Veteran parliamentarian and former government minister Annette Ferguson has clarified the procedure for electing the Leader of the Opposition, stressing that the process is not an agenda item on the National Assembly’s Order Paper.
Some media outlets suggested the election would not occur, citing its absence from the Order Paper at the convening of the 13th Parliament. Ferguson noted that embattled businessman-turned-politician and WIN party leader Azruddin Mohamed, who holds 16 of the 65 Assembly seats—the highest for the Opposition—is likely to be elected.
Speculation has arisen due to Mohamed facing criminal charges, but Clerk of the National Assembly Sherlock Isaacs confirmed that a person may serve as a Member of Parliament “unless and until he is convicted in a court of law.”
Isaacs cited the case of People’s Progressive Party (PPP) parliamentarian Dr. Jennifer Westford, who faced 24 criminal charges between 2015 and 2018 related to the alleged theft of over G$639 million, yet continued to serve in Parliament. The charges were dismissed in 2018, with the magistrate ruling they were “bad in law.”
Recalling the 2022 election of Aubrey Norton as Opposition Leader during the 12th Parliament, Ferguson explained to Village Voice News that the vote took place after a break in the Assembly and was not part of the formal order of business.
“If you look, there was no agenda item for the election of the Leader of the Opposition on the 46th Order Paper dated 13th April 2022… but it happened, after either the first or second break—the Speaker would have announced that there would be the election of the Leader of the Opposition,” she said.
Ferguson added that all non-governmental MPs assemble at a location designated by the Speaker to nominate and vote by a show of hands. She cited Article 184(1) of the Constitution, which states:
“The Leader of the Opposition shall be elected by and from among the non-governmental members of the National Assembly at a meeting held under the chairmanship of the Speaker of the National Assembly, who shall not have the right to vote.”
She warned that leaving the position vacant could trigger a constitutional crisis, as the Leader of the Opposition is part of the executive and must be consulted by the President on key appointments, including the Police Commissioner, Chancellor and Chief Justice, and the Judicial Service Commission.
Ferguson emphasised that speculation the election would not occur is misinformed and said her clarification aims to “bring clarity to that issue.” She is continuing to review past parliamentary records to confirm the timing and details of previous Opposition Leader elections.
