July 22, 2021

THA Act To Be Proclaimed On Monday; Fresh Elections Likely Before Year’s End

By Newsroom

The Tobago House of Assembly Amendment Act will officially be proclaimed next Monday, July 26th, as announced by Prime Minister Dr. Keith Rowley this afternoon.

This step paves the way for new and fresh elections to be held in Tobago, with 15 seats up for grabs, instead of 12.

After Proclamation of The Tobago House of Assembly (Amendment) Act by the President the following is the process that will occur –

i. Under section 4(2)(c)(ii) of The Elections and Boundaries (Local Government and Tobago House of Assembly) Act Ch. 25:05, the EBC is required within ninety (90) days of  the Proclamation of The Tobago House of Assembly (Amendment ) Act, to produce a report and submit same to the Minister of Rural Development and Local Government for the purpose of creating the fifteen (15) electoral districts;

ii. the Minister Rural Development and Local Government is then required to lay before the House of Representatives for its approval the draft of an Order by the President for giving effect, whether with or without modification, to the recommendations contained in the report, and that draft may make provision for any matters which appear to the Minister to be incidental to or consequential upon the other provisions of the draft;

iii. Where any draft Order made under this section gives effect to any such recommendations with modifications, the Minister of Rural Development and Local Government shall lay the draft Order before the House of Representatives together with a statement of the reasons for the modifications.

iv. The Statement and draft Order by the President for giving effect to the recommendations in the Report is then debated in the House of Representatives.

v. Where any draft Order is approved by resolution of the House of Representatives, the Minister shall submit the draft Order to the President who shall make the Order in terms of the draft;

vi. That Order comes into force on such day as may be specified in it and has the force of law;

vii. Upon the Order coming into law there will now be fifteen (15) seats in the electoral area of Tobago;

viii. Section 22 (3) of the Tobago House of Assembly Act which was amended by The Tobago House of Assembly (Amendment ) Act then kicks in and a Primary Election can then be called and a date fixed for the election by the Chief Secretary upon consultation with the President and the Prime Minister;

ix. Pursuant to the amended Tobago House of Assembly Act the date for the Primary Election cannot be earlier than two (2) months from the making of the Order nor can it be later than three (3) months after the making of the Order;

x. Once the date for the Primary Election is fixed the EBC then commences all its processes under the Elections and Boundaries Act for the holding of the election.

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