Key Facts
- •Local government elections were held in Trinidad and Tobago on December 2, 2019, with Councillors and Aldermen elected for three-year terms under the Municipal Corporations Act 1990 (MCA).
- •The Miscellaneous Provisions (Local Government Reform) Act 2022 (2022 Act) amended the MCA to extend the terms to four years.
- •The 2022 Act came into force on November 8, 2022, via a Presidential Proclamation.
- •The appellant challenged the government's interpretation that the amendments applied to incumbent Councillors and Aldermen, extending their terms by one year.
- •The Court of Appeal dismissed the appeal, holding that the amended MCA sections clearly indicated the intention to extend the terms of incumbent officeholders.
- •The Privy Council appeal focused on whether the amendments to sections 11 and 12 of the MCA applied to incumbent Councillors and Aldermen.
Legal Principles
Principle of Legality: Legislation will not be construed as contrary to fundamental rights unless clear words are used.
R (Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3; AXA General Insurance Ltd v HM Advocate [2011] UKSC 46
Statutory Interpretation: Courts must consider the context, purpose, and relevant presumptions of statutory construction.
Presumption against retrospectivity: Legislation should not be construed retrospectively unless clear language indicates otherwise.
Democratic principles: The election of representatives for a limited period and the right of the electorate to choose their representatives are fundamental to a representative democracy.
Outcomes
Privy Council allowed the appeal.
The Privy Council held that the amended sections 11 and 12 of the MCA did not clearly express Parliament's intention to extend the terms of incumbent Councillors and Aldermen. The court emphasized the importance of clear language when altering the terms of elected officials and interfering with the democratic process. The amendments, while not unconstitutional, lacked the necessary clarity to justify their retrospective application.