Ravi Balgobin Maharaj (Appellant) v The Minister of Finance (Respondent) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0015

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Ravi Balgobin Maharaj

Respondent(s)

The Minister of Finance

Issue

What is the meaning of the words “independent of the Government, Business and Labour” in the context of the appointment of the chairman of the National Insurance Board of Trinidad and Tobago under section 3(2)(d) of the National Insurance Act 1971?

Facts

In January 2022, the Minister of Finance decided appoint Patrick Ferreira as the chairman of the National Insurance Board. Under the National Insurance Act 1971, the appointment of chairman must be “a person, who in the opinion of the Minister, is independent of Government, Business and Labour”. Mr Maharaj brought a judicial review challenging Mr Ferreira’s appointment. He relied on Mr Ferreira’s history as a Government-nominated director of the Board, and challenged the appointment on the basis that Mr Ferreira was an established businessman. The High Court granted Mr Maharaj permission to apply for judicial review, but dismissed his claim. Mr Maharaj appealed to the Court of Appeal, who upheld the decision of the High Court. The Court of Appeal concluded that “independent of the Government, Business and Labour” means “separate from and free from the control of or influence of government, business and labour”. It held that the Minister’s decision was founded on grounds that were objectively justifiable. Mr Maharaj now appeals to the Judicial Committee of the Privy Council.