vacant and once it becomes vacant there is going to be an election within 90 days to fill that vacancy. It happened to Jack Warner in Chaguanas. That does not apply to the THA, it is not that creature,” he said.
Commenting on the issue earlier this week, Attorney Martin George suggested that “only a judicial determination and ruling on this matter will put this to rest at this time once and for all.”
But Charles does not see the need.
“Anybody can put up a legal challenge but you are not going to be successful,” he said.
Charles, one of the architects of the THA Act, also explained that it does not recognise party and there is no other representative institution like the THA anywhere in the democratic world.
“So, we are looking at the THA and think that it is a fowl when done is a rabbit,” he added.
He also put to bed the notion that there needs to be an election called because of the development.
“There is no election,” he said.
Charles’ sentiments were echoed by Avory Sinanan, SC.
“I do not hold the view that the Crossing the Floor Act can apply by implication as had been suggested by another commentator,” he said.
Sinanan explained that his analysis comes “because such a draconian step requires specific provisions in either legislation or regulations … it cannot apply by implication.”
Prominent attorney Justin Phelps held a similar view.
He said, “The Tobago House of Assembly Act contains no provision which requires an election. The courts, in accordance with Section 4 of the Act, will not interpret it in such a manner as to authorise anything inconsistent with the Constitution. That means inconsistent with the letter and spirit of the Constitution,” he said.
Phelps said there can be nothing more inconsistent with the Constitution than trying to “un-elect” the elected Assembly.
He explained that it would overturn the mandate given to Augustine and his team by the people of Tobago.
“The mandate of the people is the most influential concept in democratic politics and that mandate cannot have been disturbed by the resignations from the PDP. Looked at in those terms, I cannot see any legal or political reason for an election,” he said.
Also adding his voice to the debate was Martin Daly, SC.
“The reported majority support for Farley Augustine makes it unlikely there will be a significant effect on the status of the House of Assembly,” he said.
Attorney General Reginald Armour, SC, was also contacted on the issue and asked if the matter was being monitored by his office.
However, he offered “No comment.”
On Tuesday, constitutional expert Dr Hamid Ghany told Guardian Media that the THA business will not be affected by the resignations and their decision to operate as independents.
“There are no crossing-the-floor provisions in the THA Act, unlike the national Parliament. There are no legal repercussions for resignation from a political party in the THA,” Ghany said.
Political analyst Dr Bishnu Ragoonath also said here is no legal issue.
“There’s no constitutional legal dilemma that is existing in the THA at this point,” he said.