20th February, 1980.
1. Short title.
2. Interpretation.
3. Constitutional Instruments (including the existing Constitution) repealed.
4. Appointed day.
5. Exercise of powers of Parliament before appointed day.
6. Exercise of power of President before appointed day.
7. Existing laws.
8. Parliament.
9. Standing Orders.
10. President.
11. Prime Minister.
12. Ministers, Attorney General, Parliamentary Secretaries, etc.
13. Cabinet.
14. Supreme Court of Judicature.
15. Existing officers.
16. Oaths.
17. Commissions.
18. Continuation of proceedings.
19. Local democratic organs.
20. Amendment of certain provisions of Amerindian Lands
Commission Act.
21. Electoral districts and list of electors.
22. Amendment of this Act.
1. This Act may be cited as the Constitution of the Co-
operative Republic of Guyana Act 1980.
(2) References In article 133 of the Constitution to any
question as to the interpretation of the Constitution shall be construed
as including references to any question as to the Interpretation of any
provision of this Act.
3. Subject to the provisions of this Act, on the appointed day all the
provisions of the Guyana Independence Act 1966, the Guyana Independence Order 1966 (in so far as they form part of
the law of Guyana) and the existing Constitution are repealed and
thereupon the Constitution shall have effect as the supreme law
of Guyana in place of the existing Constitution.
4. The President shall by proclamation fix a day, being
a day not later than 6th October, 1980, for the coming into operation of
the Constitution.
5. At any time after the enactment of this Act, the
existing Parliament may for the purpose of enabling the Constitution to function on and after the appointed day exercise any of the
powers conferred on the Parliament established by the Constitution.
6. The power conferred by section 7(2) to make orders may be
exercised by the President under the existing Constitution at any time
after the enactment of this Act to such extent as may, in his opinion,
be necessary or expedient to enable the Constitution to function on
and after the appointed day.
7.(1) Subject to the provisions of this Act, the existing laws shall
continue in force on and after the appointed day as if they had been
made in pursuance of the Constitution but shall be construed with
such modifications, adaptations, qualifications and exceptions as may
be necessary to bring them into conformity with this Act.
(2) The President may by order made at any time within the
period of three years next after the commencement of the
Constitution make such modifications to any existing law as may
appear to him to be necessary or expedient for bringing that law into
conformity with the provisions of this Act or otherwise for giving
effect or enabling effect to be given to those provisions.
(3) Anything done under any existing law before its
modification by or under this section which would, but for this
subsection, cease by virtue of that modification to have effect, shall
continue to have effect as if done under that law as so modified.
(4) Where any matter that falls to be prescribed or otherwise
provided for under the Constitution by Parliament or by any other
authority or person is prescribed or provided for by or under any
existing law (including any amendment to any such law made under
this section) or is otherwise prescribed or provided for immediately
before the appointed day by or under the laws repealed by section 3,
that prescription or provision shall, on and after that day, have effect
(with such modifications, adaptations, qualifications and exceptions as
may be necessary to bring it into conformity with this Act) as if it had
been made under the Constitution by Parliament or, as the case may
require, by the other authority or person.
(5) All enactments passed or made by any Parliament or person
or authority under or by virtue of the Guyana Independence Order
1966 and the existing Constitution and not before the appointed day
declared by a competent court to be void by reason of any
inconsistency with any provision of the existing Constitution and that
are not repealed, lapsed or spent or that had not otherwise had their
effect, shall be deemed to have been validly passed or made and to
have had full force and effect as part of the law of Guyana
immediately before the appointed day even if any such enactments
were inconsistent with any provision of the existing Constitution.
(6) Without prejudice to the generality of the foregoing
provisions of this section, if a proclamation of emergency is in force
under article 16 of the existing Constitution immediately before the
appointed day by virtue of a resolution of the existing Assembly, the
proclamation shall on and after that day have effect as if it had been
made under article 150 of the Constitution and (without prejudice to its
continuance in force for further periods by virtue of the provisions of'
paragraph (3)(c) of the said article 150) as if its continuance In force
to the date referred to in that resolution had -been approved by a
resolution passed by the National Assembly under the provisions of
paragraph (3) (c) of the said article 150; and if any person is on the
appointed day detained or restricted in the manner referred to in article
151 of the Constitution the provisions of that article requiring his case
to be reviewed by a tribunal established for the purpose of that article
not later than three months from the commencement of the detention
or restriction shall, In relation to that person, have effect as if the
detention or restriction had commenced on the appointed day.
(7) The provisions of this section shall be without prejudice to
any powers conferred by any law upon any person or authority to
make provision for any matter, Including the making of modifications
to any existing law.
8.(1) Notwithstanding any difference between the composition of the existing
Assembly and that of the National Assembly established by the Constitution, with
effect from the appointed day and until the National. Assembly sits for the first time after
the first election held pursuant to the provisions of article 60 (2) of the Constitution, but
subject to subsection (5). the existing Assembly shall be deemed to be the National
Assembly established by the Constitution (referred to in this section in respect of that
period as "the transitional National Assembly").
(2) Without prejudice to the generality of subsection (1), the persons
who immediately before the appointed day were members of the existing
Assembly shall with effect from that day be members of the transitional
National Assembly, and all questions concerning membership and
functioning of the transitional National Assembly shall be regulated as nearly
as may be practicable by the existing law applicable in the like case to the
existing Assembly.
(3) All matters pending before the existing Assembly immediately
before the appointed day may be continued and completed by the
transitional National Assembly.
(4) Unless and until the transitional National Assembly otherwise
resolves, any person who is a member of that Assembly by virtue of
subsection (2) shall be deemed to have made and subscribed before the
Assembly the oath referred to in article 167 of the Constitution.
(5) Unless sooner dissolved by the President pursuant to the
provisions of article 70 (2) of the Constitution, the Parliament constituted by
the President and the transitional National Assembly shall stand dissolved
on 26th October, 1980.
(6) The first election of members of the National Assembly pursuant
to the provisions of paragraphs (3) and (4) of article 60 of the Constitution
shall be held on such day as the President may by proclamation appoint,
being a day which he considers to be as early as practicable after the holding
of the first election of members of the regional democratic council or of the
National Congress of Local Democratic Organs. as the case may be.
(7) All moneys granted, voted or appropriated by the existing
Assembly in respect of the services of Guyana for the current financial
year shall be deemed to have been granted, voted or appropriated by
the National Assembly established by the Constitution and in ac-
cordance with the Constitution.
(8) In this section "modification" Includes amendment, adaptation or
other alteration authorised by subsection (1).
(9) For the purposes of article 142 of the Constitution, the provisions
contained in the Acquisition of Lands for Public Purposes Act shall be deemed to
specify the principles on which and the manner cap. 62:00 in which the payment of
compensation is to be determined and given
for property compulsorily acquired thereunder.
(10) For so long as the legal profession in Guyana continues to be
divided into barristers and solicitors, any reference in the Constitution to a
lawyer, however described, shall be deemed to be a reference to an advocate
or a legal adviser or a barrister or a solicitor, as the case may be, in the
corresponding provision of the existing Constitution.
9. The rules and orders of the existing Assembly as in force
immediately before the appointed day shall. until it is otherwise provided for under article 165 and article 173 of the Constitution, as the
case may be, be the rules of procedure of the National Assembly and of
the Supreme Congress of the People established under the Constitution,
but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity
with the Constitution.
10.(1) The person who immediately before the appointed day
holds the office of Prime Minister under the existing Constitution shall,
subject to the provisions of article 97 of the Constitution (relating to
the taking of an oath by the President), assume office as President of
the Co-operative Republic of Guyana that day as if be had been elected
thereto in pursuance of the provisions of the Constitution and shall,
unless he sooner dies or resigns or unless he ceases to hold office by
virtue of articles 93 and 94 of the Constitution, continue in office until
the person elected President in the next following Presidential election
held for the purposes of article 91 of the Constitution assumes office.
(2) On the assumption of his office pursuant to subsection (1)
the first President of Guyana shall cease to be a member of the National
Assembly and his seat shall thereby become vacant and may be filled
as nearly as practicable in accordance with the provisions of article 70
of the existing Constitution.
11. Until a Prime Minister is appointed under article 101 of
the Constitution, the person who immediately before the appointed day
holds the office of Minister under the existing Constitution which,
however styled. ranks next in seniority after the office of Prime Minister
and who is an elected member of the existing Assembly shall, on and
after that day, hold the office of Prime Minister as if he had been
appointed thereto under that article.
12.(1) Subject to the provisions of sections 10 and 11, the per
sons who immediately before the appointed day held office as Minister
(other than as Prime Minister), Attorney General, Parliamentary Secretary, Speaker, Deputy Speaker or Leader of the Opposition shall, on
and after that day, hold the corresponding office established by the
Constitution as if they had been appointed or elected thereto, as the case
may be, in accordance with the provisions of the Constitution.
(2) Any person holding the office of Prime Minister or Of
Minister by virtue of the provisions of section 11 or of sub.
section (1) of this section respectively who, immediately before the
appointed day, was assigned responsibility under the existing Constitu-
tion for any business of the Government of Guyana, including the
administration of any department of Government, shall, on and after
that day. be deemed to have been assigned responsibility therefor
under article 107 of the Constitution.
13. Subject to paragraph (1) of article 106 of the Constitution, every
person who does not otherwise become a member of the Cabinet established by the
Constitution but who immediately before the appointed day is a member of the
Cabinet under the existing Constitution shall on and after that day be a member of the
Cabinet established by the Constitution as if he had been appointed thereto under
that paragraph.
14.(1) The Supreme Court of Judicature in existence immediately
before the appointed day shall on and after that day be the Supreme Court of Judicature for the purposes of the Constitution as if it were
established thereunder.
(2) Any decision given before the appointed day by any court
forming part of the Supreme Court of Judicature in existence immediately
before that day shall, for the purpose of its enforcement or for the purpose of
any appeal therefrom, have effect on and after that day as if it were a decision
of the corresponding court established by the Constitution.
15.(1) Subject to the provisions of this Act, every person who
immediately before the appointed day holds or is acting in a public office shall,
on and after that day, hold or act in that office or the corresponding office established
by the Constitution, as the case may be, as if he had been appointed to do so in
accordance with the provisions of the Constitution:
Provided that any person who, under the laws repealed by section 3 or
any other existing law, would have been required to vacate his office at the
expiration of any period shall vacate his office at the expiration of that period.
(2) Subsection (1) shall apply in relation to the offices of Chancellor,
Chief Justice, Justice of Appeal. Puisne Judge. Ombudsman, Clerk and
Deputy Clerk of the National Assembly and. subject to section 17. to the
offices of Chairman, Deputy Chairman (if any) and member of the Judicial
Service Commission. the Public Service Commission, the Police Service
Commission. the Teaching Service Commission and the Elections
Commission as if those offices were public offices.
16. Any person who holds or acts in any office on the appointed day by virtue of the provisions of section 11, 12 or 15 shall be deemed
to have taken any necessary oath under the Constitution or any other law:
Provided that the President may, at any time on or after the appointed
day, require any such person to take any oath required as aforesaid.
17.(1) Until the expiration of the period of three months next after the day on which
the first election after the appointed day has been held pursuant to the provisions of
article 61 of the Constitution or until dissolved by a proclamation issued by the
President, whichever shall the sooner occur, the service commissions and the
Elections Commission as constituted immediately before the appointed day shall on
and after that day be deemed to be the corresponding commissions
under the Constitution notwithstanding any difference in composition under
the existing law and under the Constitution, and any appointments to
vacancies in membership and other matters relating thereto shall be made
and regulated as nearly as may be practicable in accordance with the existing
law.
(2) Any power of a service commission which immediately before
the appointed day is validly delegated to any person or authority shall, to the
extent that that power could be delegated under the Con. stitution to such
person or authority. be deemed. on and after that day, to have been
delegated to that person or authority in accordance with the provisions of
the Constitution.
18. Where any proceedings are pending immediately before
the appointed day before any court, body or authority in respect of
which a corresponding court, body or authority is established by or
under the Constitution, those proceedings may on and after that day be
continued and completed by or before such corresponding court, body
or authority as if they had been commenced in or before such corresponding court, body or authority:
Provided that in the case of any proceedings before any court,
tribunal or the Ombudsman (including any disciplinary proceedings)
where the hearing was partly completed immediately before the
appointed day (in this section referred to as "the original hearing").
no person shall take part in the continued hearing, either as the sole or
other member, as the case may be. of the corresponding court, body or
authority established by or under the Constitution unless he has also
taken part in the original hearing, and where the original hearing can-
not be so continued the hearing shall be recommenced.
19. Any local government authority in existence immediately
before the appointed day shall be deemed to be a local democratic
organ for the purposes of the Constitution as if it were constituted
thereunder.
20. Notwithstanding anything contained in the Constitution,
sections 2 and 3 of the Amerindian Lands Commission Act as in force
immediately before the appointed day may be amended by Parliament
only in the same manner as the provisions specified in article 164(2)(b)
of the Constitution.
21.(1) The polling districts and divisions constituted under any
existing law in relation to elections of members of the existing Assembly
shall be deemed to be the polling districts and divisions for the purposes of elections to be held under article 60 (2) of the Constitution
subject to any amendments duly made thereto under such law.
(2) The list of electors last prepared before the appointed
day for the purposes of holding elections of members of the existing
Assembly shall. subject to any further revision in accordance with law.
be deemed to be the list of electors prepared by the Elections Com-
mission under article 162 of the Constitution for the purposes of article
60 (2) thereof.
22.(1) Parliament may amend section 3 and this section in the same manner as it may alter any of the provisions specified in article 164(2) (a) of the Constitution.
(2) Parliament may amend any other provision of this Act.
with the exception of the Schedule thereto. in the same manner as it
may alter any of the provisions specified in article 164(2) (b) of the
Constitution.
(3) Article 164(3) of the Constitution shall apply for the
purpose of construing references in this section to any provision of this
Act and to the alteration of any such provisl6h as it appues for the pur-
pose of construing references in the said article 164 to any provision
of the Constitution and to the alteration of any such provision.
| 9. |
|
Sovereignty belongs to the people, who exercise it through
their representatives and the democratic organs established by or under
this Constitution. |
| 10. |
|
The right to form political parties and their freedom of
action are guaranteed. Political parties must respect the principles of
national sovereignty and of democracy. |
| *11. |
|
Co-operatives, trade unions and all socio-economic organisations
of a national character are entitled to participate in the various management
and decision making processes of the States and particularly in the political,
economic, social and cultural sectors of national life.
Validation Act No. 1 of 1988
*6. Any written law passed
or made on or after 6th October, 1980 and before the date on which the
Bill for this Act received the assent of the President, and anything done,
or any action taken, under any such written law shall be deemed to be void,
or ever to have been void, only on the ground that any consultation, or
any participation in any management or decision making process, pursuant
to article 11 or any other provision of Chapter II of Part 1 of the Constitution,
has not taken place, and every such written law shall, subject to the provisions
of Title 1 of Part 2 of the Constitution and to the power of the Parliament
to repeal or amend it, continue in force:
Provided that this section shall not be deemed
to validate section 28C inserted in the Labour Act of the Labour (Amendment)
Act 1984 or section 7 of the latter Act.
|
| 12. |
|
Local government by freely elected representatives of the
people is an integral part of the democratic organisation of the State. |
| 13. |
|
The principle objective of the political system of the
State is to extend socialist democracy by providing increasing opportunities
for the participation of citizens in the management and decision making
processes of the State. |
| 14. |
|
The supreme goal of the economic system which is being
established in the State is the fullest possible satisfaction of the people's
growing material, cultural and intellectual requirements, as well as the
development of their personality and their socialist relations in society. |
| 15. |
(1) |
In order to achieve economic independence as the imperative
concomitant of its political independence, the State will revolutionize
the national economy. |
|
(2) |
The national economy of the State will be based upon the
social ownership of the means of production and the eventual abolition
of internal arrangements and relationships which perm it the exploitation
of man by man. |
|
(3) |
The economy will develop in accordance with the economic
laws of socialism on the foundation of socialist relations of production
and development of the production forces. |
|
(4) |
National economic planning shall be the basic principle
of the development and management of the economy. It shall provide for
the widest possible participation of the people and their socio-economic
organs at enterprise, community, regional and national levels, and shall
also provide continuous opportunity for the working people to exercise
initiative and to develop a spirit of creativity and innovation. |
| 16. |
|
Co-operativism in practice shall be the dynamic principle
of socialist transformation and shall pervade and inform all interrelationships
in the society. Co-operativism is rooted in the historical experience of
the people, is based on self-reliance, is capable of releasing the productive
energies of the people, and is a unifying principle in the total development
of the nation. |
| 17. |
|
The existence of privately owned economic enterprises is
recognized. Such enterprises must satisfy social needs and operate within
the regulatory framework of national policy and the law. |
| 18. |
|
Land is for social use and must go to the tiller. |
| 19. |
|
Every citizen has the right to own personal property which
includes such assets as dwelling houses and the land on which they stand,
farmsteads, tools and equipment, motor vehicles and bank accounts. |
| 20. |
|
The right of inheritance is guaranteed. |
| 21. |
|
The source of the growth of social wealth and of the well-being
of the people, and of each individual, is the labour of the people. |
| 22. |
(1) |
Every citizen has the right to work and its free selection
in accordance with social requirements and personal qualifications. He
has the right to be reward ed according to the nature, quality and quantity
of his work. Women and men have the right to equal pay for equal work. |
|
(2) |
Socially useful activity is an honourable duty of every
citizen able to work. The right to work implies a corresponding duty to
work. |
|
(3) |
The right to work is guaranteed |
|
|
(i) |
by social ownership of the means of production, distribution and exchange; |
|
|
(ii) |
by socialist planning, development and management of the economy; |
|
|
(iii) |
by planned and progressive growth of the socialist productive forces
and labour productivity; |
|
|
(iv) |
by consistent implementation of scientific principles and new and productive
forces and labour productivity; |
|
|
(v) |
by continuous education and training of citizens; |
|
|
(vi) |
by socialist labour laws; and |
|
|
(vii) |
by sustained efforts on the part of the State, co-operatives, trade
unions and other socio-economic organisations and the people working together
to develop the economy in accordance with the foregoing principles in order
to increase continuously the country's material wealth, expand employment
opportunities, improve working conditions and progressively increase amenities
and benefits. |
| 23. |
|
Every citizen has the right to rest, recreation and leisure.
