Dear Editor,
In announcing his appointment of members to the Teaching Service Commission (TSC) without consulting the Leader of the Opposition, President Ali explained that no consultation was possible because no such Leader had been elected since the elections, and that conditions in the education sector required immediate action. In substance, the President was asking the public to accept that constitutional compliance could be set aside in the name of urgency and the public good. That is a bitter pill to swallow.
The Constitution does not suggest or invite consultation with the Leader of the Opposition: it commands it. The constitutional office of LOO is not ceremonial, ornamental nor optional. It is intended to place a restraint on executive power in a winner-take-all constitutional system and to ensure that constitutional commissions operate independently and professionally, representative of the society rather than as proxies for the government of the day. By ignoring this constitutional mandate, the appointments to the TSC are not merely irregular; they are constitutionally tainted – and dangerous.
On inspection, the President’s announcement rings hollow. As a senior member of the Bar observed in another context – that of the mysterious exit of the former acting Chancellor – procedural silence often conceals mischief. The prolonged failure to have a Leader of the Opposition elected raises identical concerns. This is not conjecture; it is a conclusion supported by deliberate inaction and disturbing, verifiable facts.
The elections are over. The recess has been taken. Parliament is sitting. A speaker has been elected. Opposition members are present and calling for the election. The Speaker first disappears and then, acting with the political comfort of his sponsors strengthened by an enlarged government majority, blatantly refuses to facilitate the election. This is not inadvertence. It is obstruction. The vacancy advanced by President Ali to justify his constitutional violation, has been engineered, maintained, and is now being cynically invoked by the President.
What is being presented as constitutional impossibility is, in truth, constitutional engineering.
The President has attempted to cloak this manoeuvre in urgency, pointing to staffing pressures within the education system. He spoke of some 2,700 senior vacancies to be filled, including more than 800 newly created senior posts that did not previously exist. The suggestion was that events had overtaken constitutional formality. But the 2025 Estimates expose that claim. Education staffing spans Agency 40 and all ten regions. Its levels, scales and senior layers were known, budgeted for and deliberately restructured. These pressures were not sudden. They were foreseeable and, in significant part, policy-driven.
That makes the invocation of urgency disingenuous. Senior vacancies do not arise overnight; they build up over time and should have been addressed long before they became a constitutional excuse. The urgency claim also clashes with the Government’s own rhetoric. In his 2025 Budget Speech, the Minister responsible for Finance boasted of a transformative education agenda, and in the debate the Minister of Education praised the PPP/C’s record in the sector. Neither spoke of crisis. A government cannot celebrate success in one breath and plead constitutional necessity the next.
That contradiction matters, because this is not the first time “necessity” has been pressed into service to excuse constitutional shortcuts. In 2022, the appointment of Clifton Hicken as acting Commissioner of Police was defended on the basis that consultation with a Leader of the Opposition was impossible because none existed—an explanation accepted as exceptional at the time. Following the 2025 elections, the same rationale has been recycled, with Parliament once again allowed to remain incomplete so that constitutional consultation can be declared impossible.
The pattern extends beyond appointments. Nowhere is constitutional disregard more visible than in the administration of the Access to Information Act, enacted to give effect to the constitutional right to information. For years, the Commissioner of Information has failed to provide responses to requests or meaningful oversight, while reporting and enforcement have all but disappeared. This inaction has been tolerated rather than corrected—an omission made more troubling by the fact that the President himself holds the portfolio of Minister of Information. What is presented as bureaucratic failure is, in truth, constitutional neglect at the highest level.
Viewed together, these episodes point to a clear strategy by President Ali: constitutional constraints are not confronted but systematically weakened. When compliance is inconvenient (access to information), institutions are allowed to fail; when consultation is required (the election of the Leader of the Opposition), the conditions for it are deliberately left unmet; and when challenged, necessity is invoked after the fact (the Teaching Service Commission).
This is not governance; it is the erosion of the Constitution and the gutting of the rule of law.
The Teaching Service Commission appointments therefore raise more than a legal issue. They raise a democratic one. The failure to empower the opposition does more than narrow political inclusiveness; it contributes to what Nobel Prize–winning scholars describe in Why Nations Fail as the drift toward an extractive political system.