Achong is still Labour Minister

Is or isn’t Larry Achong still Minister of Labour? Achong says he resigned by handing his letter of resignation to Prime Minister Patrick Manning. The PM countered that no resignation has been accepted by him and that Achong is still Minister. Who is right? Newsday investigated.

An expert source told Newsday clear procedures are laid in the Trinidad and Tobago Constitution for the appointment and resignation of Ministers. The Constitution says a Minister who wishes to resign must send his written resignation to the person who officially appointed him, who in this case was President George Maxwell Richards, on advice of Prime Minister Patrick Manning. TT Constitution, Section 142 (1): “Subject to the provisions of this Constitution, any person who is appointed or elected to or otherwise selected for any office established by this Constitution, including the office of Prime Minister or other Minister, or Parliamentary Secretary, may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected.”

Under the Constitution, the President of the Republic is deemed to appoint Ministers, albeit advised by the Prime Minister. TT Constitution, Section 76 (3): “The Ministers other than the Prime Minister shall be such persons as the President, acting in accordance with the advice of the Prime Minister, shall appoint from among the members of the House of Representatives and the Senators.” So by Sections 142 and 76 of the Constitution, any resignation letter sent to only the PM would be of no effect, unless also sent or forwarded to the President. Achong told Newsday he had not sent his resignation to President Richards. He said he had thought it “proper” to send it to PM Manning, who had chosen him, if not actually officially appointed by him in the eyes of the Constitution. Achong said he thought it would then be up to the Prime Minister to forward the resignation letter to the President. 

Achong’s views were at odds with Newsday’s legal source and with our reading of the Constitution. Achong said: “The President appoints on the advice of the Prime Minister, so it’s really the Prime Minister who makes you a Minister. When I chose to no longer serve it was properly done by informing the Prime Minister.” Although very questionable, Achong’s views are commonly held. For example, Newsday on October 3, 2001 reported that when Ralph Maraj resigned from the UNC Government, he sent his resignation letter to then Prime Minister Basdeo Panday. Panday would have then forwarded it to the then President Arthur NR Robinson. Did Manning forward the letter to President Richards? Newsday could not contact President Richards as he was attending cricket at the Oval yesterday, but sources yesterday were saying Manning had not sent the letter to Richards. Given the view that the President must receive a resignation for it to be effective, Achong was asked whether he would send a separate letter to the President. He said he had no plans to do so.

Newsday’s legal source said if a resignation letter is validly submitted, it cannot be refused. The Constitution says that the resignation is deemed to take effect once it has been received by the President, who has no option of deciding whether to accept or reject the resignation. TT Constitution, Section 142 (2): “The resignation of any person from any such office shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.” It is quite likely that Manning is able to claim Achong is still Minister of Labour because Manning himself has not forwarded the resignation letter to the President. Newsday’s understanding is that if Manning has failed to forward the resignation to Richards, then Achong is in fact still the Labour Minister.