By Mark DaCosta- The ongoing debate surrounding Acting Police Commissioner Clifton Hicken’s potential promotion to the substantive position of Commissioner of Police has taken a significant turn, with human resources experts casting doubt on the feasibility of such a move. Given Hicken’s attainment of retirement age in July 2023, there appears to be a constitutional barrier preventing his appointment to the top cop role.
While President Irfaan Ali has expressed support for Hicken’s leadership and extended his services beyond the mandatory retirement age, legal experts consulted by Village Voice News have highlighted that the Constitution provides specific guidelines for the appointment and tenure of the Commissioner of Police. The 1967 Constitution (Prescribed Matters) Act stipulates that the Commissioner must retire at age 55, unless an agreement is reached with the President to extend their service up to the age of 60.
However, even with such an extension, the question remains whether Hicken can be promoted to the substantive position while already in retirement. Human resources experts have emphasised that there is no precedent for such a move, suggesting that the Constitution may not permit it.
The Opposition, led by Aubrey Norton, has consistently opposed Hicken’s appointment, citing various concerns including his perceived political allegiance to the ruling People’s Progressive Party (PPP). They argue that Hicken’s appointment would undermine the impartiality and independence of the police force.
Specific concerns raised by the Opposition include:
Allegations of political bias: The Opposition claims that Hicken has been overly lenient with PPP supporters and has used his position to target political opponents.
Lack of transparency: The Opposition has criticised the government’s decision to extend Hicken’s tenure without a transparent process or clear justification.
Concerns about the Police Service Commission: The Opposition has expressed concerns about the composition and impartiality of the Police Service Commission, which is involved in the appointment process.
Despite the opposition’s objections, Minister of Governance Gail Teixeira has defended Hicken’s leadership, crediting him with reducing crime rates and ensuring national security. She has advocated for his appointment as Commissioner of Police, emphasising the public interest and the need for continuity in the force’s leadership.
The Constitution empowers the President to appoint the Commissioner of Police after consulting with the Leader of the Opposition and the Police Service Commission. While the President has the authority to appoint an acting Commissioner, an ethically sound substantive appointment requires the meaningful concurrence of these stakeholders, said the legal expert.
As the debate over Hicken’s future intensifies, it is evident that the Constitution plays a crucial role in determining the eligibility for the Commissioner’s post. While the government may have its own preferences, the legal and ethical framework must be adhered to in order to ensure a transparent and impartial appointment process.
