Attorney General Faris Al- Rawi says the decision by PSA president Watson Duke to continue in that position while serving as Deputy Chief Secretary of the Tobago House of Assembly (THA) will have serious constitutional implications for the council.
In an “urgent” letter to new THA Chief Secretary Farley Augustine, Al-Rawi said he may be obliged to act, in keeping with his responsibility as AG, if Duke does not make a choice one way or the other.
Al-Rawi congratulated Augustine and the Progressive Democratic Patriots (PDP) for their resounding win over the People’s National Movement (PNM) in Monday’s THA election, and his appointment as Chief Secretary. He also congratulated Duke.
“I have noted with deep concern however, the public statements issued by the PSA to the effect that Mr Duke, its president, does not propose to relinquish that office following his appointment as secretary but that he ‘would continue to carry out his constitutional duties in keeping with the PSA constitution’ though he would forego benefits and remuneration from the PSA.
“It is clear from a proper understanding of the Tobago House of Assembly Act Ch. 25:03 in combination with other laws and indeed from our longstanding constitutional conventions that the assumption of executive office precludes the continuation of employment or occupation elsewhere.”
Al-Rawi said it is clear Duke must make “an unequivocal election” about which of the two positions he will commit himself to as he cannot lawfully do both.
“I would be grateful if you could advise as a matter of utmost urgency and immediacy as to what this choice will be...”
All 15 assemblymen were sworn in on Thursday by President Paula-Mae Weekes after Monday’s THA election which resulted in the PDP winning 14 seats and the PNM one.
On Tuesday, Duke was given an ultimatum by Augustine to choose between being PSA leader and secretary within the THA.
Speaking to the media after he was sworn in as Chief Secretary, Augustine said Duke has since satisfied all the requirements to serve as deputy chief secretary of the THA.
Asked to respond to THA Minority Leader Kelvon Morris’ plans to write him on the matter, Augustine said: "I will welcome his letter. The law says that one cannot be a member of the executive and receive a remuneration, income salary, benefit from any other place.
“As you are aware, earlier in the week I made it clear that Mr Duke will have to be in line with the law to be considered to be a member of the executive. He has since made himself in line as far as the law is concerned.
"When I meet with the media I will show the broader vision of what I hope to achieve and how matters that may be concerning a conflict of interest will not arise. Because when I lay out the executive I see exactly the task I will assign Mr Duke (and) then the public will understand the full vision.”
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