JCPC/2024/0015
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PUBLIC LAW AND HUMAN RIGHTS
Ravi Balgobin Maharaj (Appellant) v The Minister of Finance (Respondent) (Trinidad and Tobago)
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.
Date of issue
14 February 2024
Appeal
Justices
Hearing dates
Start date
17 July 2025
End date
17 July 2025
Watch hearings
17 July 2025 - Morning session
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Last updated 17 July 2025