SASC moves to adjust after court ruling

The Statutory Authorities Service Commission (SASC) yesterday announced that based on Wednesday’s High Court ruling in favour of Devant Maharaj, it will, out of necessity, “alter its procedures accordingly.” In a statement yesterday, SASC chairman Louis Bryan said he suspected that the judge’s ruling on the Maharaj case was based on the premise that the conventional practice of the SASC consulting with the Prime Minister regarding appointments, “even after so many years, was not legally appropriate.” He said the commission had not yet received a copy of the judgment, but planned to meet on January 4 “to study the contents and decide on further action.”

On Wednesday, the High Court ruled that the SASC adopted a “self-imposed fetter on their own jurisdiction by conferring on the Prime Minister an unsolicited power of veto.” Maharaj was not promoted to the post of deputy director of the NLCB after Manning told the SASC, via letter dated June 2003, that he could not agree with the appointment. Gemma Joseph, who was junior to Maharaj, was appointed to the post. Maharaj filed for judicial review on February 17. Bryan said the Commission selected Maharaj for the acting appointment of NLCB Deputy Director and, in accordance with its “normal procedure,” consulted with the PM, who indicated he could not agree. He said the Commission appointed another officer.

Bryan said existing provisions regarding the governance of TT require Public and Police Service Commissions to consult the PM before making, where applicable, appointments to the offices of permanent secretary or head of department, to the offices of the chief professional advisor or chief technical officer of all Government agencies and to the office of deputy to any of these offices — Sections 121 (3) and 123 (3) of the Constitution. However, Bryan said the SASC did not have “constitutional cover” but had followed for the past 38 years, “by convention,” the same procedure with respect of appointments to heads and deputy heads of all statutory authorities.