The State in co-operation with co-operatives, trade unions and other socio-economic
organisations will guarantee this right by prescribing hours and conditions
of work and by establishing holiday arrangements for workers, including
a complex of cultural, educational and health institutions. |
| 24. |
|
Every citizen has the right to free medical attention and
also to social care in case of old age and disability. |
| 25. |
|
Every citizen has a duty to participate in activities designed
to improve the environment and protect the health of the nation. |
| 26. |
|
Every citizen has the fight to proper housing accommodation. |
| 27. |
|
Every citizen has the right to a free education from nursery
to university as well as at non-formal laces share opportunities are provided
for education and training. |
| 28. |
|
Every young person has the right to ideological, social,
cultural and vocational development and to the right of the socialist order
of society. |
| 29. |
(1) |
Women and men have equal rights and the same legal status
in all spheres of political, economic and social life. All forms of discrimination
against women on the basis of their sex is illegal. |
|
(2) |
The exercise of women's rights is ensured by according
women access with men to academic, vocational and professional training,
equal opportunities in employment, remuneration and promotion, and in social,
political and cultural activity, by special labour and health protections
measures for women, by providing conditions enabling mothers to work, and
by legal protection and material and moral support for mothers and children,
including paid leave and other benefits for mothers and expectant mothers. |
| 30. |
|
Children born out of wedlock are entitled to the same legal
rights and legal status as are enjoyed by children born in wedlock. All
forms of discrimination against children on the basis of their being born
out of wedlock are illegal. |
| 31. |
|
It is the duty of the State to protect the just rights
and interests of citizens abroad. |
| 32. |
|
It is the joint duty of the State, the society and every
citizen to combat and prevent crime and other violations of the law and
to take care of and protect public property . |
| 33. |
|
It is the duty of every citizen to defend the State. |
| 34. |
|
It is the duty of the State to enhance the cohesiveness
of the society by eliminating discriminatory distinctions between classes,
between town and country, and between mental and physical labour. |
| 35. |
|
The State honours and respects the diverse cultural strains
which enrich the society and will seek constantly to promote national appreciation
of them at all levels and to develop out of them a socialist national culture
for Guyana. |
| 36. |
|
In the interests of the present and future generations,
the State will protect and make rational use of its land, mineral and water
resources, as well as its fauna and flora, and will take all appropriate
measures to conserve and improve the environment. |
| 37. |
|
The State supports the legitimate aspirations of other
peoples for freedom and independence and will establish relations with
all states on the basis of sovereign equality, mutual respect, inviolability
of frontiers, territorial integrity of states, peaceful settlement of disputes,
non-intervention in internal affairs, respect for human rights and fundamental
freedoms, and co-operation among States. |
| 38. |
|
It is the duty of the State, co-operatives, trade unions
and other socio-economic organisations and the people through sustained
and disciplined endeavors to achieve the highest possible levels of production
and productivity and to develop the economy in order to ensure the realization
of the rights set out in this Chapter. |
|
|
Amended by Act No. 1
of 1988 by insertion of the Article as follows: |
| 39. |
|
Parliament may by law provide that any provision of this
Chapter shall be enforceable in any court or tribunal and only where, and
to the extent to which, such law provides for the enforcement of any such
provision, and not otherwise, shall that provision be enforceable in any
court or tribunal. |
CHAPTER III
| Composition of Parliament |
| 51. |
|
There shall be a Parliament of Guyana, which shall consist
of the President and the National Assembly. |
| 52. |
(1) |
Subject to paragraph (2) and to articles 105, 185 and 186,
the National Assembly shall consist of sixty-five members who shall be
elected in accordance with the provisions of this Constitution and, subject
thereto, in accordance with any law made by Parliament in that behalf. |
|
(2) |
If any person who is not a member of the National Assembly
is elected to be Speaker of the Assembly, he shall, by virtue of holding
the office of Speaker, be a member of the Assembly in addition to the members
aforesaid. |
| 53. |
|
Subject to article 155 (which relates to allegiance, insanity,
and other matters) a person shall be qualified for election as a member
of the National Assembly if, and shall not be so qualified unless, he |
|
|
(a) |
is a citizen of Guyana of the age of eighteen years or upwards; and |
|
|
(b) |
is able to speak, and, unless incapacitated by blindness or other physical
cause, read the English language with a degree of proficiency sufficient
to enable him to take an active part in the proceedings of the Assembly. |
| 54. |
|
Members of the National Assembly shall vacate their seats
in the Assembly in the circumstances set out in article 156. |
| 55. |
|
Whenever elections have been held pursuant to the provisions
of article 61, the National Assembly shall hold its first meeting at the
time appointed under article 69 (1), and any reference in this Constitution
to the National Assembly meeting for the first time after any election
shall be read and construed as a reference to such first a meeting. |
| 56. |
(1) |
When the National Assembly first meets after any election
and before it proceeds to the despatch of any other business, elect a person
to be the Speaker of the Assembly; and, if the office of Speaker falls
vacant at any time before the next dissolution of Parliament, the Assembly
shall, as soon as practicable, elect another person to that office. |
|
(2) |
The Speaker may be elected either from among the members
of the Assembly who are not Ministers of Parliamentary Secretaries or from
among persons who are not members of the Assembly but are qualified for
election as members. |
|
(3) |
When the National Assembly first meets after any election
and before it proceeds to the despatch of any other business except the
election of the Speaker, the Assembly shall elect a member of the Assembly
who is not a Minister of a Parliamentary Secretary to be Deputy Speaker
of the Assembly; and if the office of Deputy Speaker falls vacant at any
time before the next dissolution of Parliament, the Assembly shall, as
soon as convenient, elect another such member to that office. |
|
(4) |
A person shall vacate the office of Speaker of Deputy Speaker
if required to do so by article 157 (which relates to loss of qualification
for election as a member of the National Assembly and other matters). |
| 57. |
(1) |
There shall be a Clerk and a Deputy Clerk of the National
Assembly, and appointments to those offices shall be made by the President
acting in accordance with the advice of the Speaker. |
|
(2) |
The tenure of office and terms of service of the Clerk
and Deputy Clerk and other matters relating thereto shall be regulated
by article 158. |
| 58. |
(1) |
Any person who sits or votes in the National Assembly,
knowing or having reasonable ground for knowing that he is not entitled
to do so, shall be liable to a penalty of fifty dollars for each day upon
which he so sits or votes. |
|
(2) |
Any such penalty shall be recoverable by civil action in
the High Court at the suit of the Attorney General. |
| Elections |
| 59. |
|
Subject to the provisions of article 159, every person
may vote at an election if he is of the age of eighteen years or upwards
and is either a citizen of Guyana or a Commonwealth citizen domiciled and
resident in Guyana. |
| 60. |
(1) |
Elections of members of the National Assembly shall be
by secret ballot. |
|
(2) |
Subject to the provisions of article 160 (2), fifty-three
members of the National Assembly shall be elected in accordance with the
system of proportional representation prescribed by article 1 60 (1). |
|
(3) |
On such day as the President may by proclamation appoint,
being a day which he considers to be as early as practicable after an election
of members of a regional democratic council has been held in consequence
of a dissolution effected under the provisions of article 73 (2), the council
shall elect one of its members to serve as a member of the National Assembly. |
|
(4) |
On such day as the President may by proclamation appoint,
being a day which he considers to be as early as practicable after an election
of members of the National Congress of Local Democratic Organs has been
held in consequence of a dissolution effected under the provisions of article
80 (2), the Congress shall elect two of its members to serve as members
of the National Assembly. |
| 61. |
|
An election of members of the National Assembly under article
60 (2) shall be held on such day within three months after every dissolution
of Parliament as the President shall appoint by proclamation:
Provided that no balloting commenced during the period of three
months aforesaid, performed before the day so appointed, and pursuant to
which the votes of any person registered as electors are cast at the election,
shall be deemed contrary to the requirements of this article by reason
only that such balloting has been so performed.
|
| 62. |
|
Elections shall be independently
supervised by the Elections Commission in accordance with the provisions
of article 162. |
| 63. |
|
Parliament may make provision for the
filling of casual vacancies among the seats of members of the National
Assembly and for other matters relating to election of members of the
Assembly in accordance with the provisions of paragraph (2) and (3) of
article 160. |
| 64. |
|
All questions as to membership of the
National Assembly shall be determined by the High Court in accordance with
the provisions of article 163. |
| Powers and Procedure of
Parliament |
| 65. |
(1) |
Subject to the provisions of this
Constitution, Parliament may make laws for the peace, order and good
government of Guyana. |
|
|
Amended by Act No. 1 of 1988 by insertion as
follows: |
|
(2) |
The validity of any law under this
Constitution with effect from a date earlier than the day on which this
Constitution commenced shall not be called in question in any court or
tribunal on the ground that it contravenes, or is inconsistent with, any
provision of any constitution which was in force in Guyana at any time
before the day on which this Constitution commenced. |
| 66. |
|
Subject to the special procedure set
out in article 164, Parliament may alter this Constitution. |
| 67. |
(1) |
The President may at any time attend
and address the National Assembly. |
|
(2) |
The President may send messages to the
National Assembly and any such message shall be read, at the first
convenient sitting of the Assembly after if is received, by the Prime
Minister of by any other Minister designated by the President. |
| 68. |
|
All other matters concerning Parliament
(including the procedure thereof) shall be regulated by the provisions of
articles 165 to 172 (inclusive). |
| Summoning, Prorogation
and Dissolution |
| 69. |
(1) |
Each session of Parliament shall be
held at such place within Guyana and shall begin at such time (not being
later that six months from the end of the preceding session if Parliament
has been prorogued or four months from the end of that session if
Parliament has been dissolved) as the President shall appoint by
proclamation. |
|
(2) |
Subject to the provisions of the
preceding paragraph, the sittings of the National Assembly shall be held
at such time and place as the Assembly may, by its rules of procedure or
otherwise, determine. |
| 70. |
(1) |
The President may at any time by
proclamation prorogued Parliament. |
|
(2) |
The President may at any time by
proclamation dissolve Parliament. |
|
(3) |
Parliament, unless sooner dissolved,
shall continue for five years from the date when the Assembly first meets
after any dissolution and shall then stand dissolved. |
|
(4) |
During any time when the President
considers that Guyana is at war Parliament may from time to time extend
the period of five years specified in the preceding paragraph by not more
than twelve months at a time:
Provided that the life of Parliament
shall not be extended under this paragraph by more than five
years. |
|
(5) |
If, after a dissolution and before the
holding of an election of members of the Assembly, pursuant to the
provisions of article 61, the President considers that owing to the
existence of a state of war of a state of emergency in Guyana or any part
thereof, it is necessary to recall Parliament, the President shall summon
the Parliament that has been dissolved to meet, but the election of
members of the Assembly shall proceed and the Parliament that has been
recalled shall, if not sooner dissolved, again stand dissolved on the day
before the day on which the election is held. |
CHAPTER
VII
| 99. |
(1) |
The executive authority of Guyana shall
be vested in the President and, subject to the provisions of this
Constitution, may be exercised by him either directly or through officers
subordinate to him. |
|
(2) |
Nothing in this article shall prevent
Parliament from conferring functions on persons or authorities other that
the President. |
| 100. |
|
Subject to the provisions of article
185, there shall be an office of Prime Minister and such offices of Vice
President and other offices of Minister of the Government of Guyana as may
be established by Parliament or, subject to the provisions of any Act of
Parliament, by the President. |
| 101. |
(1) |
The President shall appoint an elected
member of the National Assembly to be Prime Minister of Guyana. |
|
(2) |
The Prime Minister shall be the
principal assistant of the President in the discharge of his executive
functions and leader of Government business in the National
Assembly. |
| 102. |
(1) |
The President may appoint Vice
Presidents for the purpose of assisting him in the discharge of his
functions. |
|
(2) |
If his is not otherwise the holder of
an office of Vice President, the person holding the office of Prime
Minister shall, by virtue of holding that office, be a Vice President, and
he shall have precedence over any other Vice President. |
| 103. |
(1) |
The Prime Minister and every other Vice
President shall be a Minister of the Government of Guyana. |
|
(2) |
Subject to the provisions of article
101 (1), Vice Presidents and other Ministers shall be appointed by the
President from among persons who are elected members of the National
Assembly or are qualified to be elected as such members. |
| 104. |
|
Articles 101 (1) and 103 (2) shall have
effect in relation to any period between a dissolution of Parliament and
the day on which the next election of members of the Assembly is held
pursuant to the provisions of article 61, or between a dissolution of a
regional democratic council or of the National Congress of Local
Democratic Organs and the day on which the next election by that council
or by the Congress is held pursuant to the provisions of paragraph (3) or
(4) of article 60, as the case may be, as if Parliament of that council or
the Congress, as the case may be, had not been dissolved. |
| 105 |
|
A Minister who was not an elected
member of the Assembly at the time of his appointment shall (unless he
becomes such a member) be a member of the Assembly by virtue of holding
the office of Minister but shall not vote in the Assembly. |
| 106. |
(1) |
There shall be a Cabinet for Guyana,
which shall consist of the President, the Prime Minister, the Vice
Presidents, and such other Ministers as may be appointed to it by the
President. |
|
(2) |
The Cabinet shall aid and advise the
President in the general direction and control of the Government of Guyana
and shall be collectively responsible therefor to Parliament. |
|
(3) |
Cabinet Meetings shall be presided over
by |
|
|
(a) |
the President; |
|
|
(b) |
in the absence of the President, the Prime
Minister; or |
|
|
(c) |
in the absence of the President and the Prime
Minister, such Minister as the President may designate. |
|
(4) |
The Cabinet may act notwithstanding any
vacancy in its membership of the absence of any member thereof. |
|
(5) |
At the invitation of the President or
of any person presiding at a meeting of the Cabinet, a Minister who is not
a member of the Cabinet may attend that meeting and participate fully in
the proceedings as if he were a member. |
| 107. |
|
The President may assign to any
Minister responsibility for any business of the Government of Guyana,
including the administration of any department of Government, and shall be
charged with all responsibility not assigned to any Minister:
Provided that authority to exercise any
power or discharge any duty that is conferred or imposed by any other
provision of this Constitution or by any other law on any person or
authority shall not be conferred under this article. |
| 108. |
|
The office of a Minister shall become
vacant in the circumstances set out in article 183. |
| 109. |
|
Whenever any Minister is absent from
Guyana or is unable by reason of illness to perform his functions as
Minister, the President may authorise some other Minister to perform those
functions and that Minister may perform those functions until they are
resumed by the first mentioned Minister or are assigned to another
Minister pursuant to the provisions of article 107. |
| 110. |
(1) |
There shall be an office of Minority
Leader and appointments thereto shall be made by the President. |
|
(2) |
Qualifications for appointment to the
office of Minority Leader and other matters connected therewith are
regulated by article 184. |
| 111. |
(1) |
In the exercise of his functions under
this Constitutions or any other law, the President shall act in accordance
with his own deliberate judgement except in cases where, by this
Constitution or by any other law, he is required to act in accordance with
the advice or on the recommendation of any person or authority. |
|
(2) |
Where by this Constitution the
President is directed to exercise any function on the advice or
recommendation of any person or authority, he may, in accordance with his
own deliberate judgement, once refer any such advice or recommendation
back for reconsideration by the person or authority concerned and if that
person or authority, having reconsidered the original advice or
recommendation, substitutes therefor a different advice or recommendation,
as the case may be, the President shall act in accordance therewith; but
save as aforesaid he shall act in accordance with the original advice or
recommendation. |
| 112. |
(1) |
There shall be an Attorney General of
Guyana who shall be the principal legal adviser to the Government of
Guyana and who shall be appointed by the President. |
|
(2) |
Qualifications for appointment to the
office of Attorney General and other matters connected therewith are
regulated by article 185. |
| 113. |
(1) |
The President may appoint Parliamentary
Secretaries to assist himself or Ministers in the discharge of their
functions. |
|
(2) |
Qualifications for appointment to the
office of Parliamentary Secretary and other matters connected therewith
are regulated by article 186. |
| 114. |
|
Every Minister and Parliamentary
Secretary shall, before entering upon the duties of his office, make and
subscribe the oath of office. |
| 115. |
|
Where the President or any Minister has
been charged with responsibility for any department of Government, he
shall exercise general direction and control over that department; and,
subject to such direction and control, the department shall be under the
supervision of a permanent secretary, whose office shall be a public
office:
Provided that two or more government
departments may be placed under the supervision of one permanent
secretary. |
| 116. |
(1) |
There shall be a Director of Public
Prosecutions whose office shall be a public office. |
|
(2) |
The functions of the Director of Public
Prosecutions are set out in article 187. |
| 117. |
(1) |
There shall be a Secretary to the
Cabinet whose office shall be a public office. |
|
(2) |
The Secretary to the Cabinet, who shall
have charge of the Cabinet Office, shall be responsible in accordance with
such instructions as may be given him by the President, for arranging the
business for, and keeping the minutes of, the Cabinet and for conveying
the decisions of the Cabinet to the appropriate person or authority and
shall have such other functions as the President may direct. |
| 118. |
(1) |
Cabinet may establish sub-committees of
itself for the purpose of attending to any of its responsibilities. |
|
(2) |
Cabinet may in particular establish a
finance subcommittee of itself to be assisted by experts and advisers,
including the Auditor General, and charge it with responsibility for
supervising the financial affairs of the State and for instituting,
monitoring and enforcing systems of financial control and discipline
throughout the service of both central and local government, including the
service of corporations, boards and agencies established by the
Government. |
| 119. |
|
Subject to any provision made by
Parliament, the President may appoint standing committees consisting of
such persons as he may deem fit for the purpose of reviewing of examining
any aspect of national life and making recommendations or otherwise
reporting thereon to the Government of to Parliament. |
| 120. |
|
Subject to the provisions of this
Constitution and of any other law, the President may constitute offices
for Guyana, make appointments to any such office and terminate any such
appointment. |
| 121. |
|
The Prerogative of Mercy shall vest in
the President and shall be exercised by him in accordance with the
provisions of articles 191 to 196 (inclusive). |
| 122. |
(1) |
There shall be an Ombudsman for
Guyana. |
|
(2) |
All matters relating to the appointment
and functions of the Ombudsman and other matters connected therewith are
regulated by articles 191 to 196 (inclusive). |
CHAPTER
XI
| 138. |
(1) |
No person shall be deprived of his life
intentionally save in execution of the sentence of a court in respect of
an offense under the law of Guyana of which he has been convicted. |
|
(2) |
Without prejudice to any liability for
a contravention of any other law with respect to the use of force in such
cases as are hereinafter mentioned, a person shall not be regarded as
having bee n deprived of his life in contravention of this article if he
dies as the result of the use of force to such extent as is reasonably
justifiable in the circumstances of the case |
|
|
(a) |
