As T&T enters deep into the 2025 election campaign, it must confront a new dimension to its political culture. The traditional format that was agreed upon at Marlborough House in 1962 and reinforced locally when we became a republic in 1976 has been broadened to accommodate a new dimension of being able to appoint a prime minister who is not party leader while the party leader sits among the party MPs in the majority in the House of Representatives (HOR).
That change was confirmed on March 17 instant with the appointment of Stuart Young as Prime Minister under section 76(1)(a) of our Constitution when the President determined that Young was “the leader in the House” of the majority of MPs of the PNM, “notwithstanding” the presence of Dr Keith Rowley, the former prime minister, who was also among those MPs and remained the political leader of the PNM.
Having accepted the advice of Senior Counsel that the PNM could have two leaders in the House of Representatives, namely its political leader as well as the “leader in the House” of its MPs, she determined that the PNM did not have any issue with “an undisputed leader.”
As far as the President was concerned, her interpretation of the Constitution was that Young was appointable under section 76(1)(a), despite the availability of section 76(1)(b) which caters to situations where parties do not have any “undisputed leader.”
By her interpretation, the PNM had an “undisputed leader” despite the presence of both Rowley and Young in the HOR.
In our system, the party leader is the automatic choice to be appointed Prime Minister once the party that he/she leads wins a majority of seats in the HOR. That was the basis upon which Dr Rowley was appointed PM in 2015 and re-appointed PM in 2020.
In March 2025, Dr Rowley opted to resign as PM but remain as party leader of the PNM. After the dissolution of Parliament on the day after he was appointed PM, Young was put into a situation whereby he became a PNM candidate just like the other 40 PNM candidates, while Dr Rowley remained the party leader who was not going to contest a seat.
This has created a new political culture in our parliamentary system whereby the party leader of the PNM will not be contesting a seat, and the party will not have an automatic leader should a majority of PNM candidates win their seats in the general election.
The President relied upon a letter from a majority of PNM MPs to make the appointment of Young as PM on March 17 instant. She will not be able to appoint the party leader of the PNM automatically under section 76(1)(a) should the party’s candidates be successful in winning a majority of seats. There is no party leader among them, so whom would she appoint as PM?
This model of appointment for our PM on the basis of being the leader of the party with a majority of seats was copied only in Antigua and Barbuda, Belize and The Bahamas after we introduced it in 1962 at our independence.
Barbados, Dominica, Grenada, St Kitts-Nevis, St Lucia, and St Vincent and the Grenadines copied the 1962 Jamaican model of recognising the MP who could command the support of a majority of MPs as the person to be appointed PM.
By making the party the paramount institution to be considered as the vehicle through which the PM will be appointed, the T&T model was only copied by three other Commonwealth Caribbean countries. The qualitative difference is that a paper check of the loyalty of MPs by the Head of State is not required when making an appointment to the office of PM after a general election, because being the party leader is all that is required.
For this general election, the President will be forced to make an appointment under section 76(1)(b) if a majority of PNM candidates are elected because their party leader, Dr Rowley, will not be an MP.
The political culture change that has to be considered is whether, in the future, a change of PM can now be effected by a letter from a majority of MPs of a party seeking to replace a PM “notwithstanding” the presence of the party leader on the benches of the majority party. Can a PM now be removed by letter without a formal motion of no confidence?
That is a clear and present danger to all parties in our parliamentary system as a consequence of the decision by President Kangaloo to appoint Young as PM under section 76(1)(a) and not section 76(1)(b).
Prof Hamid Ghany is a Professor of Constitutional Affairs and Parliamentary Studies at The University of the West Indies (UWI). He was also appointed an Honorary Professor of The UWI upon his retirement in October 2021. He continues his research and publications and also does some teaching at The UWI. He can be reached at hamid.ghany@sta.uwi.edu
