December 16, 2021

AG seeks the court’s clarification on Watson Duke’s THA appointment

By Shirvan Williams

The Attorney General has initiated legal action against the appointment of Watson Duke as Deputy Chief Secretary of the Tobago House of Assembly (THA).

According to a press release, “The circumstances giving rise to this Application are whilst at the same time serving as Chairman of the Public Service Association (PSA) and a member of the Registration Recognition and Certification Board (RRCB) for which he is in receipt of remuneration.”

It further noted that: “The Office of the Attorney General has had inquiries from both the RRCB and from the Chief Personnel Officer regarding the status of Mr. Duke as President of the PSA which is the recognized majority Union for Public Sector workers.”

Take a look at the full statement below

 

THE ATTORNEY GENERAL V THE TOBAGO HOUSE OF ASSEMBLY; WATSON DUKE AND
FARLEY AUGUSTINE

The Attorney General and Minister of Legal Affairs, today caused to be filed in the High Court, a Construction Fixed Date Claim Form, seeking, inter alia, an interpretation of section 16(8) of the Tobago House of Assembly Act, Chap. 25:03 (THA Act).


The circumstances giving rise to this Application are the appointment of Mr. Watson Duke as Deputy Chief Secretary of the Tobago House of Assembly (THA) whilst at the same time serving as Chairman of the Public Service Association (PSA) and a member of the Registration Recognition and Certification Board (RRCB) for which he is in receipt of remuneration.


The Office of the Attorney General has had inquiries from both the RRCB and from the Chief Personnel Officer regarding the status of Mr. Duke as President of the PSA which is the recognized majority Union for Public Sector workers.


Before filing the Application, the Attorney General and Minister of Legal Affairs received advice from several members of the Senior Bar, who all agreed that there was an issue to be decided by the Court regarding Mr. Duke’s appointment to the Executive Council of the THA and his participation for remuneration in other bodies.


This Application does not seek to unseat the election of any person to the Assembly or to the Executive Council of the THA. It merely seeks to clarify the law in the THA Act, as well as the Integrity in Public Life Act, Chap. 22:01, regarding the prohibition against a Secretary of the THA and a person in public life, engaging in activities which would be in conflict with his duties as a Secretary.


The approach of requesting the court’s clarification of the law will redound to the benefit and best interest of the citizens of Trinidad and Tobago. The court’s ultimate ruling will certainly assist in the maintenance of confidence in the THA and will avoid unwanted challenges that may be taken against any and/or all actions and/or decisions taken and/or made by the Executive Council thereby ensuring transparency and protecting against challenges of unlawfulness.

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