for the defense of any person from
violence or for the defense of property; |
|
|
(b) |
in order to effect a lawful arrest or
to prevent the escape of a person lawfully detained; |
|
|
(c) |
for the purpose of suppressing a riot,
insurrection or mutiny; or |
|
|
(d) |
in order to prevent the commission by
that person of a criminal offense, |
|
|
or if he dies as the result of a lawful
act of war. |
| 139. |
(1) |
No person shall be deprived of his
personal liberty save as may be authorised by law in any of the following
cases, that is to say |
|
|
(a) |
in execution of the sentence or order
of a court, whether established for Guyana or some other country, in
respect of a criminal offense of which he has been convicted; |
|
|
(b) |
in execution of an order of the High
Court of the Court of Appeal of such other court as may be prescribed by
Parliament punishing him for contempt of any such court or of another cour
t or tribunal; |
|
|
(c) |
in execution of the order of a court
made to secure the fulfillment of any obligation imposed on him by
law; |
|
|
(d) |
for the purpose of bringing him before
a court in execution of the order of a court; |
|
|
(e) |
upon reasonable suspicion of his having
committed, or being about to commit, a criminal offense under the law of
Guyana; |
|
|
(f) |
in the case of a person who has not
attained the age of eighteen years, under the order of a court or with the
consent of his parent or guardian, for the purpose of his education or
welfare; |
|
|
(g) |
for the purpose of preventing the
spread of an infectious or contagious disease; |
|
|
(h) |
in the case of a person who is, or is
reasonably suspected to be, of unsound mind, addicted to drugs or alcohol,
or a vagrant, for the purpose of his care or treatment or the protection
of the community; |
|
|
(i) |
for the purpose of preventing the
unlawful entry of that person into Guyana, or for the purpose of effecting
expulsion, extradition or other lawful removal of that person from Guyana
or for the purpose of restricting that person while he is being conveyed
through Guyana in the course of his extradition or removal as a convicted
prisoner from one country to another; |
|
|
(j) |
to such extent as may be necessary in
the execution of a lawful order requiring that person to remain within a
specified area within Guyana or prohibiting him from being within such an
area, or to such extent as may be reasonably justifiable for the taking of
proceedings against that person with a view to the making of any such
order or relating to such an order after it has been made or to such
extent as may be reasonably justifiable for restraining that person during
any visit that he is permitted to make to any part of Guyana in which, in
consequence of any such order, his presence would otherwise be
unlawful; |
|
|
(k) |
subject to the provisions of the next
following paragraph, for the purposes of his preventive detention; |
|
|
(l) |
for the purpose of his being called up
for national service. |
|
(2) |
(a) |
No law providing for preventive
detention shall authorise the detention of a person for a longer period
than three months unless a tribunal established for the purposes of this
paragraph has reported before the expiration of the said period of three
months that there is, in its opinion, sufficient cause for such
detention. |
|
|
(b) |
The references in subparagraph (a) to a
period of three months include references to any lesser period that amount
in the aggregate to three months:
Provided that no two such lesser
periods shall be aggregated for this purpose if the period between the
expiration of the first and the commencement of the second is more than
one month. |
|
|
(c) |
A person who has been detained by
virtue of the provisions of any law providing for preventive detention and
who has been released from detention in consequence of a report of a
tribun al established for the purposes of this paragraph that there is, in
its opinion, insufficient cause for his detention shall not be again
detained by virtue of such provisions within the period of six months from
his release on the same grounds as he was o riginally detained. |
|
|
(d) |
For the purposes of subparagraph (c) a
person shall be deemed to have been detained on the same grounds as he was
originally detained unless a tribunal established as aforesaid has rep
orted that, in its opinion, there appears prima facie, to be new and
reasonable grounds for the detention and the giving of any such report
shall be without prejudice to the provisions of subparagraph (a). |
|
|
(e) |
A tribunal established for the purposes
of this paragraph shall be established by law and shall consist of persons
who are Judges of the Supreme Court of Judicature or who are qualifie d to
be appointed as Puisne Judges of the High Court. |
|
(3) |
Any person who is arrested or detained
shall be informed as soon as reasonably practicable, in a language that he
understands, of the reasons for his arrest of detention and shall be
permitted, at his own expense, to retain and instruct without delay a
legal adviser of his own choice, being a person entitled to practice in
Guyana as an attorney-at-law, and to hold communication with him. |
|
(4) |
any person who is arrested or detained
|
|
|
(a) |
for the purpose of bringing him before
a court in execution of the order of the court; or |
|
|
(b) |
upon reasonable suspicion of his having
committed or being about to commit a criminal offense and who is not
released, shall be brought before a court as soon as is reasonably
practica ble; and if any person arrested or detained upon reasonable
suspicion of his having committed or being about to commit a criminal
offense is not tried within a reasonable time, thin, without prejudice to
any further proceedings which may be brought agains t him, he shall be
released either unconditionally or upon reasonable conditions, including
in particular such conditions as are reasonably necessary to ensure that
he appears at a later date for trial or for proceedings preliminary to
trial. |
|
(5) |
Any person who is unlawfully arrested
or detained by any other person shall be entitled to compensation therefor
from that other person. |
|
(6) |
Nothing in the provisions of paragraphs
(3) and (4) shall apply to any person arrested or detained by virtue of
the provisions of any law providing for preventive detention except in so
far as the provisions of the said paragraph (3) require that he shall be
permitted to retain and instruct a legal adviser and to hold communication
with him. |
| 140. |
(1) |
No person shall be held in slavery or
servitude. |
|
(2) |
No person shall be required to perform
forced labour. |
|
(3) |
For the purposes of this article, the
expression "forced labour" does not include |
|
|
(a) |
any labour required in consequence of
the sentence or order of a court; |
|
|
(b) |
any labour required of any person while
he is lawfully detained that, though not required in consequence of the
sentence or order of a court, is reasonably necessary in the interests o f
hygiene or for the maintenance of the place at which he is detained; |
|
|
(c) |
any labour required of a member of a
disciplined force in pursuance of his duties as such or, in the case of a
person who has conscientious objections to service as a member of a naval
, military or air force, any labour that person is required by law to
perform in place of such service; or |
|
|
(d) |
any labour required during any period
when Guyana is at war or in the event of any hurricane, earthquake, flood,
fire or other like calamity that threatens the life or well-being of th e
community to the extent that the requiring of such labour is reasonably
justifiable, in the circumstances of any situation arising or existing
during that period or as a result of that calamity, for the purpose of
dealing with that situation. |
| 141. |
(1) |
No person shall be subjected to torture
or to inhuman or degrading punishment or other treatment. |
|
(2) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question
authorises the infli ction of any punishment of the administration of any
treatment that was lawful in Guyana immediately before the commencement of
this Constitution. |
|
|
Amended by Act No. 9 of 1984. |
| 142. |
(1) |
No property of any description shall be
compulsory taken possession of, and no interest in or right over property
of any description shall be compulsory acquired, except by or under the
authority of a written law |
|
|
Amended by Act No. 1 of 1988. |
|
|
(a) |
providing for compensation for the
property or any interest in or right over property so possessed or
acquired and specifing the principles on which the compensation is to be
determine d and given; and |
|
|
Amended by Act No. 23 of 1990. |
|
|
(b) |
giving to any person claiming such
compensation a right of access, either directly or by way of appeal, for
the determination of his interest in or right over the property and the
amou nt of compensation, to the High Court |
|
(2) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of the preceding paragraph |
|
|
(a) |
to the extent that the law in question
makes provision for the taking of possession or acquisition of any
property |
|
|
|
(i) |
in satisfaction of any tax, duty, rate, cess or
other impost; |
|
|
|
(ii) |
by way of penalty for breach of the law, whether
under civil process or after conviction of a criminal offense under the
law of Guyana; |
|
|
|
(iii) |
as an incident of a lease, tenancy, mortgage,
charge, bill of sale, pledge, contract, grant, permission or
license; |
|
|
|
(iv) |
in the execution of judgments or orders of a
court in proceedings for the determination of civil rights or
obligations; |
|
|
|
(v) |
in circumstances where it is reasonably necessary
so to do because the property is in a dangerous state or injurious to the
health of human beings, animals or plants; |
|
|
|
(vi) |
in consequence of any law with respect to the
limitations of actions; |
|
|
|
(vii) |
for so long only as may be necessary for the
purposes of any examination, investigation, trial or inquiry or, in the
case of land, for the purposes of the carrying out thereon of work of
social conservation or the conservation of other natural resources or work
relating to agricultural development or improvement; |
|
|
|
(viii) |
which is not beneficially occupied or which, if
it is beneficially occupied or which, if it is beneficially occupied, is
not so occupied by the holder of the title to the land or by any member of
his family; or |
|
|
|
(ix) |
in consequence of any law requiring an employer
to remunerate his employee during any period of compulsory national
service which the employee has undertaken; or |
|
|
(b) |
to the extent that the law in question
makes provision for the taking of possession or acquisition of |
|
|
|
(i) |
property of the Amerindians of Guyana for the
purpose of its care, protection and management or any right, title or
interest held by any person in or over any lands situated in an Ameri
ndian District, Area or Village established under the Amerindian Act for
the purpose of effecting the termination or transfer thereof for the
benefit of an Amerindian community; |
|
|
|
(ii) |
Enemy property; |
|
|
|
(iii) |
property of a deceased person, a person of
unsound mind or a person who has not attained the age of eighteen years,
for the purpose of its administration for the benefit of the person s
entitled to the beneficial interest therein; |
|
|
|
(iv) |
property of a person adjudged insolvent of a body
corporate in liquidation, for the purpose of its administration for the
benefit of the creditors of the insolent person or body corpor ate and,
subject thereto, for the benefit of other persons entitled to the
beneficial interest in the property; |
|
|
|
(v) |
property subject to a trust, for the purpose of
vesting the property in persons appointed as trustees under the instrument
creating the trust of by a court or, by order of a court for t he purpose
of giving effect to the trust; or |
|
|
|
(vi) |
property to be used by the State for the purpose
of providing, maintaining and managing any place of education, where the
property was being used as a place of education at any time du ring 1976
and prior to the coming into operation of the law in question. |
|
(3) |
Nothing in this article shall be
construed as affecting the making or operation of any law |
|
|
|
(i) |
so far as it provides for the orderly marketing
or production or growth or extraction of any agricultural product or
mineral or any article or thing prepared for market or manufactured
therefor or for the reasonable restriction of the use of any property in
the interest of safeguarding the interests of others of the protection of
tenants, licenses or others having rights in or over such property; |
|
|
|
(ii) |
so far as it provides for the making of
contributions compulsory by workers to any industrial scheme or workers'
organisation intended to work or provide for the benefit or welfare of
such workers or of their fellow workers or of any relatives and dependents
of any of them; or |
|
|
|
(iii) |
for the compulsory taking of possession in the
public interest of any property of the compulsory acquisition in the
public interest of any interest in or fight over property, where th at
property, interest or right is held by a body corporate established
directly by law for public purposes in which moneys provided by Parliament
of by any Legislature previously established for the territory of Guyana
have been invested. |
| 143. |
(1) |
Except with his own consent, no person
shall be subjected to the search of his person or his property or the
entry by others on his premises. |
|
(2) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question makes
provision |
|
|
(a) |
that is reasonably required in the
interests of defense, public safety, public order, public morality, public
health, town or country planning, the development or utilisation of any ot
her property in such manner as to promote the public benefit; |
|
|
(b) |
that is reasonably required for the
purpose of protecting the rights or freedoms of other persons; |
|
|
(c) |
that authorises an officer of agent of
the Government of Guyana, or of a local democratic organ or of a body
corporate established directly by law for public purposes to enter on the
p remises of any person in order to inspect those premises or anything
thereon for the purpose of any tax, duty, rate, cess or other impost or in
order to carry out work connected with any property that is lawfully
connected with any property that is lawful ly on those premises and that
belongs to that Government, local democratic organ or body corporate, as
the case may be, or for the purpose of obtaining of verifying information
required for compiling national statistics or required for the purposes of
pla nning, management and development of the national economy; or |
|
|
(d) |
that authorises, for the purpose of
enforcing the judgment or order of a court in any proceedings, the entry
upon any premises by order of a court. |
| 144. |
(1) |
If any person is charged with a
criminal offense, then, unless the charge is withdrawn, the case shall be
afforded a fair hearing within a reasonable time by an independent and
impartial court established by law. |
|
(2) |
It shall be the duty of a court to
ascertain the truth in every case provided that every person who is
charged with a criminal offense |
|
|
(a) |
shall be presumed to be innocent until
he is proved or has pleaded guilty; |
|
|
(b) |
shall be informed as soon as reasonably
practicable, in a language that he understands and in detail, of the
nature of the offense charged; |
|
|
(c) |
shall be given adequate time and
facilities for the preparation of his defence; |
|
|
(d) |
shall be permitted to defend himself
before the court in person or by legal representative of his own
choice; |
|
|
(e) |
shall be afforded facilities to examine
in person or by his legal representative the witnesses called by the
prosecution before the court and to obtain the attendance and carry out
the examination of witnesses to testify on his behalf before the court on
the same conditions as those applying to witnesses called by the
prosecution; and |
|
|
(f) |
shall be permitted to have without
payment the assistance of an interpreter if he cannot understand the
language used at the trial of the charge, |
|
|
and, except with his consent, the trial
shall not take place in his absence unless he so conducts himself as to
render the continuance of the proceedings in his presence impracticable
and the court has ordere d him to be removed and the trial to proceed in
his absence or he fails without reasonable excuse (the proof whereof shall
lie on him) to attend court. |
|
(3) |
When a person is tried for any criminal
offense, the accused person or any person authorised by him in that behalf
shall, if he so requires and subject to payment of such reasonable fee as
may be prescribed by law, be given within a reasonable time after judgment
a copy for the use of the accused person of any record of the proceedings
made by or on behalf of the court. |
|
(4) |
No person shall be held to be guilty of
a criminal offense on account of any act or omission that did not, at the
time it took place, constitute such an offense, and no penalty shall be
imposed for any criminal offense that is more severe in degree or nature
that the most severe penalty that might have been imposed for that offense
at the time when it was committed. |
|
(5) |
No person who shows that he has been
tried by a competent court for a criminal offense and either convicted of
acquitted shall again be tried for that offense or for any other criminal
offense of which he could have been convicted at the trial for that
offense, save upon the order of a superior court in the course of appeal
proceedings relating to the conviction or acquittal. |
|
(6) |
No person shall be tried for a criminal
offense if he shows that he has been granted a pardon for that
offense. |
|
(7) |
No person who is tried for a criminal
offense shall be compelled to give evidence at the trial. |
|
(8) |
Any court of other tribunal prescribed
by law for the determination of the existence or extent of any civil right
or obligation shall be established by law and shall be independent and
impartia l; and where proceedings for such a determination are instituted
by any person before such a court or other tribunal, the case shall be
given a fair hearing within a reasonable time. |
|
(9) |
Except with the agreement of all the
parties thereto, all proceedings of every court and proceedings for the
determination of the existence or extent of any civil right or obligation
before any other tribunal, including the announcement of the decision of
the court or other tribunal, shall be held in public. |
|
(10) |
Nothing in the preceding paragraph
shall prevent the court of other tribunal from excluding from the
proceedings persons other than the parties thereto and their legal
representatives to such extent as the court or other tribunal |
|
|
(a) |
may by law be empowered so to do and
may consider necessary or expedient in circumstances where publicity would
prejudice the interests of justice or in interlocutory proceedings or in
the interes ts of decency, public morality, the welfare of persons under
the age of eighteen years or the protection of the private lives of
persons concerned in the proceedings; or |
|
|
(b) |
may by law be empowered or required so
to do in the interests of defense, public safety or public order. |
|
(11) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of |
|
|
(a) |
paragraph (2) (a) to the extent that
the law in question imposes upon any person charged with a criminal
offense the burden of proving particular facts; |
|
|
(b) |
paragraph (2) (e) to the extent that
the law in question imposes conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their ex
penses out of public funds; or |
|
|
(c) |
paragraph (5) to the extent that the
law in question authorises a court to try a member of a disciplined force
for a criminal offense notwithstanding any trial and conviction or acquit
tal of that member under the disciplinary law of that force, so, however,
that any court so trying such a member and convicting him shall, in
sentencing him to any punishment, take into account any punishment awarded
him under that disciplinary law. |
|
(12) |
In the case of any person who is held
in lawful detention, the provisions of paragraph (1), paragraph (2) (d)
and a criminal offense under the law regulating the discipline of persons
held in such detention. |
|
(13) |
Nothing contained in paragraph (2) (d)
shall be construed as entitling a person to legal representation at public
expense but, subject thereto, it shall be the duty of the State to ensure
that every person charged with a criminal offense is given a fair trial
and accordingly to make provision for legal aid to be given in suitable
cases. |
|
(14) |
In this article, "criminal offense"
means a criminal offense under the law of Guyana. |
| 145. |
(1) |
Except with his own consent, no person
shall be hindered in the enjoyment of his of conscience, and for the
purposes of this article the said freedom to change his religion or
belief, and freedom, either alone or in community with others, and both in
public and in private, to manifest and propagate his religion or belief in
worship, teaching, practice and observance. |
|
(2) |
No religious community shall be
prevented from providing religious instruction for persons of that
community. |
|
(3) |
Except with his own consent (or, if he
is a person who has not attained the age of eighteen years, the consent of
his guardian), no person attending any place of education shall be
required to receive religious instruction or to take part in or attend any
religious ceremony or observance if that instruction, ceremony or
observance relates to a religion which is not his own. |
|
(4) |
No person shall be compelled to take
any oath which is contrary to his religion or belief or to take any oath
in a manner which is contrary to his religion or belief. |
|
(5) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question makes
provisions |
|
|
(a) |
which is reasonably required |
|
|
|
(i) |
in the interests of defense, public
safety, public order, public morality or public health; or |
|
|
|
(ii) |
for the purpose of protecting the
rights and freedoms of other persons, including the right to observe and
practice any religion without the unsolicited intervention of membe rs of
any other religion; or |
|
|
(b) |
with respect to standards or
qualifications to be required in relation to places of education including
any instruction (not being religious instruction) given at such
places. |
|
(6) |
References in this article to a
religion shall be construed as including references to a religious
denomination, and cognate expressions shall be construed
accordingly. |
| 146. |
(1) |
Except with his own consent, no person
shall be hindered in the enjoyment of his freedom of expression, that is
