On 7th January, 2022, Dr Timothy Hodge retired from the post of Director of the Anguilla Social Security Board. Since that date, the post has not been substantively filled. Dr. Maglan Lewis, Deputy Director of the Anguilla Social Security Board, has acted as Director since Dr. Hodge’s retirement. Despite many indications that a substantive appointment was imminent it has not materialised.
Then there is the position of Attorney General. Since Mr. Dwight Horsford demitted office in June 2024 the search for a substantive Attorney General has not borne fruit. Different persons have acted in the post of Attorney General, with Mr. Ivor Greene currently acting in the post.
Why have no substantive appointments been made to the positions of Director of Social Security and Attorney General? The explanation offered has been that no suitable candidates have been identified.
Whose responsibility is it to secure suitable candidates for these posts? This question is answered by the applicable legislation. The authority to appoint the Director of Social Security is vested in the Governor by section 6 of the Social Security Act, which is set out below.
“6. (1) The Governor shall appoint a fit and proper person to be the chief administrative officer of the Board on such terms and conditions as the Governor in Council may determine.”
The Governor appoints the Director on terms agreed with Executive Council.
According to section 68 (1) of the Anguilla Constitution, which is set out below, the Attorney General is appointed by the Governor acting after consultation with the Judicial Service Commission.
“68. (1) Power to make appointments to the offices to which this section applies and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Governor, acting after consultation with the Judicial Service Commission.
(2) This section applies to the office of Magistrate, to any office in the public service of any registrar or other officer of the High Court who is required to possess legal qualifications and to such other offices in the public service, for appointment to which persons are required to possess legal qualifications, as may be prescribed by any law for the time being in force in Anguilla.”
The common denominator in both these public service appointments is the Governor as the authority to make the appointments is vested in the Governor. Why the delay? Were the recruitment processes utilised ineffective? Has there been a failure to come to a consensus between the Governor and Executive Council or between the Governor and the Judicial Service Commission? Hasn’t there been sufficient time to get it right?
Whatever the cause of the delay, efforts should be made to fill these two significant posts substantively without further delay. Or is it that the Governor is content with the performance of the persons acting in these posts and see no need for urgency in substantively filling the posts? If that is the case, then why have the persons acting not been substantively appointed to the posts?
What is clear is that the existing situation is unacceptable.
