Chief Justice (ag) Roxane George has ruled that President Dr Irfaan Ali’s confirmation of Clifton Hicken as Commissioner of Police, even after he turned 55 years old, was not unlawful.
The ruling, handed down in the High Court, brought clarity to the legal challenge filed by Troy Garraway, represented by attorney Dexter Todd.
The applicant had questioned the legality of Hicken’s substantive appointment after he reached the retirement age for public servants in 2023.
In her decision, the Chief Justice found that President Ali acted within the scope of the law when confirming Hicken, noting that there are no legal provisions in the Constitution or the Constitution (Prescribed Matters) Act that prohibit the appointment of a Police Commissioner beyond the age of 55.
As part of her ruling, the Chief Justice awarded costs amounting to $500,000: $200,000 to the State and $300,000 to Hicken. The costs are to be paid on or before 29 August 2025.
The State, in its argument, maintained that the Constitution (Prescribed Matters) Act allows for the extension in office of the Commissioner of Police beyond the age of 55 up to 60 years. The Attorney General argued that nothing in the law prohibits a confirmation after the age of 55, and the President’s actions were therefore valid.
Todd, in his challenge, accepted that an acting appointment beyond the age of 55 was permissible but contended that Hicken’s confirmation should have occurred before he turned 55, as there was no legal provision allowing for a substantive appointment at that age.
President Ali had appointed Hicken to act as Commissioner in March 2022, following the pre-retirement leave of then Commissioner Nigel Hoppie. In December 2024, the President confirmed Hicken’s appointment using his constitutional authority under Article 211 of the Constitution.
Under Article 211 of the Constitution, the President must consult with both the Leader of the Opposition and the Chairperson of the Police Service Commission before appointing a Commissioner or Deputy Commissioners of Police. The Commission Chair is also required to consult with other members of the body before any confirmation is made.
The ruling affirms the constitutional authority of the President in appointments of this nature and settles ongoing questions about the age limit in such senior postings.
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