to say, freedom to hold opinions without interference, freedo m to receive
ideas and information without interference, freedom to communicate ideas
and information without interference and freedom from interference with
his correspondence. |
|
(2) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question makes
provision |
|
|
(a) |
that is reasonably required in the
interests of defense, public safety, public order, public morality or
public health; |
|
|
(b) |
that is reasonably required for the
purpose of protecting the reputation, rights, and freedoms of other
persons or the private lives of persons concerned in legal proceedings,
preventi ng the disclosure of information received in confidence,
maintaining the authority and independence of the courts, regulating the
technical administration or the technical operation of telephony,
telegraphy, posts, wireless broadcasting or television, or ensuring
fairness and balance in the dissemination of information to the public;
or |
|
|
(c) |
that imposes restrictions upon public
officers or officers of any corporate body established on behalf of the
public or owned by or on behalf of the Government of Guyana. |
| 147. |
(1) |
Except with his own consent, no person
shall be hindered in the enjoyment of his freedom of assembly and
association, that is to say, his right to assemble freely and associate
with other persons and in particular to form or belong to political
parties or to form or belong to trade unions or other associations for the
protection of his interests. |
|
(2) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question makes
provision |
|
|
(a) |
that is reasonably required in the
interests of defence, public safety, public order, public morality or
public health; or |
|
|
(b) |
that is reasonably required for the
purpose or protecting the rights or freedoms of other persons; or |
|
|
(c) |
that imposes restrictions upon public
officers; or |
|
|
(d) |
that imposes an obligation on workers
to become contributors to any industrial scheme or workers' organisation
intended to work or provide for the benefit or welfare of such workers or
of their fellow workers or of any relatives and dependents of any of
them. |
| 148. |
(1) |
No person shall be deprived of his
freedom of movement, that is to say, the right to move freely throughout
Guyana, the right to reside in any part of Guyana, the right to enter
Guyana, the right to leave Guyana and immunity from expulsion from
Guyana. |
|
(2) |
Any restriction on a person's freedom
of movement that is involved in his lawful detention shall not be held to
be inconsistent with or in contravention of this article. |
|
(3) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question makes
provision |
|
|
(a) |
for the imposition of restrictions on
the movement or residence within Guyana of any person or on any person's
right to leave Guyana that are reasonably required in the interests of de
fence, public safety or public order or for the purpose of preventing the
subversion of democratic institutions in Guyana; |
|
|
(b) |
for the imposition of restriction on
the movement or residence within Guyana or on the right to leave Guyana of
persons generally or any class of persons that are reasonably required i n
the interests of defence, public safety, public order, public morality or
public health or for the purpose of preventing the subversion of
democratic institutions in Guyana; |
|
|
(c) |
for the imposition of restrictions on
the acquisition or use of land or other property in Guyana; |
|
|
(d) |
for the imposition of restrictions, by
order of a court, on the movement or residence, within Guyana of any
person or on any person's rights to leave Guyana either in consequence of
hi s having been found guilty of a criminal offence under the laws of
Guyana of for the purpose of ensuring that he appears before a court at a
later date for trial for such a criminal offence or for proceedings
preliminary to trial or for proceedings relati ng to his extradition or
lawful removal from Guyana; |
|
|
(e) |
for the imposition of restrictions on
the freedom of movement of persons who are not citizens of Guyana; |
|
|
(f) |
for the imposition of restrictions upon
the movement or residence within Guyana or on the right to leave Guyana of
public officers; |
|
|
(g) |
for the removal of persons from Guyana
|
|
|
|
(i) |
to be tried or punished in some other
country for a criminal offence under the law of that country; or |
|
|
|
(ii) |
to undergo imprisonment in some other
country in execution of the sentence of a court in respect of a criminal
offence under the law of Guyana of which he has been convicted; or |
|
|
|
(iii) |
to be detained in an institution in
some other country for the purpose of giving effect to the order of a
court made in pursuance of a law of Guyana relating to the treatmen t of
offenders under a specified age; or |
|
|
|
(iv) |
to be detained for care or treatment in
a hospital or other institution in pursuance of a law of Guyana relating
to persons suffering from defect or disease of the mind; or |
|
|
(h) |
for the imposition of restrictions on
the right of any person to leave Guyana that are reasonably required in
order to secure the fulfillment of any obligations imposed on that person
by law. |
|
(4) |
provisions of article 151 shall apply
in relation to a person whose freedom of movement is restricted by virtue
of such a provision as is referred to in paragraph (3)(a) as they apply in
relati on to a person whose freedom of movement is restricted by virtue of
such a provision as is referred to in article 150 (2). |
| 149. |
(1) |
Subject to the provisions of this
article |
|
|
(a) |
no law shall make any provision that is
discriminatory either of itself or in its effect; and |
|
|
(b) |
no person shall be treated in a
discriminatory manner by any person acting by virtue of any written law or
in the performance of the functions of any public office or any public
author ity. |
|
(2) |
In this article the expression
"discriminatory" means affording different treatment to different persons
attributable wholly or mainly to their respective descriptions by race,
place of origin, political opinions, colour or creed whereby persons of
one such description are subjected to disabilities or restrictions to
which persons of another such description are not made subject or are
accorded privileges or advantages which are not afforded to persons of
another such description. |
|
(3) |
Paragraph (1) (a) shall not apply to
any law so far as that law makes provision |
|
|
(a) |
with respect to persons who are not
citizens of Guyana; |
|
|
(b) |
with respect to adoption, marriage,
divorce, burial, devolution of property on death or other matters of
personal law; or |
|
|
(c) |
whereby persons of any such description
as is mentioned in the preceding paragraph may be subjected to any
disability or restriction or may be accorded any privilege or advantage
which , having regard to its nature and to special circumstances
pertaining to those persons or to persons of any other such description,
is reasonably justifiable. |
|
(4) |
Nothing contained in any law shall be
held to be inconsistent with or in contravention of paragraph (1) (a) to
the extent that it makes provision with respect to standards or
qualifications (no t being standards or qualifications specifically
relating to race, place of origin, political opinion, colour or creed) to
be required of any person who is appointed to any office in the public
service, any office in a disciplined force, or any office in the service
of a local democratic organ or of a body corporate established by any law
for public purposes. |
|
(5) |
Paragraph (1) (b) shall not apply to
anything which is expressly or by necessary implication authorised to be
done by any such provision of law as is referred to in either of the two
preceding paragraphs. |
|
(6) |
Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this article to the extent that the law in question makes
provision |
|
|
(a) |
whereby persons of any such description
as is mentioned in paragraph (2) may be subjected to any restriction on
the rights and freedoms guaranteed by articles 143, 145, 146, 147 and 14
8, being such a restriction as is authorised by article 143 (2), article
145 (5), article 146 (2), article 147 (2), or article 148 (3), other than
subparagraph (c) thereof, as the case may be; |
|
|
(b) |
for the appropriation of revenue or
other funds of Guyana; or |
|
|
(c) |
for the protection, well-being or
advancement of the Ameridians of Guyana. |
|
(7) |
Paragraph (1) (b) shall not affect any
discretion relating to the institution, conduct or discontinuance of civil
or criminal proceedings in any court that is vested in any person by or
under t his Constitution or any other law. |
| 150. |
(1) |
This article applies to any period when
|
|
|
(a) |
Guyana is at war; or |
|
|
(b) |
there is in force a proclamation (in
this article referred to as a "proclamation of emergency") made by the
President declaring that a state of public emergency exists for the
purposes of this article; or |
|
|
(c) |
there is in force a resolution of the
National Assembly, in favour of which there were cast the votes of not
fewer that two-thirds of all the elected members, declaring that
democratic institutions in Guyana are threatened by subversion. |
|
(2) |
Nothing contained in or done under the
authority of any laws shall be held to be inconsistent with or in
contravention of article 139, 140 (2) or 143, any provision of article 144
other than paragraph (4) thereof, or any provision of articles 145 to 149
(inclusive) to the extent that the law in question makes in relation to
any period to which this article applies provision, or authorises the
doing during any such period of anything, which is reasonably justifiable
in the circumstances of any situation arising or existing during that
period for the purpose of dealing with that situation. |
|
(3) |
(a) |
Where any proclamation of emergency has
been made, copies thereof shall as soon as practicable be laid before the
National Assembly, and if, by reason of its adjournment or the pror
ogation of Parliament, the Assembly is not due to meet within five days
the President shall, by proclamation, summon the Assembly to meet within
five days, and the Assembly shall accordingly meet and sit upon the day
appointed by the proclamation and shal l continue to sit and act as if it
had stood adjourned or Parliament had stood prorogued to that day. |
|
|
(b) |
A proclamation of emergency shall,
unless it is sooner revoked by the President, cease to be in force at the
expiration of a period of fourteen days beginning on the date on which it
w as made or such longer period as may be provided under the next
following subparagraph, but without prejudice to the making of another
proclamation of emergency at or before the end of the period. |
|
|
(c) |
If at any time while a proclamation of
emergency is in force (including any time while it is in force by virtue
of the provisions of this subparagraph) a resolution is passed by the As
sembly approving its continuance in force for a further period, not
exceeding six months, beginning on the date on which it would otherwise
expire, the proclamation shall, if not sooner revoked, continue in force
for that further period. |
|
(4) |
A resolution such as is referred to in
paragraph (1) (c) shall, unless it is sooner revoked by a resolution of
the Assembly, ceased to be in force at the expiration of two years
beginning on th e date on which it was passed or such shorter period as
may be specified therein, but with out prejudice to the passing of another
resolution by the Assembly in the manner prescribed by that paragraph at
or before the end of that period. |
| 151. |
(1) |
Where any person is lawfully detained
by virtue of such a provision as is referred to in article 150 (2), or the
movement or residence within Guyana of any person or any person's right to
leave Guyana is (otherwise than by order of a court) lawfully restricted
by virtue of such a provision as aforesaid, his case shall be reviewed by
a tribunal established for the purposes of this article not later than
three months from the commencement of the detention or restriction and
thereafter not later that six months from the date on which his case was
last reviewed as aforesaid. |
|
(2) |
On any review by a tribunal in
pursuance of the preceding paragraph of the case of any person the
tribunal may make recommendations concerning the necessity or expedience
of continuing the dete ntion or restriction to the authority by whom it
was ordered but, unless it is otherwise provided by laws, that authority
shall not be obliged to act in accordance with any such
recommendation. |
|
(3) |
A tribunal established for the purpose
of this article shall be so established by law and constituted in such
manner as to secure appointed by the Chancellor from among persons
entitled to practise in Guyana as attorney-at-law. |
| 152. |
(1) |
Except in proceedings commenced before
the expiration of a period of six months from the commencement of this
Constitution, with respect to a law made under the Guyana Independence
Order 166 and the Constitution annexed thereto, nothing contained in or
done under the authority of any written law shall be held to be
inconsistent with or in contravention of any provision of articles 138 to
149 (inclusive) to the extent that the law in question |
|
|
(a) |
is a law (in this article referred to
as "an existing law") that had effect as part of the law of Guyana
immediately before the commencement of this Constitution, and has
continued to have effect as part of the law of Guyana at all times since
that day; |
|
|
(b) |
repeals and re-enacts an existing law
without alteration; or |
|
|
(c) |
alters an existing law and does not
thereby render that law inconsistent with any provision of the said
articles 138 to 149 in a manner in which, or to an extent to which, it was
not p reviously so inconsistent. |
|
(2) |
In subparagraph (c) of the preceding
paragraph the reference to altering an existing law includes references to
repealing it and re-enacting it with modifications of making different
provisions in lieu thereof, and to modifying it; and in the preceding
paragraph "written law" includes any instrument having the force of law
and in this and the preceding paragraph references to the repeal and
re-enactment of an existing law shall be construed acc ordingly. |
|
(3) |
In relation to any person who is a
member of a disciplined force raised under a law in force in Guyana,
nothing contained in or done under the authority of the disciplinary law
of that force shall be held to be inconsistent with or in contravention of
any of the provisions of this Title, other than articles 138, 140,
141. |
|
(4) |
In relation to any person who is a
member of a disciplined force raised otherwise than as aforesaid and
lawfully present in Guyana, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this
Title. |
| 153. |
(1) |
Subject to the provisions of paragraph
(6), if any person alleges that any of the provisions of articles 138 to
151 (inclusive) has been, is being or is likely to be contravened in
relation to him (or, in the case of a person who is detained, or any other
person alleges such a contravention in relation to the detained person),
then, without prejudice to any other action with respect to the same
matter which is lawfully available, that person (or that other person) may
apply to the High Court for redress. |
|
(2) |
The High Court shall have original
jurisdiction |
|
|
(a) |
to hear and determine any application
made by any person in pursuance of the preceding paragraph; |
|
|
(b) |
to determine any question arising in
the case of any person which is referred to it in pursuance of the next
following paragraph, and may make such orders, issue such writs and give
such directions as it may consider appropriate for the purpose of
enforcing or securing the enforcement of any of the provisions of articles
138 to 151 (inclusive):
Provided that the High Court shall not
exercise its powers under this paragraph if it is satisfied that
adequate means of redress are or have been available to the person
concerned under any other law. |
|
(3) |
If in any proceedings in any court
subordinate to the High Court any question arises as to the contravention
of any of the provisions of articles 138 to 151 (inclusive), the person
presiding in that court shall refer the question to the High Court unless,
in his opinion the raising of the question is merely frivolous or
vexatious. |
|
(4) |
Where any question is referred to the
High Court in pursuance of paragraph (3), the High Court shall give its
decision upon the question and the court in which the question arose shall
dispose of the case in accordance with that decision or, if that decision
is the subject of an appeal under this Constitution to the Court of
Appeal, in accordance with the decision of the Court of Appeal. |
|
(5) |
Parliament may confer upon the High
Court such powers in addition to those conferred by this article as may
appear to Parliament to be necessary or desirable for the purpose of
enabling the High Court more effectively to exercise the jurisdiction
conferred upon it by this article. |
|
(6) |
Parliament may make provision with
respect to the practice and procedure |
|
|
(a) |
of the High Court in relation to the
jurisdiction and powers conferred upon it by or under this article; |
|
|
(b) |
of the High Court and the Court of
Appeal in relation to appeals to the Court of Appeal from decisions of the
High Court in the exercise of such jurisdiction; |
|
|
(c) |
of subordinate courts in relation to
references to the High Court under paragraph (3), |
|
|
including with respect to the time
within which any application, reference or appeal shall or may be made or
brought; and, subject to any provision so made, provision may be made with
respect to the matters aforesaid by rules of the court. |
| 154. |
|
In this Title, unless the context
otherwise requires |
|
|
|
"contravention", in relation to any
requirement, includes a failure to comply with that requirement, and
cognate expressions shall be construed accordingly; |
|
|
|
"court" means any court of law having
jurisdiction in Guyana other than a court established by a disciplinary
law and, in articles 138 and 140, a court established by a disciplinary
law; |
|
|
|
"disciplinary law" means a law
regulating the discipline of any disciplined force; |
|
|
|
"disciplinary force" means |
|
|
|
(a) |
any group of persons functioning
whether wholly or partially as a naval, military, para-military or air
force; |
|
|
|
(b) |
a police force; |
|
|
|
(c) |
a prison service; or |
|
|
|
(d) |
a fire service; |
|
|
|
"legal representative", in relation to
any court or other tribunal, means a person entitled to practise as an
attorney-at-law before such court or tribunal; |
|
|
|
"member", in relation to a disciplined
force, includes any person who, under the law regulating the discipline of
that force, is subject to that discipline; and |
|
|
|
"national service" means service in any
disciplined force a principal purpose of which is the training of people
with a view to advancing the economic development of
Guyana. |
TITLE 2
| 155. |
(1) |
No person shall be qualified for
election as a member of the National Assembly who |
|
|
(a) |
is, by virtue of his own act, under any
acknowledgment of allegiance, obedience or adherence to a foreign power or
state; |
|
|
(b) |
is a person certified to be insane or
otherwise adjudged to be of unsound mind under any law in force in
Guyana; |
|
|
(c) |
is under sentence of death imposed on
him by a court, or is serving a sentence of imprisonment (by whatever name
called) exceeding six months imposed on him by a court or substituted by
competent authority for some other sentence imposed on him by a court, or
is under such a sentence of imprisonment the execution of which has been
suspended; or |
|
|
Amended by Act No. 17 of 1984 by insertion in
paragraph (d) of the words "the Public Service Appellate
Tribunal": |
|
|
(d) |
holds or is acting in the office of any
Judge of the Supreme Court of Judicature, a member of the Public Service
Appellate Tribunal, the Elections Commission, the Judicial Service
Commission, the Public Service Commission, the Teaching Service Commission
or the Police Service Commission, the Director of Public Prosecutions, the
Ombudsman or the Auditor General. |
|
(2) |
No person shall be qualified to be
nominated for election as a member of the National Assembly under the
provisions of paragraph (3) or (4) of article 60 if at the date of his
nomination for such election he is a member of the Assembly under the
provisions of article 60 (2) or article 160 (2). |
|
(3) |
No person shall be qualified to be
nominated for election as a member of the National Assembly under the
provisions of article 60 (2) or article 160 (2) if at the date of his
nomination for such election he is a member of the Assembly under the
provisions of paragraph (3) or (4) or article 60. |
|
(4) |
No person shall be qualified to be
nominated for election as a member of the National Assembly under the
provisions of article 60 (4) if at the date of his nomination for such
election he is a member of the Assembly under the provisions of article 60
(3). |
|
(5) |
No person shall be qualified to be
nominated for election as a member of the National Assembly under the
provisions of article 60 (3) if at the date of his nomination for such
election he is a member of the Assembly under the provisions of article 60
(4). |
|
(6) |
Without prejudice to the provisions of
paragraphs (1), (2), (3), (4), and (5), Parliament may provide that a
person shall not be qualified for election as a member of the National
Assembly in any of the following cases, that is to say |
|
|
(a) |
if he holds or is acting in any office
that is specified by Parliament and the functions of which involve
responsibility for, or in connection with, the conduct of an election or
the compilation or revision of any register of electors for the purposes
of an election; |
|
|
(b) |
subject to any exceptions and
limitations prescribed by Parliament, if he has any such interest in any
such Government contract, as may be so prescribed; |
|
|
(c) |
subject as aforesaid, if |
|
|
|
(i) |
he holds or is acting in or performing the
functions of any office or appointment prescribed by Parliament either
individually or by reference to a class of office or appointment; |
|
|
|
(ii) |
he belongs to any armed force of Guyana or to any
class of persons that is comprised in any such force; or |
|
|
|
(iii) |
he belongs to any police force of Guyana or to
any class of persons that is comprised in any such force; |
|
|
(d) |
if, during such period (not exceeding
five years) preceding the election day as may be prescribed by Parliament,
he |
|
|
|
(i) |
has been convicted by a court of an offence
relating to excitement of hostility of ill-will against any person or
