Persons involved in electoral politics or holding political office at any level should be disqualified from being nominated for president until ten years after leaving public office.
In addition, provisions should be made for removal from office of independent office holders, such as an Auditor General, if they behave in ways that bring the office into hatred, ridicule or contempt, or are unable to perform because of physical or mental incapacity.
These are among the recommendations in the report of the National Advisory Committee on Constitutional Reform.
The committee also proposed that the Electoral College which elects a President be expanded to include elected members of the Tobago House of Assembly (THA) and elected members of the 14 regional corporations, in addition to elected Members of the Parliament. The latter already comprise the Electoral College.
The report, which was released this week, proposed that the president continue serving as the head of state and executive branch of the government, while the prime minister should remain the head of government.
The committee gave reasons why a United States-type presidential system for T&T would not be practical, including that it would result in a greater concentration of power, “which is clearly not what the public wants.”
The committee said it is essential for a president to be perceived as above partisan politics.
“A Presidential Elections Commission should vet and approve the nomination of presidential candidates. This commission should comprise of the Chief Justice (convenor), the chairman of the Elections and Boundaries Commission (EBC), the chairman of the Public Service Commission, the chairman of the Integrity Commission, and a senior business executive from the private sector nominated by the leading business organisations upon invitation by the convenor of the Presidential Elections Commission.”
Qualifications to be nominated should include prior service and professional experience in the public or private sector, the report said, and the president’s term should be fixed at five years with a maximum limit of two terms.
Two options for the election of a president were proposed - direct election by the people, or an indirect election where all elected representatives at local, Tobago, and parliamentary levels vote for a candidate.
In the first, the president can be elected by citizens in a general election for a five-year fixed term. For a person to be nominated for election as president, a prescribed number of persons must sign a nomination paper supporting the candidate and submit the nomination paper to the EBC. Political parties would not be permitted to propose candidates.
The Presidential Elections Commission will certify that nominees satisfy the eligibility requirements specified in the Constitution.
On election day, all persons on the electoral roll are eligible to vote for the president. The winning candidate must secure more than half of the valid votes cast in order to be declared the winner. If no candidate receives more than half of the valid votes, a run-off election should be held between the two candidates who received the highest number of votes.
In the second option, the president is elected by an expanded Electoral College for a fixed term of five years. Eligible candidates must be nominated by a prescribed number of proposers. Political parties would not be permitted to propose candidates. A Presidential Elections Commission will certify that the candidate satisfies the eligibility requirements in the Constitution.
Voting should be by secret ballot. The winning candidate must secure more than half of the votes cast to be declared winner. If no candidate receives more than half of the votes, a run-off election should be held between the two candidates with the highest votes.
The committee proposed an independent advisory committee be established to advise the president and the election for president should be held non-concurrently with parliamentary elections.
The committee’s list of duties of a president include to “advise and warn” government and oversee broad policy issues of constitutional importance.
