President: Not me and the SASC

President George Maxwell Richards says he has no power to fire members of the Statutory Authorities Services Commission (SASC) as he is being urged to do in light of the Marlene Coudray affair. The SASC had tried to transfer Coudray, CEO of San Fernando City Corporation to Point Fortin, but she hit back with a lawsuit alleging political interference in the Public Service. The SASC rescinded its order, and its detractors urged that its members be fired. But in a statement yesterday, the Office of the President of the Republic denied that the Head of State has such power.

The statement said that unlike many other Commissions which were appointed by the President as mandated in the National Constitution, the SASC was not established by constitution, but by statute. Chapter 24.01 of the Laws of Trinidad and Tobago states: “The Members of the Commission shall be appointed by the President.” But the Commission had to initially be approved by Cabinet, added the statement. “It is from the Cabinet that membership of this Commission derives its existence and the procedure for appointment of its Members are as follows: The Cabinet approves the membership, the Solicitor General prepares the instruments of appointment, and these instruments are submitted by the Cabinet for the signature and seal of the President.”

Revocation of such appointments, added the statement, followed the same route, under Chapter 3.01 of the Laws of Trinidad and Tobago. Moreso, said the statement, the Constitution in Section 80 states that in some cases the President must act in accordance with the advice of Cabinet. The President cannot, of his own accord, revoke SASC appointments, said the statement, but must act in accordance with procedure, the constitution, the laws of Trinidad and Tobago, and the advice of Cabinet. 

The statement concluded: “It is clear therefore that the power to revoke the appointments of Members of the Statutory Authorities Services Commission is not vested in the President who does not have the power to approve appointments in the first place.”