class of persons on the grounds of his or their race; or |
|
|
|
(ii) |
has been convicted by a court of any offence
connected with an election that is so prescribed or has been reported
guilty of such an offence by the High Court in proceedings under article
163:
Provided that Parliament may empower
the court to exempt a person from disqualification for election on
account of such a conviction or report if the court deems it just so to
do. |
|
(7) |
For the purposes of paragraph (1) (c)
|
|
|
(a) |
two or more sentences of imprisonment
that are required to be served consecutively shall be regarded as separate
sentences if none of those sentences exceeds six months, but if any one of
those sentences exceeds that term they shall be regarded as one sentence;
and |
|
|
(b) |
no account shall be taken of a sentence
of imprisonment imposed as an alternative to or in default of the payment
of a fine. |
|
(8) |
In paragraph (6) (b) "Government
contract" means any contract made with the Government of Guyana or with a
department of that Government or with an officer of that Government
contracting as suc h. |
| 156. |
(1) |
A member of the National Assembly shall
vacate his seat therein |
|
|
(a) |
if he resigns it by writing under his
hand addressed to the Speaker or, if the office of Speaker is vacant or
the Speaker is absent from Guyana, to the Deputy Speaker:
Provided that, if the President
certifies that the member had resigned for the purpose of giving further
service to the public, member, if other-wise qualified, shall be
eligible to be re-elected to the Assembly in accordance with any provisi
on made under article 63; |
|
|
(b) |
if he is absent from the sittings of
the Assembly for such period, and in such circumstances, as may be
prescribed in the rules of procedure of the Assembly; |
|
|
(c) |
if he ceases to be a citizen of
Guyana; |
|
|
(d) |
subject to the next following
paragraph, if any circumstances arise that, if he were not a member of the
Assembly, would cause him to be disqualified for election as a member
thereof by virtue of the preceding article or of any law enacted in
pursuance thereof; |
|
|
(e) |
in the circumstances and to the extent
set out in article 178 (4); |
|
|
(f) |
in the case of a member who has been
elected pursuant to the provisions of article 61 or article 160 (2),
whenever Parliament is dissolved; |
|
|
(g) |
in the case of a member who has been
elected pursuant to the provisions of paragraph (3) or (4) of article 60,
but subject to the provisions of subparagraph (h), whenever the body by
which he was elected is dissolved; or |
|
|
(h) |
in the case of a member such as is
referred to in subparagraph (g) but who holds office as Speaker, Deputy
Speaker, Minister, Minority Leader or Parliament Secretary, where the body
by which he was elected as such member is dissolved at a time when
Parliament is not dissolved, immediately before the holding of any
election under the provisions of paragraph (3) or (4) of article 60 in
consequence of the dissolution of that body or upon the occurrence of a
dissolution of Parliament, whichever shall occur first. |
|
(2) |
(a) |
If circumstances such as are referred
to in subparagraph (d) of the preceding paragraph arise in relation to a
member of the Assembly by virtue of the fact that is adjudged to be of
unsound mind, sentenced to death or imprisonment, or convicted or reported
guilty of an offence and if it is open to the member to appeal against the
decision (either with the leave of a court or other without such leave),
he shall not vacate his seat until the expiration of a period of thirty
days thereafter:
Provided that the Speaker may, at the
request of the member, from time to time extend that period for further
periods of thirty days to enable the member to pursue an appeal against
the decision, so, however, that extensions of time exceeding in the
aggregate one hundred and fifty days shall not be given without the
approval of the Assembly signified by resolution. |
|
|
(b) |
If, on the determination of any appeal,
such circumstances continue to exist and no further appeal is open to the
member of the Assembly, or if, by reason of the expiration of any peri od
for entering an appeal or notice thereof or the refusal of leave or for
any other reason, it ceases to be open to the member to appeal, he shall
forthwith vacate his seat. |
|
|
(c) |
If at any time before the member of the
Assembly vacates his seat such that circumstances as aforesaid cease to
exist, his seat shall not become vacant by reason of those circumstances ,
and he may resume the performance of his functions as a member of the
Assembly. |
| 157. |
|
A person shall vacate the office of
Speaker or Deputy Speaker whenever the Assembly first meets after a
dissolution of Parliament and also |
|
|
| (a) |
in the case of a Speaker elected from
among the members of the Assembly or in the case of the Deputy Speaker
|
|
|
|
(i) |
if he ceases to be a member of the Assembly for
any cause other that a dissolution or Parliament or of a regional
democratic council or of the National Congress of Local Democratic Orga ns
or the operation of article 156 (1) (h):
Provided that where a person, who holds
the office of Speaker, ceases to be a member of the National Assembly by
virtue of the holding of an election referred to in article 156 (1) (f),
he shall not by reason thereof vacate the office of Spea ker if at such
election he is re-elected as a member of the Assembly; |
|
|
|
(ii) |
if, by virtue of paragraph (2) (a) of the
preceding article he is required to cease to perform his functions as a
member of the Assembly; or |
|
|
|
(iii) |
if he is appointed to be a Minister or a
Parliamentary Secretary; |
|
|
(b) |
in the case of a Speaker elected from
among persons who are not members of the Assembly if he ceases to be a
citizen of Guyana or if any circumstances arise that would cause him to be
disqualified for election as a member of the Assembly by virtue of article
155 or of any law enacted in pursuance thereof; |
|
|
(c) |
if he announces the resignation of his
office to the Assembly or if by writing under his hand addressed, in the
case of the Speaker, to the Clerk of the Assembly or in the case of the
Deputy Speaker, to the Speaker (or, if the office of Speaker is vacant or
the Speaker is absent from Guyana, to the Clerk) he resigns that office;
or |
|
(d) |
in the case of the Deputy Speaker, if
he is elected to be Speaker. |
| 158. |
(1) |
Subject to the provisions of the next
followings paragraph, the Clerk of the National Assembly shall vacate his
office when he attains the age of sixty-five years or such later age as
may, in any particular case, be prescribed by the Commission appointed
under paragraph (4). |
|
(2) |
The Clerk shall be removed from office
by the President if, but shall not be so removed unless, the National
Assembly, by a resolution which has received the affirmative votes of a
majority of all the elected members thereof, has resolved that he ought to
be so removed for inability to discharge the functions of his office
(whether arising from infirmity of body or mind or any other cause) or for
misbehavior. |
|
(3) |
The provisions of paragraphs (1) and
(2) shall apply to the Deputy Clerk as they apply to the Clerk. |
|
(4) |
Subject to the provisions of article
222 the terms of service (including salary and allowances) of the Clerk
and Deputy Clerk shall be determined from time to time by a Commission
consisting o f the Speaker, as Chairman, the Minister responsible for
finance or a person nominated by that Minister to represent him at any
meeting of the Commission and one other Minister designated from time to
time by the Prime Minister. |
|
(5) |
A person who is a public officer may,
without ceasing to hold office in the public service, be appointed in
accordance with the provisions of this article to the office of Clerk or
Deputy Clerk , but |
|
|
(a) |
no such appointment shall be made
without the concurrence of the appropriate service authority; |
|
|
(b) |
the provisions of paragraphs (1), (2)
and (3) shall, in relation to an officer so appointed, apply, subject to
the provisions of subparagraph (d) as respects his service as Clerk or De
puty Clerk but not as respects his service as a public officer; |
|
|
(c) |
an officer so appointed shall not,
during his continuance in the office of Clerk or Deputy Clerk, perform the
functions of any public office; and |
|
|
(d) |
an officer so appointed may at any time
be appointed by the appropriate service authority to assume or resume the
functions of a public office and he shall thereupon vacate his office as
Clerk or Deputy Clerk, but no appointment under this subparagraph shall be
made without the concurrence of the Speaker. |
|
(6) |
In the preceding paragraph "the
appropriate service authority" means the authority in which, under the
provisions of this Constitution, is vested the power to make appointments
to the public o ffice held by the person to be appointed as Clerk or
Deputy Clerk is to be appointed to assume or resume, as the case may
be. |
|
(7) |
The functions conferred by this article
on the Speaker shall, if there is no person holding the office of Speaker
of it the Speaker is absent from Guyana or is otherwise unable to perform
those functions, be performed by the Deputy Speaker. |
| 159. |
(1) |
No person shall vote at an election
unless he is registered as an elector. |
|
(2) |
Subject to the provisions of paragraphs
(3) and (4), a person shall be qualified to be registered as an elector
for elections if, and shall not be so qualified unless, on the qualifying
date, h e is of the age of eighteen years or upwards and either |
|
|
(a) |
is a citizen of Guyana; or |
|
|
(b) |
is a Commonwealth citizen who is not a
citizen of Guyana and who is domiciled and resident in Guyana and has been
so resident for a period of one year immediately preceding the qualify ing
date. |
|
(3) |
No person shall be qualified to be so
registered who on the qualifying date is a person certified to be insane
or otherwise adjudged to be of unsound mind under any law in force in
Guyana. |
|
(4) |
No person shall be qualified to be so
registered if during such period (not exceeding five years) preceding the
qualifying date as may be prescribed by Parliament, he has been convicted
by a co urt of any offence connected with elections that is so prescribed
or has been reported guilty of such an offence by the High Court in
proceedings under article 163:
Providing that Parliament may empower
the court to exempt a person from disqualification for registration on
account of such a conviction or report if the court deems it just so to
do. |
|
(5) |
In this article "the qualifying date"
means such date as may be appointed by or under an Act of Parliament as
the date with reference to which a register of electors shall be compiled
or revise d. |
| 160. |
(1) |
Subject to the provisions of the next
following paragraph the system of proportional representation referred to
in article 60 (2) for the election of fifty-three members of the National
Assembly shall be as follows |
|
|
(a) |
votes shall be cast throughout Guyana
in favour of lists of candidates; |
|
|
(b) |
each elector shall have one vote and
may cast it in favour of any of the lists; and |
|
|
(c) |
the seats of the said fifty-three
elected members in the Assembly shall be allocated between the lists in
such a manner that the proportion that the number of such seats allocated
to e ach list bears to the number of votes cast in favour of the list is
as nearly as may be the same for each list. |
|
(2) |
Parliament may make provision for the
division of Guyana into such number of electoral areas, not being more
than half the number of the said fifty-three elected members of the
Assembly, as Par liament may prescribe and for the election in each such
area of one member of the Assembly, each elector having for this purpose
one vote in addition to the vote which he may case in favour of a list of
candidates; but if Parliament makes provision as afo resaid, then |
|
|
(a) |
a person may stand as a candidate for
election in any such electoral area only if, in such manner as Parliament
may prescribe, he has declared that he supports, or has otherwise identi
fied himself with, one of the lists; and |
|
|
(b) |
those of the said fifty-three seats in
the Assembly for which members are not elected in electoral areas as
aforesaid shall be allocated between the lists in accordance with the
result s of the voting throughout Guyana in favour of lists in such a
manner that the proportion that the number of seats allocated to each
list, when added to the number of members identified with that list
elected in electoral areas, bears to the number of vot es cast in favour
of that list is as nearly as may be the same for each list. |
|
(3) |
Subject to the provision of this
Constitution, Parliament may make provision |
|
|
(a) |
for the registration of electors; |
|
|
(b) |
for the manner in which lists of
candidates shall be prepared, including the provision in a list of the
names of a sufficient number of candidates to enable any vacancies to be
filled under subparagraph (g); |
|
|
(c) |
for the manner in which the number of
seats to be allocated to each list shall be calculated in order to give
effect to the provisions of paragraph (1) or paragraph (2), as the case m
ay be; |
|
|
(d) |
for the combination of lists of
candidates for the purpose of the allocation of seats (but not for the
purpose of voting); |
|
|
(e) |
for the extraction from the lists and
declaration of names of the candidates who have been elected; |
|
|
(f) |
for the manner in which elections of
members of the National Assembly shall be held pursuant to the provisions
of paragraphs (1) and (2) of this article or paragraphs (3) and (4) of ar
ticle 60; |
|
|
(g) |
for the filling of vacancies among the
seats of members of the National Assembly where such vacancies are caused
otherwise that by a dissolution of Parliament, or of a regional democra
tic council or of the National Congress of Local Democratic Organs;
and |
|
|
(h) |
generally for the conduct of elections
of members of the national Assembly and for giving effect to the
provisions of this Constitution relating thereto. |
|
|
The following
article, 161, has been temporarily suspended by the effect of the
Constitution (Amendment) Act, No. 15 of 1995. See
Appendix. |
| 161. |
(1) |
There shall be an Elections Commission
for Guyana consisting of a Chairman and such other members as may be
appointed in accordance with the provisions of this article. |
|
(2) |
Subject to the provisions of paragraph
(6), the Chairman of the Elections Commission shall be appointed by the
President from among persons who hold or have held office as a judge of a
court ha ving unlimited jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having jurisdiction in appeals from
any such court or who are qualified to be appointed as any such
judge. |
|
(3) |
In addition to the Chairman, there
shall be one member of the Commission (hereinafter referred to as a
"representative member") in respect of every list of candidates which at
the election next preceding the appointment of such member obtained not
less that five seats in the Assembly:
Provided that no appointment shall be
made under this paragraph during the period of three months immediately
following the date of an election held pursuant to the provisions of
article 61. |
|
(4) |
For the purposes of the preceding
paragraph a list shall be regarded as having obtained a seat in the
Assembly if a seat has been located to that list or if a person identified
with that list has been elected in an electoral area established under
article 160 (2). |
|
(5) |
Subject to the provisions of paragraph
(6), a representative member of the Commission shall be appointed by the
President, acting, in the case of a member to be appointed in respect of
the list in which the mane of the President was included as a Presidential
candidate, in his own deliberate judgment, and in the case of any other
member, in accordance with the advice of the person who, under such
provisions may be made under article 63, has po wer to identify persons to
fill casual vacancies among the seats of members of the national Assembly
from the list in respect of which the member is appointed or, if a
majority of the members of the Assembly who belong to that list notify the
President th at he should act in accordance with the advice of some other
member of the assembly who belongs to that list, in accordance with the
advice of that member:
Provided that if occasion arises for
making an appointment while Parliament stands dissolved this paragraph
shall have effect as if Parliament had not been
dissolved. |
|
(6) |
A person shall be disqualified for
appointment as a member of the Commission if he is a public officer of an
alien. |
|
(7) |
A member of the Elections Commission
shall vacate his office |
|
|
(a) |
at the expiration of three months from
the date of the election held pursuant to the provisions of article 61 and
next following his appointment; or |
|
|
(b) |
if any circumstances arise that, if he
were not a member of the Commission, would cause him to be disqualified
for appointment as such. |
|
(8) |
The provisions of article 225 (which
relate to removal from office) shall apply to the office of member of the
Elections Commission, and, for the purposes of paragraphs (4) and (6) of
that article, the prescribed authority shall be the Prime Minister:
Provided that, before tendering any
advice to the President under paragraph (4) of the said article in
relation to the representative member appointed in respect of a list
other than that to which the Prime Minister belongs, the Prime Minister
shall consult the person on whose advice, if the office of that member
were vacant, the President would act under paragraph (5) in appointing a
person to fill the vacancy. |
|
(9) |
If, by reason of his illness, absence
from Guyana or suspension under the said article 225, any member of the
Elections Commission is unable to perform his functions as such, a
temporary member may be appointed in his place. |
|
(10) |
The provisions of this article shall
apply in relation to the appointment of a temporary member of the
Commission and to a temporary member appointed in accordance with this
article as they apply in relation to the member of the Commission in whose
place he is appointed:
Provided that his appointment shall
have effect only for the period ending when the person in whose place he
has been appointed resumes his functions as, or ceases to be a member of
the Commission. |
|
(11) |
For the purposes of paragraphs (5) and
(8) a person shall be regarded as belonging to a list if his name appears
on that list or if he was identified with that list and elected in an
electoral area established under article 160 (2). |
| 162. |
(1) |
The Elections Commission shall have
such functions connected with or relating to the registration of electors
or the conduct of elections as are conferred upon it by or unde r this
Constitution or, subject thereto, any Act of Parliament; and, subject to
the provisions of this Constitution, the Commission |
|
|
(a) |
shall exercise general direction and
supervision over the registration of electors and the administrative
conduct of all elections of members of the National Assembly; and |
|
|
(b) |
shall issue such instructions and take
such action as appear to it necessary or expedient to ensure impartiality,
fairness and compliance with the provisions of this Constitution or of any
Act of Parliament on the part of persons exercising powers or performing
duties connected with or relating to the matters aforesaid. |
|
(2) |
Notwithstanding anything to the
contrary in this Constitution, if the Elections Commission is satisfied
that the holding of an election pursuant to the provisions of paragraph
(2) or (3) or (4) of article 60 or article 160 (2) on the day appointed
therefor would be attended, either generally or in a particular area, by
danger or serious hardship, it may, after consultation with the Prime
Minister and the Minority Leader, by notice published in the Gazette
|
|
|
(a) |
postpone the holding of the election to
a day specified in the notice; or |
|
|
(b) |
postpone the voting in any area
specified in the notice to a day so specified. |
| 163. |
(1) |
Subject to the provisions of this
article, the High Court shall have exclusive jurisdiction to determine any
question |
|
|
(a) |
regarding the qualification of any
person to be elected as a member of the National Assembly; |
|
|
(b) |
whether |
|
|
|
(i) |
either generally or in any particular place, an
election has been lawfully conducted or the result thereof has been, or
may have been, affected by any unlawful act or omission; |
|
|
|
(ii) |
the seats in the Assembly have been lawfully
allocated; |
|
|
|
(iii) |
a seat in the Assembly has become vacant;
or |
|
|
|
(iv) |
any member of the Assembly is required under the
provisions of article 156 (2) to cease to exercise any of his functions as
a member thereof; |
|
|
(c) |
regarding the filling of a vacant seat
in the Assembly; or |
|
|
(d) |
whether any person has been validly
elected as Speaker of the Assembly from among persons who are not members
thereof or, having been so elected, has vacated the office of
Speaker. |
|
(2) |
Proceedings for the determination of
any question referred to in the preceding paragraph may be instituted by
any person (including the Attorney General) and, where such proceedings
are instituted by a person other than the Attorney General, the Attorney
General if he is not a party thereto may intervene and (if he intervenes)
may appear or be represented therein. |
|
(3) |
An appeal shall lie to the Court of
Appeal |
|
|
(a) |
from the decision of a Judge of the
High Court granting or refusing leave to institute proceedings for the
determination of any question referred to in paragraph (1); |
|
|
(b) |
from the determination by the High
Court or any such question, or against any order of the High Court made in
consequence of such determination. |
|
(4) |
Parliament may make provision with
respect to |
|
|
(a) |
the circumstances and manner in which
and the conditions upon which proceedings for the determination of any
question under this article may be instituted in the High Court and an
appeal may be brought to the Court of Appeal in respect thereof; |
|
|
(b) |
the consequences of the determination
of any question under this article and the powers of the High Court in
relation to the determination of any such question, including (without
prejudice to the generality of the foregoing power) provision empowering
the High Court to order the holding of a fresh election throughout Guyana
or a fresh ballot in any part thereof or the re-allocation of seats in
whole or in part; and |
|
|
(c) |
the practice and procedure of the High
Court in relation to the jurisdiction and powers conferred upon it by or
under this article and of that Court and the Court of Appeal in relation
