Legal silence does not bar substantive appointment of Police Commissioner after retirement age

Last Updated on Wednesday, 26 March 2025, 21:38 by Writer

The State is arguing that the substantive appointment of Mr Clifton Hicken as Police Commissioner after reaching the retirement age of 55 years is possible, although the law is silent on whether or not that can be done.

President Irfaan Ali relied on the Constitution (Prescribed Matters) Act to appoint Mr Hicken substantively on December 19, 2024, but Mr Troy Garraway of the People’s National Congress Reform (PNCR) said “this provision relates to the extension of a Commissioner of Police already in office”.

“Mr. Hicken was by law, permitted to serve as acting Commissioner until he attained such later age, not exceeding sixty years. Logically, if an acting Commissioner can lawfully serve beyond the age of retirement, he may certainly, if there is no provision within any written law prohibiting same, be substantively appointed during his lawful extension in office, before attaining the age of 60 in accordance with section 2 (b) of the Constitutional (Prescribed Matters) Act,” Attorney General Anil Nandlall states.

Mr Garraway’s contention that no law permitted the appointment of Mr. Hicken as Police Commissioner after he became 55 years old was rebuffed by the Attorney General. He said “we submit with equal force that there is no provision in the law which bars such an appointment, and that the judicial path having been cleared to first, appoint Mr. Hicken acting CoP, and then, extend his term” in keeping with section 2 (b) of the Constitution (Prescribed) Matters Act, there is nothing in the language of Article 211 or any other law that confines his appointment as Police Commissioner to the age of 55 years old or below.

He said Mr Garraway has not pointed to any law that prohibits this appointment.

The Attorney General further argued in his submissions that both substantive and acting appointments to the position of Commissioner of Police are governed by the Constitution (Prescribed Matters) Act, which allows for such extensions. He highlighted that the Chief Justice had already ruled in a previous matter that Mr. Hicken’s appointment as acting Commissioner, and his extension as acting Commissioner, were lawful. “There were no appeals to these matters,” he added.

He further states that the Pensions Act, which provides for the age of retirement of public servants at 55 years, does not apply to the Police Commissioner because it is the Constitution (Prescribed Matters) Act that deals with the extension of tenure of an acting or substantive Police Commissioner beyond 55 until he reaches a maximum of 60 years.

Mr Hicken was appointed to act in the office of Commissioner of Police from March 30, 2022. President Ali, acting on the recommendation of the Police Service Commission, permitted Mr Hicken on July 21, 2023, to continue to act in the office of Commissioner of Police and to perform those functions, even after turning 55 on July 22, 2023, until a time to be determined.