Jearlean John: EBC should stay independent on THA (Amendment) Act

UNC deputy political leader Jearlean John has called on the Elections and Boundaries Commission (EBC) to maintain its independence as enshrined in the Constitution.

John was speaking during the Opposition’s media briefing on Sunday.

“I want to remind the EBC that there is something called the Constitution and they have been highlighted and their role has been identified as an independent."

On Thursday, the Prime Minister laid out the steps to be taken, starting Monday, for a fresh Tobago House of Assembly (THA) election with 15 seats in order to break the current six-six deadlock between the PNM and the PDP.

Dr Rowley said the Cabinet has approved the proclamation of the THA (Amendment) Act, which the President assented to on March 16.

John referred to an EBC report, laid in Parliament on September 8, 2020.

She said the report, in accordance with the Elections and Boundaries Local Government and Tobago House of Assembly Act, is produced every four years.

She said in both 2016 and 2020 the report said, “Consequently, the commission considers that there is no adjustment necessary to the boundaries of the electoral districts in the electoral area of Tobago. The EBC recommends that there should be no change to the boundaries in the electoral districts in the electoral area of Tobago.”

She said, “We call on the independent EBC to point the Prime Minister in the direction of the recently laid report and to, on behalf of the people of TT, do what is in its best interest and maintain the independence that is enshrined under the Constitution.”

John referred to a Newsday article in February in which EBC communications manager Bobbi Rogers said the commission cannot make any changes, although the bill was passed in the House of Representatives on that month with a government majority vote of 21 to 18.

“We have to wait until, of course, the bill is debated in the Senate and there is proclamation and passage,” Rogers told Newsday. “That is when we move into effect. There isn’t anything that can be done before then.”

John said, however, under the Constitution the commission may regulate its own proceedings. She said Section 71:12 of the Constitution says, “In the exercise of its function under this section, the commission shall not be subject to the direction and control of any other person or authority.

“That is the law of the land,” said John.