to appeals to the Court of Appeal under this article, and, subject to any
provision so made, provision may be made with respect to the matters
aforesaid by rules of court. |
|
(5) |
In this article reference to any person
being elected shall be read and construed as a reference to any person
being elected under paragraph (2) or (3) or (4) of article 60 or under
article 160 (2), as the case may be. |
| 164. |
(1) |
Subject to the provisions of paragraphs
(2) and (3), a Bill for an Act or Parliament to alter this Constitution
shall not be passed by the National Assembly unless it is supported at the
final voting in the Assembly by the votes of a majority of all the elected
members of the Assembly. |
|
(2) |
A Bill to alter any of the following
provisions of this Constitution, that is to say |
|
|
(a) |
this article, articles 1, 2, 8, 9, 18,
51, 66, 89, 99; and |
|
|
(b) |
articles 3, 4, 5, 6, and 7, 10 to 17
(inclusive), 19 to 49 (inclusive), 52 to 57 (inclusive), 59, 60, 62, 63,
64, 65, 67, 68, 69, 70, 72 (in so far as it relates to the number of
regions), 90 to 96 (inclusive), 98, 108, 110, 116, 120 to 163 (inclusive,
but excepting article 132), 168 to 215 (inclusive, but excepting articles
173, 185, 186, 192 (2) and (3) and 193), 222, 223, 225, 226, 231 and 232
(excepting the definition of "financial year") shall not be submitted to
the President for his assent unless the Bill, not less than ten and not
more than six months after its passage through the National Assembly, has,
in such manner as Parliament may prescribe, been submitted to vote of the
electors qualified to vote in an election and has been approved by a
majority of the electors who vote on the Bill:
Provided that if the Bill does not
alter any of the provisions mentioned in subparagraph (a) and is
supported at the final voting in the Assembly by the votes of not less
than two-thirds of all the elected members of the Assembly it shall not
be necessary to submit the Bill to the vote of the
electors. |
|
(3) |
In this article |
|
|
(a) |
references to this Constitution or to
any particular provision thereof include references to any other law in so
far as that law alters the Constitution or, as the case may be, that pr
ovision; and |
|
|
(b) |
references to altering this
Constitution or any particular provision thereof include references to
repealing it, with or without re-enactment thereof or the making of
different provisi on in lieu thereof, to modifying it and to suspending
its operation for any period. |
| 165. |
(1) |
Subject to the provisions of this
Constitution, the National Assembly may regulate its own procedure and may
make rules for that purpose. |
|
(2) |
The Assembly may act notwithstanding
any vacancy in its membership (including any vacancy not filled when the
Assembly first meets after the commencement of this Constitution or after
any disso lution of Parliament) and the presence or participation in the
proceedings of the Assembly shall not invalidate those proceedings. |
| 166. |
(1) |
The Speaker, or, in his absence, the
Deputy Speaker or if they are not absent, a member of the National
Assembly (not being a Minister or a Parliamentary Secretary) elected by
the Assembly for the sitting shall preside at any sitting of the
Assembly. |
|
(2) |
References in this article to
circumstances in which the Speaker or Deputy Speaker is absent include
references to circumstances in which the office of Speaker or Deputy
Speaker is vacant. |
| 167. |
|
No member of the National Assembly
shall take part in the proceedings of the Assembly (other than proceedings
necessary for the purpose of this article) until he has made and
subscribed before the Assembly the oath of office:
Provided that the election of a Speaker
and Deputy Speaker of the Assembly may take place before the members
thereof have made and subscribed such oath. |
| 168. |
(1) |
Save as otherwise provided by this
Constitution, all questions proposed for decision in the National Assembly
shall be determined by a majority of the votes of the members present and
voting. |
|
(2) |
Except as provided by the next
following paragraph, the Speaker or other member presiding in the Assembly
shall not vote unless on any question the votes are equally divided, in
which case he shall have and exercise a casting vote. |
|
(3) |
A Speaker elected from among persons
who are not members of the Assembly shall have neither an original nor a
casting vote and if, upon any question before the Assembly when such a
Speaker is presiding, the votes of the members are equally divided, the
motion shall be lost. |
| 169. |
|
If objection is taken by any member of
the National Assembly present that there are present in the Assembly
(besides the person presiding) less than one-third of all the elected
members of the Assembly, and, after such interval as may be prescribed in
the rules of procedure of the Assembly, the person presiding ascertains
that there are still present less than one-third of all the elected
members, he shall thereupon adjourn the Assembly. |
| 170. |
(1) |
Subject to the provisions of article
164, the power of Parliament to make laws shall be exercised by Bills
passed by the National Assembly and assented to by the President. |
|
(2) |
When a Bill is presented to the
President for assent, he shall signify that he assents or that he
withholds assent. |
|
(3) |
Where the President withholds his
assent to a Bill, he shall return it to the Speaker within twenty-one days
of the date when it was presented to him for assent with a message stating
the reasons why he has withheld his assent. |
|
(4) |
Where a Bill is so returned to the
Speaker it shall not again be presented to the President for assent unless
within six months of the Bill being so returned upon a motion supported by
the votes of not less that two-thirds of all the elected members of the
National Assembly the Assembly resolves that the Bill be again presented
for assent. |
|
(5) |
Where the National Assembly so resolves
that a Bill be again presented for assent, the Bill shall be so presented
and the resident shall assent to it within twenty-one days of its
presentation, unless he sooner dissolves Parliament. |
|
(6) |
A Bill shall not become law unless it
has been duly passed and assented to in accordance with this
Constitution. |
| 171. |
(1) |
Subject to the provisions of this
Constitution and of the rules of procedure of the National Assembly, any
member of the Assembly may introduce any Bill or propose by motion for
debate in, or may present any petition to, the Assembly, and the same
shall be debated and disposed of according to the rules of procedure of
the Assembly. |
|
(2) |
Except on the recommendation or with
the consent of the Cabinet signified by a Minister, the Assembly shall not
|
|
|
(a) |
proceed upon any Bill (including any
amendment to a Bill) which, in the opinion of the person presiding, makes
provision for any of the following purposes |
|
|
|
(i) |
for imposing or increasing any tax; |
|
|
|
(ii) |
for imposing any charge upon the Consolidated
Fund or any other public find of Guyana or for altering any such charge
otherwise than by reducing it; |
|
|
|
(iii) |
for the payment, issue or withdrawal from the
Consolidated Fund or any other public fund of Guyana or any moneys not
charged thereon or any increase in the amount of such a payment, issue or
withdrawal; or |
|
|
|
(iv) |
for compounding or remitting any debt due to
Guyana; or |
|
|
(b) |
proceed upon any motion (including any
amendment to a motion) the effect of which, in the opinion of the person
presiding, would be to make provision for any of the purposes
aforesaid. |
| 172. |
(1) |
Subject to the provisions of paragraphs
(2), (3) and (4), Parliament may by law determine the privileges,
immunities and powers of the National Assembly and the members
thereof. |
|
(2) |
No civil or criminal proceedings may be
instituted against any member of the Assembly for words spoken before, or
written in a report to, the Assembly or to a committee thereof or by
reason of any matter or thing brought by him therein by petition, bill,
resolution, motion or otherwise. |
|
(3) |
For the duration of any session,
members of the Assembly shall enjoy freedom from arrest for any civil
debt. |
|
(4) |
No process issued by any court in the
exercise of its civil jurisdiction shall be served or executed within the
precincts of the Assembly while the Assembly is sitting or through the
Speaker, the Clerk or any officer of the
Assembly. |
TITLE 3
| 177. |
(1) |
Any list of candidates for an election
held pursuant to the provisions of article 60 (2) shall designate not more
than one of those candidates as a Presidential candidate. An elector
voting as such an election in favour of a list shall be deemed to be also
voting in favour of the Presidential candidate named in the list. |
|
(2) |
A Presidential candidate shall be
deemed to have been elected as President and shall be so declared by the
Chairman of the Elections Commission |
|
|
(a) |
if he is the only Presidential candidate at the
election; or |
|
|
(b) |
where there are two or more Presidential
candidates, if more votes are cast in favour of the list in which he is
designated as Presidential candidate than in favour of any other
list. |
|
(3) |
Where no person is elected as President
under paragraph (2) and where the votes cast in favour of each list are
equal in number, or where the votes cast in favour of each of two or more
lists are equal in number by greater that the number of votes cast in
favour of any other list, the Chairman of the Elections Commission, acting
in the presence of the Chancellor and of the public, shall by lot choose
one of the lists in respect of which the votes are equal in either of the
circumstances aforesaid and shall declare the Presidential candidate
designated in that list to be duly elected as President. |
|
(4) |
The Court of Appeal shall have
exclusive jurisdiction to hear and determine any question as to the
validity of an election of a President in so far as that question depends
upon the qualification of any person for election or the interpretation of
this Constitution; and decision of that Court under this paragraph shall
be final. |
|
(5) |
Subject to the provisions of this
Constitution, Parliament may make provision for giving effect to the
provisions of this Title and, without prejudice to the generality thereof,
may make provision |
|
|
(a) |
for the conduct of elections to the office of
President; and |
|
|
(b) |
with respect to the persons by whom, the manner
in which and the conditions upon which proceedings for the determination
of any question such as is mentioned in the preceding paragraph may be
instituted in the Court of Appeal and, subject to any provisions made
under subparagraph (b), provision may be made with respect to the matters
referred to therein by rules of court. |
|
(6) |
Subject to the provisions of paragraph
(4), an instrument which |
|
|
(a) |
is executed under the hand of the Chairman of the
Elections Commission and |
|
|
(b) |
states that a person named in the instrument was
declared elected as President at an election held pursuant to the
provisions of article 60 (2), shall be conclusive evidence that the person
so named was so elected and no question as to the validity of the election
as the President of the person so named shall be inquired into in any
court. |
| 178. |
(1) |
The office of President shall become
vacant if the person holding it |
|
|
(a) |
dies; or |
|
|
(b) |
resigns it by writing under his hand addressed to
the Speaker; or |
|
|
(c) |
ceases to hold it by virtue of the provisions of
article 92, 179
or 180. |
|
(2) |
A person assuming the office of
President in accordance with the provisions of this Constitution shall be
disqualified for any other office, employment or appointment to which this
paragraph applies and accordingly on entering upon the duties of the
office of President shall vacate any such other office, employment or
appointment held by him. |
|
(3) |
The preceding paragraph applies to the
offices of Speaker, member, Clerk or Deputy Clerk of the National
Assembly, member of the National Congress of Local Democratic Organs, any
Judge of the Supreme Court of Judicature, member of the Elections
Commission, the Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission or the Police Service
Commission, any public office, employment in any armed force of Guyana and
any paid appointment as a member or employee of a body corporate
established by law for public purposes. |
|
(4) |
During any period when a Minister is
performing the function of the office of President under article 96 or 179
or has assumed the office under the proviso to article 95 (1), his seat in
the National Assembly shall be regarded as vacant and may be temporarily
filled in accordance with any provision made under article 160 (3). At the
expiration of the period the person temporarily filling the seat shall
vacate it and the seat shall thereupon be resumed by the Minister:
Provided that the person so vacating
the seat shall be eligible for re-election under any provision made as
aforesaid. |
| 179. |
(1) |
If the members of the National Assembly
whose names appeared as candidates on the same list as that of the
President at the last election held pursuant to article 60 (2) resolve,
upon a motion supported by the votes of a majority of all of them, that
the question of the physical or mental capacity of the President to
discharge the functions of his office ought to be investigated and the
Prime Minister so informs the Chancellor, the Chancellor shall appoint a
board consisting of not less than three persons selected by him from among
persons who are qualified as medical practitioners under the law of
Guyana, and the board shall enquire into the matter and shall make a
report to the Chancellor stating the opinion of the board whether or not
the President is, by reason of any infirmity of body or mind, incapable of
discharging the functions of his office. |
|
(2) |
If the board reports that the President
is incapable of discharging the functions of the office of President, the
Chancellor shall certify in writing accordingly and thereupon the
President shall cease to hold office. |
|
(3) |
Where the Prime Minister informs the
Chancellor that a resolution has been passed pursuant to paragraph (1)
that the question of the physical or mental capacity of the President to
discharge the functions of his office should be investigated the President
shall, until another person assumes the office of President or the board
appointed in pursuance of paragraph (1) reports that the President is not
incapable of discharging the functions of his office (whichever is the
earlier), cease to perform the functions of his office and those functions
shall be performed by |
|
|
(a) |
the Prime Minister; or |
|
|
(b) |
during any period when there is no Prime Minister
or the Prime Minister is absent from Guyana or is unable, by reason of
physical or mental infirmity, to discharge the functions of his office, by
such member of the Cabinet, being an elected member of the National
assembly, as shall be elected by the members referred to in paragraph (1):
Provided that any person performing the
functions of the office of President under this paragraph shall not
dissolve Parliament or, save on the advice of the Cabinet, revoke any
appointment made by the President. |
|
(4) |
A motion for the purposes of paragraph
(1) may be proposed by any of the members referred to therein at any
meeting of such members convened by the Prime Minister. |
| 180. |
(1) |
If notice in writing is given to the
Speaker of the National Assembly, signed by not less than one-half of all
the elected members of the Assembly, of a motion alleging that the
President has committed any violation of the Constitution or any gross
misconduct and specifying the particulars of the allegations and proposing
that a tribunal be established under this article to investigate those
allegations, the Speaker shall |
|
|
(a) |
if Parliament is then sitting or has been
summoned to meet within five days, cause the motion to be considered by
the Assembly within seven days of the notice; or |
|
|
(b) |
if Parliament is not then sitting (and
notwithstanding that it may be prorogued) summon the Assembly to meet
within twenty-one days of the notice and cause the motion to be considered
at that meeting. |
|
(2) |
Where a motion under this article is
proposed for consideration by the National Assembly, the Assembly shall
not debate the motion but the person presiding in the Assembly shall
forthwith cause a vote to be taken on the motion and, if the motion is
supported by the votes of not less than two-thirds of all the elected
members of the Assembly, shall declare the motion to be passed. |
|
(3) |
If the motion is declared to be passed
under paragraph (2) |
|
|
(a) |
the Chancellor shall appoint a tribunal which
shall consist of a chairman and not less than two other members selected
by the Chancellor from among persons who hold or have held office as a
Judge of a court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having jurisdiction on
appeal from any such court; |
|
|
(b) |
the tribunal shall investigate the matter and
shall report to the National Assembly whether it finds the particulars of
the allegations specified in the motion to have been substantiated; |
|
|
|
(c) |
the President shall have the right to appear and
be represented before the tribunal during its investigation of the
allegations against him. |
|
(4) |
If the tribunal reports to the National
Assembly that the tribunal finds that the particulars of any allegation
against the President specified in the motion have not been substantiated
no further proceedings shall be taken under this article in respect of
that allegation. |
|
(5) |
If the tribunal reports to the National
Assembly that the tribunal finds that the particulars of any allegation
specified in the motion have been substantiated, the Assembly may, on a
motion supported by the votes of not less than three-quarters of all
elected members of the Assembly, resolve that the President has been
guilty of such violation of the Constitution or, as the case may be, such
gross misconduct as is if the Assembly so resolves, the President shall
cease to hold office upon the third day following the passage of the
resolution unless he sooner dissolves Parliament. |
| 181. |
(1) |
The President shall receive such salary
and allowances as may be prescribed under the provisions of article
222. |
|
(2) |
A person who has held the office of
President shall receive such pension or, upon the expiration of his term
of office, such gratuity as may be prescribed by Parliament. Any such
pension or gratuity shall be a charge on the Consolidated Fund. |
| 182. |
(1) |
Subject to the provisions of article
180, the holder of the office of President shall be personally answerable
to any court for the performance of the functions of his office or for any
act done in the performance of those functions and no proceedings, whether
criminal or civil, shall be instituted against him in his personal
capacity in respect thereof either during his term of office or
thereafter. |
|
(2) |
Whilst any person holds or performs the
functions of the office of President no criminal proceedings shall be
instituted or continued against him in respect of anything done or omitted
to be done by him in his private capacity and no civil proceedings shall
be instituted or continued in respect of which relief is claimed against
him for anything done or omitted to be done in his private capacity. |
|
(3) |
Where provision is made by law limiting
the time within which proceedings of any description may be brought
against any person, the period during which any person holds or performs
the functions of the office of President shall not be taken into account
in calculating any period of time prescribed by that law for bringing any
such proceedings as are mentioned in paragraph (2) against
him. |
TITLE 5
| 183. |
(1) |
The office of a Minister who was not an
elected member of the Assembly at the time of his appointment and has not
subsequently become such a member shall become vacant if the holder of the
office |
|
|
(a) |
ceases to be a citizen of Guyana; or |
|
|
(b) |
if he becomes disqualified for election as a
member of the Assembly by virtue of article 155 or of any law enacted in
pursuance thereof. |
|
(2) |
The office of any other Minister shall
become vacant if the holder of the office |
|
|
(a) |
ceases to be a member of the Assembly for any
cause other than a dissolution of Parliament or of a regional democratic
council or of the National Congress of Local Democratic Organs or the
operation of the provisions of article 156 (1) (h); |
|
|
(b) |
is not a member of the Assembly when the Assembly
first meets after a dissolution of Parliament or after the holding of an
election pursuant to the provisions of paragraph (3) or (4) of article 60;
or |
|
|
(c) |
is, by virtue of article 156 (2), required to
cease to perform his functions as a member of the Assembly. |
|
(3) |
The office of any Minister shall become
vacant |
|
|
(a) |
if he resigns if by writing under his hand
addressed to the President; |
|
|
(b) |
if the President so directs; or |
|
|
(c) |
on the election of any person to the office of
President pursuant to the provisions of article 177. |
| 184. |
(1) |
The President shall, if the person
concerned is willing to be appointed, appoint as Minority Leader the
elected member of the National Assembly who, in his judgment, is best able
to command the support of a majority of those elected members who do not
support the Government:
Provided that this paragraph shall have
elect in relation to any period between a dissolution of Parliament and
the day on which the next election of members of the Assembly is held
under the provisions of article 61, or between a dissolution of a
regional democratic council or of the National Congress of Local
Democratic Organs and the day on which the next election by that council
or by the Congress is held pursuant to the provisions of paragraph (3)
or (4) of article 60, as the case may be, as if Parliament of that
council or the Congress, as the case may be, had not been
dissolved. |
|
(2) |
The office of Minority Leader shall
become vacant if |
|
|
(a) |
the holder thereof ceases to be a member of the
Assembly for any cause other than a dissolution of Parliament or of a
regional democratic council or of the National Congress of Local
Democratic Organs of the operation of the provisions of article 156 (1)
(h); |
|
|
(b) |
he is not a member of the Assembly when the
Assembly first meets after a dissolution or Parliament of after the
holding of an election pursuant to the provisions of paragraph (3) or (4)
of article 60; |
|
|
(c) |
by virtue of article 156 (2) he is required to
cease to exercise his functions as a member of the Assembly; or |
|
|
(d) |
his appointment is revoked under the provisions
of the next following paragraph. |
|
(3) |
If, in the judgment of the President,
the Minority Leaders no longer the member of the Assembly best able to
command the support of a majority of those elected members of the Assembly
who do not support the Government, the President shall revoke the
appointment of the Minority Leader. |
|
(4) |
Whenever the office of Minority Leader
is vacant by reason of the fact that the person qualified for appointment
thereto is not willing to be appointed, any provision of this Constitution
that requires any person or authority to perform any function after
consultation with the Minority Leader shall, in so far as it contains that
requirement, be of no effect. |
| 185. |
(1) |
A person shall not be qualified to be
appointed as Attorney General unless he holds such qualifications as may
be prescribed by Parliament and is a citizen of Guyana. |
|
|
(2) |
If the Attorney General is an elected
member of the National Assembly at the time of his appointment or
subsequently becomes such a member, he shall be a Minister by virtue of
holding the office of Attorney General and the provisions of paragraphs
(2) and (3) of article 183 shall apply to the office of Attorney
General. |
|
(3) |
If the Attorney General is not an
elected member of the Assembly but is qualified to be elected as such a
member, he may be appointed by the President to be a Minister. |
|
(4) |
If an Attorney General appointed to be
a Minister under the preceding paragraph resigns his office as Attorney
General he shall also vacate his office as a Minister. |
|
(5) |
If the Attorney General is not a
Minister he shall vacate his office if he ceases to be a citizen of Guyana
of if his appointment is revoked by the President. |
|
(6) |
If the office of Attorney General is
vacant or the holder of the office is for any reason unable to perform the
functions thereof the President may appoint a person, being a person
qualified un der paragraph (1), to act in the office, but the provisions
of paragraphs (2) and (3) shall not apply to a person so appointed. |
|
(7) |
An appointment under the preceding
paragraph shall cease to have effect when it is revoked by the
President. |
| 186. |
(1) |
Parliamentary Secretaries may be
appointed from among persons who are elected members of the National
Assembly or are qualified to be elected as such members. |
|
(2) |
Paragraph (1) shall have effect in
relation to any period between a dissolution of Parliament and the day on
which the next election of members of the Assembly is held as if
Parliament had not been dissolved. |
|
(3) |
A Parliamentary Secretary who was not
an elected member of the Assembly at the time of his appointment shall
(unless he becomes such a member) be a member of the Assembly by virtue of
holding the office of Parliamentary Secretary but shall not vote in the
Assembly. |
|
(4) |
The provisions of article 183 shall
apply to the office of a Parliamentary Secretary as they apply to the
office of a Minister. |
| 187. |
(1) |
The Director of Public Prosecutions
(referred to in this article as "the Director") shall have power in any
case in which he considers it desirable so to do |
|
|
(a) |
to institute and undertake criminal proceedings
against any person before any court, other than a court-martial, in
respect of any offence against the law of Guyana; |
|
|
(b) |
to take over and continue any such criminal
proceedings that may have been instituted by any other person or
authority; and |
|
|
(c) |
to discontinue at any stage before judgment is
delivered any such criminal proceedings instituted or undertaken by him or
any other person or authority. |
|
(2) |
The powers of the Director under the
preceding paragraph may be exercised by him in person or through other
persons acting under and in accordance with his general or special
instructions. |
|
(3) |
The powers conferred upon the Director
by subparagraphs (b) and (c) of paragraph (1) shall be vested in him to
the exclusion of any other person or authority:
Provided that, where any other person
or authority has instituted criminal proceedings, nothing in this
paragraph shall prevent the withdrawal of those proceedings by or at the
instance of that person or authority and with the leave of the
court. |
|
(4) |
In the exercise of the powers conferred
upon him by this article the Director shall not be subject to the
direction or control of any other person or authority. |
|
(5) |
For the purposes of this article, any
appeal from any determination in any criminal proceedings before any
court, or any case stated or question of law reserved for the purposes of
any such proceedings, to any other court in Guyana shall be deemed to be
part of those proceedings. |
| 188. |
(1) |
The President may |
|
|
(a) |
grant to any person concerned in or convicted of
any offence under the law of Guyana, a pardon, either free or subject to
lawful conditions; |
|
|
(b) |
grant to any person a respite, either indefinite,
or for a specified period, of the execution of any punishment imposed on
that person for such an offence; or |
|
|
(c) |
substitute a less severe form of punishment for
any punishment imposed on any person for such an offence; or |
|
|
(d) |
remit the whole or any part of any punishment
imposed on any person for such an offence or of any penalty or forfeiture
otherwise due to the State on account of such an offence. |
|
(2) |
Subject to the provisions of the next
following paragraph, the powers of the President under the preceding
paragraph shall be exercised by him after consultation with such Minister
as may from time to time be designated by him. |
|
(3) |
In addition to the Minister designated
generally under the preceding paragraph, a second Minister may, in the
manner prescribed in that paragraph, be specially designated in relation
to persons convicted by courts-martial under the law of Guyana; and at any
time when there is a second Minister so designated, the powers of the
President under paragraph (1) shall, in relation to such persons, be
exercised after consultation with that other Minister. |
| 189. |
(1) |
There shall be an Advisory Council on
the Prerogative of Mercy, which shall consist of |
|
|
(a) |
the Minister for the time being designated under
paragraph (2) of the preceding article, who shall be Chairman; |
|
|
(b) |
the Attorney General (if he is not the Chairman);
and |
|
|
(c) |
not less than three and not more than five other
members, who shall be appointed by the President, and of whom at least on
shall be a person who is a qualified medical practitioner. |
|
(2) |
A person shall not be qualified to be
appointed as a member of the Advisory council under subparagraph (c) of
the preceding paragraph if he is a member of the national Assembly; and
not less th an three of the members so appointed shall be persons who are
not public officers. |
|
(3) |
A member of the Advisory Council
appointed under the said subparagraph (c) shall hold office for three
years:
Provided that his seat on the Council
shall become vacant |
|
|
(a) |
if he becomes a member of the Assembly or if, not
having been a public officer at the time of his appointment, he becomes
such an officer; or |
|
|
(b) |
if he is removed from office by the President for
inability to discharge the functions of his office (whether arising from
infirmity of mind or body or any other cause whatsoever) or for
misbehaviour. |
| 190. |
(1) |
Where under the law of Guyana any
person has been sentenced to death by any court other than a court-martial
for any offence against that law, the Minister designated under article
188 (2) shall cause a written report of the case from the trial judge,
together with such other information derived from the record of the case
or elsewhere as the Minister may require, to be taken into consideration
at a meeting of the Advisory Council; and after obtaining the advice of
the Council the Minister shall express his own deliberate opinion to the
President as to whether he should exercise any of his powers under that
article in relation to that person. |
|
(2) |
The Minister designated under article
188 (2) may consult the Advisory Council before expressing any opinion to
the President under that provision in any case not falling within the
preceding paragraph, but shall not be obliged to act in accordance with
the advice of the Advisory Council. |
|
(3) |
The Advisory Council may regulate its
own procedure. |
| 191. |
(1) |
The Ombudsman shall be appointed by the
President acting after consultation with the Minority Leader. |
|
(2) |
The Ombudsman shall not perform the
functions of any public office and shall not, without the approval of the
President in each particular case, hold any other office of emolument,
other than his office as Ombudsman, or engage in any occupation for reward
outside the duties of his office. |
|
(3) |
Subject to the provisions of the next
following paragraph, a person holding the office of Ombudsman shall vacate
that office at the expiration of four years from the date of his
appointment. |
|
(4) |
The provisions of article 225 (which
relate to removal from office) shall apply to the office of Ombudsman, and
for the purposes of paragraphs (4) and (6) of that article the prescribed
authority shall be the Prime Minister. |
| 192. |
(1) |
Subject to the provisions of this
article, the Ombudsman may investigate any action taken by any department
of Government or by any other authority to which this article applies, or
by the President, Ministers, officers or members of such a department or
authority, being action taken in exercise of the administrative functions
of that department or authority. |
|
(2) |
The Ombudsman may investigate any such
action as aforesaid in any of the following circumstances, that is to say
|
|
|
(a) |
If a complaint in respect of the action
is duly made to the Ombudsman by any person or body of persons, whether
incorporated or not, alleging that the complainant has sustained injustice
in consequence of a fault in administration; |
|
|
(b) |
if the President, a Minister of a
member of the National Assembly or of the National Congress of Local
Democratic Organs requests the Ombudsman to investigate the action on the
ground that a person or body of persons specified in the request has or
may have sustained such injustice; |
|
|
(c) |
in any other circumstances in which the
Ombudsman considers that he ought to investigate the action on the ground
that some person or body of persons has or may have sustained such
injustice. |
|
(3) |
The Ombudsman shall not investigate
under this Subtitle |
|
|
(a) |
any action in respect of which the
complainant has or had |
|
|
|
(i) |
a remedy by way of proceedings in a court;
or |
|
|
|
(ii) |
a right of appeal, reference or review to or
before an independent and impartial tribunal other than a court; or |
|
|
(b) |
any such action, or action taken with
respect to any such matter, as is excluded from investigation under
article 193:
Provided that the Ombudsman
|
|
|
|
(i) |
may conduct an investigation notwithstanding that
the complainant has or had a remedy by way of proceedings in a court if
satisfied that in the particular circumstances it is not reason able to
expect him to take or to have taken such proceedings; |
|
|
|
(ii) |
shall not in any case be precluded from
conducting an investigation in respect of any matter by reason only that
it is open to the complainant to apply to the High Court for redress under
article 153 (1) (which related to redress for contraventions of provisions
for the protection of fundamental rights and freedoms). |
|
(4) |
In determining whether to initiate,
continue or discontinued an investigation under this Subtitle the
Ombudsman shall, subject to the foregoing provision s of this article, act
in accordance with his individual judgment and in particular, and without
prejudice to the generality of the foregoing, he may refuse to initiate,
or may discontinue, any investigation if it appears to him that |
|
|
(a) |
the complaint relates to action of
which the complainant has had knowledge for more than twelve months before
the complaint was received by the Ombudsman; |
|
|
(b) |
the subject matter of the complaint is
trivial; |
|
|
(c) |
the complaint is frivolous or vexatious
or is not made in good faith; or |
|
|
(d) |
the complainant has not a sufficient
interest in the subject matter of the complaint. |
|
(5) |
The authorities other than departments
of Government to which this article applies are |
|
|
(a) |
any authority empowered to determine
the person with whom any contract or class of contracts shall be entered
into by or on behalf of the Government of Guyana; and |
|
|
(b) |
such other authorities as may be
prescribed by Parliament. |
|
|
Amended by Act No. 17 of 1984 by insertion in
paragraph (6) of the words "the Public Service Appellate
Tribunal": |
|
(6) |
For the purposes of this article the
Public Service Appellate Tribunal, the Judicial Service Commission, the
Public Service Commission, the Teaching Service Commission and the Police
Service Commission shall not be regarded as departments of
Government. |
|
(7) |
For the purposes of paragraph (2) (a) a
complaint may be made be a person aggrieved himself or, if he is dead or
for any reason unable to act for himself, by any person duly authorised to
represent him. |
|
(8) |
Any question whether a complaint or a
request for an investigation is duly made under this Subtitle or any law
enacted in pursuance of article 195 shall be determined by the
Ombudsman. |
|
(9) |
Where a complaint or request for an
investigation is duly made as aforesaid and the Ombudsman decides no to
investigate the action to which the complaint or request relates or to
discontinue an investigation of that action, he shall inform the person or
body of persons who made the complaint or request of his decision. |
|
(10) |
In this article and in article 193
"action" includes failure to act and "action taken" shall be construed
accordingly. |
| 193. |
|
The Ombudsman shall not investigate any
such action, or action taken with respect to any such matter, as is
described here under: |
|
|
|
(i) |
matters certified by the President or a Minister
to affect relations or dealings between the Government of Guyana and any
other Government or any international organisation; |
|
|
|
(ii) |
action taken for the purposes of protecting the
security of the State of investigating crime, including action taken with
respect to passports for either of those purposes; |
|
|
|
(iii) |
the commencement or conduct of civil or criminal
proceedings in any court; |
|
|
|
(iv) |
action taken in respect of appointments to
offices or other employment in the service of the Government of Guyana or
appointments made by or with the approval of the President or any
Minister, and action taken in relation to any person as the holder or
former holder of any such office, employment or appointment; |
|
|
|
(v) |
action taken with respect to orders or directions
to any disciplined force or member thereof as defined in article
154; |
|
|
|
(vi) |
the exercise of the powers conferred by article
188; |
|
|
|
(vii) |
the grant of honours, awards or privileges within
the gift of the President; |
|
|
|
(viii) |
action taken in matters relating to contractual
or other commercial dealings with members of the public other than action
by an authority mentioned in subparagraph (a) or article 192 (5); |
|
|
|
(ix) |
action taken in any country outside Guyana by or
on behalf of any officer representing the Government of Guyana or any
officer of that Government; |
|
|
|
(x) |
any action which by virtue of any provision of
this Constitution may not be inquired into by any court. |
| 194. |
(1) |
After conducting an investigation under
this Subtitle the Ombudsman shall inform the department or authority
concerned of the result of that investigation and, if he is of the opinion
that any person or body of persons has sustained injustice in consequence
of a fault in administration, he shall inform that department or authority
of the reasons for that opinion and may make such recommendations for
action by that department or authority as he thinks fit. |
|
(2) |
After conducting an investigation under
this Subtitle in pursuance of a complaint or a request for an
investigation made by the President, a Minister or a member of the
National Assembly or of the National Congress of Local Democratic Organs,
the Ombudsman shall |
|
|
(a) |
if he is of the opinion that the
complainant or, in the case of an investigation conducted in pursuance of
such a request, the person or body of persons specified in the request has
sustained injustice in consequence of a fault in administration, inform
the person or body of persons who made the compliant or request that he is
of that opinion and the nature of the injustice that he considers has been
sustained; |
|
|
(b) |
if he is of the opinion that the
complainant or, in the case of an investigation conducted in pursuance of
such a request, the person or body of persons specified in the request has
not sustained injustice, inform the person or body of persons who made the
complaint or request that he is of that opinion and the reason
therefor. |
|
(3) |
Where the Ombudsman has made a
recommendation under paragraph (1) and within a reasonable time thereafter
no action has been taken which appears to the Ombudsman adequately to
remedy the injustice, he may lay before the Assembly a special report on
the case. |
|
(4) |
The Ombudsman shall annually lay before
the Assembly a general report on the performance of his functions under
this Subtitle. |
| 195. |
|
Parliament may make provision for such
supplementary and ancillary matters as may appear necessary or expedient
in consequence of any of the provisions of this Subtitle including
(without prejudice to the generality of the foregoing power) provision
|
|
|
(a) |
for the procedure to be observed by the
Ombudsman in performing his functions; |
|
|
(b) |
for the manner in which complaints and
requests for investigation shall be made to the Ombudsman and for the
payment of fees in respect of any complaint or investigation; and |
|
|
(c) |
for the powers, duties and privileges
of the Ombudsman or of other persons or authorities with respect to the
obtaining or disclosure of information for the purposes of any investigati
on or report by the Ombudsman. |
| 196. |
|
In this Subtitle |
|
|
|
"complainant" means the person or body
of persons by or on whose behalf a complaint under this Subtitle is made;
and |
|
|
|
"fault in administration" includes,
without prejudice to its generality, any contravention of article 149
(which relates to discrimination on grounds of race, place of origin,
political opinions, colour or creed). |
TITLE 6
| 200. |
(1) |
The Public Service Commission shall
consist of not less than five and not more than six members who shall be
appointed as follows, that is to say |
|
|
(a) |
three members appointed by the President acting
after consultation with the Minority Leader; |
|
|
(b) |
two members appointed by the President acting
after he has consulted such bodies as appear to him to represent public
officers or classes of public officers; and |
|
|
(c) |
if the President deems fit, one other member
appointed by the President acting in accordance with his own deliberate
judgment:
Provided that a person shall be
disqualified for appointment as a member of the Commission if he is a
public officer. |
|
(2) |
A Chairman and a Deputy Chairman of the
Public Service Commission shall be appointed from among the members
appointed under subparagraphs (a) and (b) of the preceding paragraph. The
appointments shall be made by the President acting after consultation with
the Minority Leader and, in the case of the Deputy Chairman, acting also
after consultation with such bodies as appear to him to represent public
officers or classes of public officers. |
|
(3) |
Subject to the provisions of the next
following paragraph, the office of a member of the Public Service
Commission shall become vacant at the expiration of three years from the
date of his appointment or at such earlier time as may be specified in the
instrument by which he was appointed. |
|
(4) |
The provisions of article 225 (which
relate to removal from office) shall apply to the office of a member of
the Public Service Commission, and for the purposes of paragraphs (4) and
(6) of that article the prescribed authority shall be the Prime Minister
except that, in relation to a member other than the Chairman or a member
for the time being acting in the office of Chairman under the next
following paragraph, the prescribed authority for the purposes of the said
paragraph (6) shall be the Chairman. |
|
(5) |
If the office of Chairman of the Public
Service Commission is vacant or the holder thereof is for any reason
unable to perform the functions of his office, then the holder of the
office of Deputy Chairman, or if that office is vacant or the holder
thereof is for any reason unable to perform the functions of the office of
Chairman, such one of the other members as the President, acting after
consultation with the Minority Leader, may appoint shall act in the office
of Chairman and has assumed the functions of that office or, as the case
may be, until the Chairman, or if a member other than the Deputy Chairman
has assumed or resumed those functions. |
|
(6) |
If the office of a member of the Public
Service Commission other than the Chairman is vacant or if the holder
thereof is acting as Chairman under the preceding paragraph or is for any
other reason unable to perform the functions of his office, a person may
be appointed to act in that office and the provisions of paragraph (1)
shall apply to such an appointment as they apply to the appointment of a
person to hold the office of the member concerned; and any person
appointed under this paragraph shall, subject to the provisions of
paragraph (4), continue to act until a person has been appointed to the
office in which he is acting and has assumed the functions thereof or, as
the case may be, until the holder thereof resumes those functions. |
|
(7) |
A person shall not, while he holds or
is acting in the office of a member of the Public Service Commission or
within a period of three years commencing with the date on which he last
held or acted in that office, be eligible for appointment to or to act in
any office power to make appointments to which is vested by this
Constitution in the President acting in accordance with the advice of the
Public Service Commission or in that Commission. |
| 201. |
(1) |
Subject to the provisions of this
Constitution, the power to make appointments to public offices and to
remove and to exercise disciplinary control over persons holding or acting
in such offices shall vest in the Public Service Commission. |
|
(2) |
The Public Service Commission may, be
directions in writing subject to such conditions as it thinks fit,
delegate any of its powers under the preceding paragraph to any one or
more members of the Commission or, with the consent of the Prime Minister,
to any public officer, or, in relation to any office on the staff of the
Clerk of the National Assembly, to the Clerk. |
|
(3) |
No person shall be appointed under this
article to or to act in any office on the personal staff of the President
except with the concurrence of the President. |
|
(4) |
Before the Public Service Commission or
any member or officer exercising powers under this article appoints to or
to act in any public office any person who holds or is acting in any
office power to make appointments to which is vested under this
Constitution in the Judicial or the Teaching or the Police Service
Commission, the Public Service Commission or that member or officer shall
consult with the Commission in which that power is vested. |
| (5) |
Before the Public Service Commission or
any member thereof exercises any of the powers mentioned in paragraph (1)
in relation to any office on the staff of the Clerk of the National
Assembly (other than the Deputy Clerk) or any person holding or acting in
such an office, the Commission or that member shall consult the
Clerk. |
|
(6) |
A public officer shall not be removed
from office or subjected to any other punishment under this article on the
grounds of any act committed by him in the exercise of a judicial function
conferred on him unless the Judicial Service Commission concurs
therein. |
|
(7) |
The provisions of this article shall
not apply in relation to any of the following offices, that is to say
|
|
|
(a) |
the office of Director of Public
Prosecutions; |
|
|
(b) |
the office of Auditor General; |
|
|
(c) |
any office to which article 205 applies; |
|
|
(d) |
so far as they relate to power to make
appointments on transfer, any office to which article 206 applies; |
|
|
(e) |
any office to which article 199 (relating to
offices within the jurisdiction of the Judicial Service Commission)
applies; |
|
|
(f) |
any office to which article 209 (relating to
offices within the jurisdiction of the Teaching Service Commission)
applies; or |
|
|
(g) |
the office of Commissioner of Police or any other
office in the Police Force. |
| 202. |
(1) |
Where any power of the Public Service
Commission is exercised under article 201 (2) any person in respect of
whom the power was exercised (including a person who has failed to obtain
an appointment) may appeal to the Commission from the decision of the
person exercising the power. |
|
|
Amended by Act No. 17 of 1984 by the insertion in
paragraph (2) of the words "Subject to the other provisions of this
Constitution": |
|
(2) |
Subject to the other provisions of this
Constitution, the decision of the Public Service Commission on any appeal
made under paragraph (1) shall be final. |
| 203. |
(1) |
The Director of Public Prosecutions (in
his article referred to as "the Director") shall be appointed by the
President acting in accordance with the advice of the Public Service
Commission tendered after the Commission has consulted the Prime
Minister. |
|
(2) |
If the office of the Director is vacant
or if the holder thereof is for any reason unable to perform the functions
thereof, the President, acting in accordance with the advice of the Public
Service Commission, tendered as aforesaid, may appoint a person to act in
the office of the Director, and any person so appointed shall, subject to
the provisions of paragraphs (4) and (5), continue to act until a person
has been appointed to the office of the Director and has assumed the
functions of that office or, as the case may be, until the holder thereof
has resumed those functions. |
|
(3) |
A person shall not be qualified to be
appointed to hold or to act in the office of the Director unless he is
qualified to be appointed as a Puisne Judge of the High Court. |
|
(4) |
Subject to the provisions of the next
paragraph, the Director shall vacate his office when he attains the age of
sixty years:
Provided that the President, acting
after consultation with the Minority Leader, may permit a Director who
has attained the age of sixty years to continue in office until he has
attained such later age, not exceeding sixty-five years, as may (before
the Director has attained the age of sixty years) have been agreed with
the Director. |
|
(5) |
The provisions of article 225 (which
relate to removal from office) shall apply to the office of the director,
and the prescribed authority for the purposes of paragraph (4) of that
article shall be the Prime Minister or the Chairman of the Public Service
Commission and for the purposes of paragraph (6) of that article shall be
the Public Service Commission. |
|
(6) |
Parliament may provide that
appointments to, or to act in, the office of the Director shall be made by
the President acting in accordance with the advice of the Judicial Service
Commission instead of the Public Minister or the Chairman of the Public
Service Commission in paragraphs (1), (2) and (5) of this article shall
have effect as if they were references to the Judicial Service
Commission. |
| 204. |
(1) |
The Auditor General shall be appointed
by the President, acting in accordance with the advice of the Public
Service Commission. |
|
(2) |
If the office of Auditor General is
vacant or the holder of the office is for any reason unable to perform the
functions thereof, the President, acting in accordance with the advice of
the Public Service Commission, may appoint a person to act in the office,
and any person so appointed shall, subject to the provisions of paragraphs
(3) and (4), continue to act until a person has been appointed to the
office of the Auditor General and has assumed the functions of that office
or, as the case may be, until the holder thereof has resumed those
functions. |
|
(3) |
Subject to the provisions of the next
following paragraph, the Auditor General shall vacate his office when he
attains such age as may be prescribed by Parliament. |
|
(4) |
The provisions of article 225 (which
relate to removal from office) shall apply to the office of Auditor
General, and the prescribed authority for the purposes of paragraph (4) of
that article shall be the Prime Minister or the Chairman of the Public
Service Commission and for the purposes of paragraph (6) of that article
shall be the Public Service Commission. |
| 205. |
(1) |
The power to make appointments to the
offices to which this article applies and to remove from office persons
holding or acting in such offices shall vest in the President. |
|
(2) |
Before making an appointment under
paragraph (1) in favour of any person who holds any public office other
than an office to which this article applies, the president shall consult
the appropriate Commission. |
|
(3) |
The offices to which this article
applies are the offices of Solicitor General, Permanent Secretary,
Secretary to the Cabinet, Ambassador, High Commissioner or other principal
representative of Guyana in any other country or accredited to any
international organisation. |
|
(4) |
In paragraph (2) of this article "the
appropriate Commission" means, in the case of a person who holds an office
power to make appointments to which is vested in the President acting in
accordance with the advice of the Judicial Service Commission or is vested
in that Commission, the Judicial Service Commission, in the case of a
person who is a teacher in the public service, the Teaching Service
Commission, in the case of a person who holds an office power to make
appointments to which is vested in the President acting in accordance with
the advice of the Police Service Commission, and in any other case the
Public Service Commission. |
| 206. |
(1) |
The power to make appointments on
transfer to the offices to which this article applies shall vest in the
President. |
|
(2) |
The offices to which this article
applies are |
|
|
(a) |
offices (other than those to which the preceding
article applies) the holders of which are required to reside outside
Guyana for the proper discharge of their functions; and |
|
|
(b) |
such offices in the department responsible for
the external affairs of Guyana as may from time to time be designated by
the President. |
| 213. |
(1) |
Subject to the provisions of the next
following article, the law applicable to any benefits to which this
article applies shall, in relation to any person who has been granted, or
who is eligible for the grant or, such benefits, be that in force on the
relevant date or any later law that is not less favourable to that
person. |
|
(2) |
In the preceding paragraph "the
relevant date" means |
|
|
(a) |
in relation to any benefits granted
before the commencement of this Constitution the date on which those
benefits were granted; |
|
|
(b) |
in relation to any benefits granted or
to be granted after the commencement of this Constitution to or in respect
of any person who was a public officer before such commencement, the day
immediately preceding such commencement; and |
|
|
(c) |
in relation to any benefits granted or
to be granted to or in respect of any person who becomes a public officer
after the commencement of this Constitution, the date on which he becomes
a public officer. |
|
(3) |
Where a person is entitled to exercise
an option as to which of two or more laws shall apply in his case, the law
specified by him in exercising the option shall, for the purposes of this
article, be deemed to be more favourable to him than the other law or
laws. |
|
(4) |
Any benefit to which this article
applies (not being a benefit that is a charge upon some other public funds
of Guyana) shall be a charge upon the Consolidated Fund. |
|
(5) |
In this article references to the law
applicable to any benefits to which this article applies include (without
prejudice to their generality) references to any law relating to the time
at which and the manner in which any person may retire in order to become
eligible for those benefits. |
| 214. |
(1) |
Where under any law any person or
authority has a discretion |
|
|
(a) |
to decide whether or not any benefits
to which this article applies shall be granted; or |
|
|
(b) |
to withhold, reduce in amount or
suspend any such benefits that have been granted, those benefits shall be
granted any may not be withheld, reduced in amount or suspended unless the
appropriate Commission concurs in the refusal to grant the benefits or, as
the case may be, in the decision to withhold them, reduce them in amount
or suspend them. |
|
(2) |
Where the amount of any benefits to
which this article applies that may be granted to any person is not fixed
by law, the amount of the benefits to be granted to him shall be the
greatest amount for which he is eligible unless the appropriated
Commission concurs in his being granted benefits of a smaller
amount. |
|
(3) |
The appropriate Commission shall not
concur under paragraph (1) or paragraph (2) in action taken on the ground
that any person who holds or has held the office of a Judge of the Supreme
Court of Judicature, Director of Public Prosecutions, Auditor General or
Commissioner of Police has been guilty of misbehaviour unless he has been
removed from office by reason of such misbehaviour. |
|
(4) |
In this article "the appropriate
Commission" means |
|
|
(a) |
in the case of benefits for which any
person may be eligible or that have been granted in respect of the service
in the public service of a person who, immediately before he ceased to be
a public officer |
|
|
|
(i) |
was a Judge of the Supreme Court of Judicature,
or was the Director of Public Prosecutions and provision was then in force
under article 203 (6), or was subject to the disciplinary control of the
Judicial Service Commission, the Judicial Service Commission; |
|
|
|
(ii) |
was a teacher in the public service, the Teaching
Service Commission; |
|
|
|
(iii) |
was the Commissioner of Police or other member of
the Police Force, the Police Service Commission; and |
|
|
(b) |
in any other case, the Public Service
Commission. |
| 215. |
(1) |
The preceding two articles apply to any
benefits that are or may become payable under any law providing for the
grant of pensions, compensation, gratuities or other like allowances to
persons in respect of their service as public officers or to the widows,
children, dependents or personal representatives of such persons in
respect of such service. |
|
(2) |
The said two articles and paragraph (1)
of this article shall have effect as if service as a Judge of the Supreme
Court of Judicature or as the Clerk or Deputy Clerk or the National
Assembly were service in the public service. |
|
|
Amended by Act No. 17 of 1984 by insertion of article
215A as follows: |
| 215A. |
(1) |
Parliament may, by law, provide for the
establishment of a Public Service Appellate Tribunal (hereafter in this
article referred to as the Tribunal) consisting of a chairman and such
number of other members, being not less than two, as may be provided by
that law. |
|
(2) |
The chairman of the Tribunal shall be
appointed by the President by instrument in writing and shall be a person
who |
|
|
(a) |
holds or has held the office of a Judge
of the Court of Appeal; or |
|
|
(b) |
is qualified to be appointed as a Judge
of the Court of Appeal and holds or has held the office of a Judge of the
High Court. |
|
(3) |
A person shall be disqualified for
appointment as a member of the Tribunal if he is a member of the Public
Service Commission, the Teaching Service Commission or the Police Service
Commission or is a public officer. |
|
(4) |
A person shall not, while he holds the
office of a member of the Tribunal or within a period of three years
commencing with the date on which he last held that office, be eligible
for appointment to, or act in, any office power to make appointments to
which is vested by this Constitution in |
|
|
(a) |
the President acting in accordance with
the advice of, or after consultation with, the Public Service Commission
or the Police Service Commission; or |
|
|
(b) |
the Public Service Commission, the
Teaching Service Commission or the Police Service Commission. |
|
(5) |
Where a Tribunal has been established
under paragraph (1), an appeal shall lie to the Tribunal, subject to such
conditions (if any) as may be specified by or under the law by which it is
established, in respect of any matter so specified by or under the law by
which it is established, in respect of any matter so specified, being a
matter in respect of which the Public Service Commission, the Teaching
Service Commission, the Police Service Commission or the Commissioner of
Police is empowered to make a decision under any provision of this
Constitution:
Provided that no appeal shall lie to
the Tribunal |
|
|
(a) |
from any decision of the Public Service
Commission or the Police Service Commission in respect of appointment to
any office to which article 225 applies or in respect of any matter
concerning any person holding, or acting in, any such office; |
|
|
(b) |
from any decision of the Public Service
Commission, the Teaching Service Commission or the Police Service
Commission in respect of any appointment, in a case where such appointment
is required by this Constitution to be made after consultation with such
Commission; and |
|
|
(c) |
from any decision of the Public Service
Commission in respect of any matter referred to in article 210(6) to which
the Judicial Service Commission has concurred. |
|
(6) |
Subject to the provisions of this
Constitution, the law referred to in paragraph (1) may make, or authorise
the making of, provisions with respect to all matters connected with the
Tribunal. |
|
(7) |
Without prejudice to the generality of
the provisions of the preceding paragraph, but subject to the provisions
of this article, such law may, in particular, make, or authorise the
making of, provisions for all or any of the following matters |
|
|
(a) |
the constitution of the Tribunal; |
|
|
(b) |
the terms and conditions of the
appointment of the members of the Tribunal and the qualifications and
disqualifications for such appointment; |
|
|
(c) |
the matters in respect of which, and
the persons by whom, an appeal to the Tribunal may be brought and all
other matters relating to the jurisdiction, powers and duties of the
Tribunal ; |
|
|
(d) |
the manner in which and the conditions,
if any, subject to which an appeal to the Tribunal may be brought,
including conditions with respect to the time within which the appeal may
be brought and the fee payable in respect of the appeal or any application
made to the Tribunal: and |
|
|
(e) |
the practice and procedure of the
Tribunal. |
|
(8) |
The provisions of article 225 (which
relate to removal from office) shall apply to the office of the chairman
of the Tribunal, and for the purposes of paragraphs (4) and (6) of that
article the prescribed authority shall be the Prime Minister. |
|
(9) |
For the avoidance of doubt it is hereby
declared that the prohibition in article 226 (6) against enquiry in any
court into the question referred to therein shall not apply to proceedings
before the Tribunal. |
|
(10) |
Save as otherwise provided by
Parliament by law, the Public Service Commission, the Teaching Service
Commission, the Police Service Commission, the Commissioner of Police,
every person to whom any power of any of the aforesaid Commissions or of
the Commissioner of Police has been delegated and every public officer,
whether or not he is a person to whom any such power has been delegated,
and authority shall give effect as expeditiously as possible to the
decision of the Tribunal on any appeal brought to it or any application
made to it. |
|
(11) |
In deciding any question arising in an
appeal brought to the Tribunal or an application made to it, no member of
the Tribunal shall be subject to the direction or control of any other
person or authority. |
|
(12) |
Any question whether |
|
|
(a) |
the Tribunal or any bench thereof has
validly performed any function vested in it by or under this Constitution;
or |
|
|
(b) |
any member of the Tribunal or any other
person has validly performed any function in relation to the work of the
Tribunal, shall not be enquired into in any
court. |
TITLE 8
| 228. |
(1) |
Where any person has vacated any office
established by this Constitution (including any office established under
article 100, 124, and 125 ) he may, if qualified, again be appointed,
elected or otherwise selected to hold that office in accordance with the
provisions of this Constitution. |
|
(2) |
Where by this Constitution a power is
conferred upon any person or authority to make any appointment to any
public office, a person may be appointed to that office notwithstanding
that some other person may be holding that office, when that other person
is on leave of absence pending relinquishment of the office; and where two
or more persons are holding the same office by reason of an appointment
made in pursuance of this paragraph, then for the purposes of any function
conferred upon the holder of that office the person last appointed shall
be deemed to be the sole holder of the office. |
|
(3) |
The preceding paragraph shall have
effect in relation to the office of any Judge of the Supreme Court of
Judicature or the Clerk or Deputy Clerk or the National Assembly as if
that office were a public office. |
| 229. |
(1) |
Any person who is appointed or elected
to or otherwise selected for any office established by this Constitution
(including any office established under article 100, 124 or 1 25) may
resign from that office and, save as otherwise provided by articles 156
(1), 157 and 178 (1), shall do so by writing under his hand addressed to
the person or authority by whom he was appointed, elected or
selected. |
|
(2) |
The resignation of any person from any
such office as aforesaid signified by writing under his hand shall take
effect when the writing signifying the resignation is received by the
person or authority to whom it is addressed or by any person authorised by
that person or authority to receive it or employed to assist that person
in the performance of the functions of his office. |
| 230. |
|
Where by this Constitution a person is
required to vacate an office when he attains an age prescribed by or under
the provisions of this Constitution nothing done by him in the performance
of the functions of that office shall be invalid by reason only that he
has attained the age so prescribed. |
|
|
Amended by Act No.
1 of 1988 by substitution of Article 231 as follows: |
| 231. |
(1) |
Where by this Constitution the
President or any other person or authority is required to perform any
function in accordance with the advice or recommendation of, or after
consultation with, another person or authority, or not to make an
appointment without the concurrence of another person or authority, the
question whether the President or that other person or authority has
received or acted in accordance with such advice or recommendation, or
whether such consultation has taken place, or whether the appointment has
received such concurrence, shall not be enquired into in any court. |
|
(2) |
Without prejudice to the provisions of
paragraph (1), no court shall enquire into any question as to whether
there was any consultation, or any participation in any management or
decision making process pursuant to article 11 or any other provision of
Chapter XI of Part 1. |
|
|
Amended by Act No.
17 of 1984 by substitution of Article 232 as follows: |
| 232. |
(1) |
In this Constitution, except as
otherwise provided or required by the context |
|
|
|
"alien" means a person who is not a Commonwealth
citizen, a British protected person or a citizen of the Republic of
Ireland; |
|
|
|
"attorney-at-law" means a person having a general
right of audience in the Supreme Court of Judicature; |
|
|
|
"Commissioner of Police" means the officer,
however styled, commanding the Police Force; |
|
|
|
"the Commonwealth" means Guyana and any country
to which article 47 applies and any dependency of any such country; |
|
|
|
"court" means any court of law in Guyana; |
|
|
|
"elected member of the National Assembly" means
any person elected as a member of the National Assembly pursuant to the
provisions of paragraph (2) or (3) or (4) of article 60 or article 160
(2); |
|
|
|
"election" means an election of members to serve
in the National Assembly, the National Congress of Local Democratic Organs
or other elected body established by or under this Constitution, as the
case may be; |
|
|
|
"financial year" means any period of twelve
months beginning on the first day of January in any year or such other
date as Parliament may prescribe; |
|
|
|
"Guyana" includes, in relation to any period
before the day on which this Constitution commences, or anything done
before that day, Guyana as it was before that day as well as the former
Colony of British Guiana; |
|
|
|
"law" includes any instrument having the force of
law and any unwritten rule of law and "lawful" and "lawfully" shall be
construed accordingly; |
|
|
|
"local democratic organ" means any local
government authority; |
|
|
|
"oath" includes affirmation; |
|
|
|
"oath of office" means, in relation to any
office, the oath for the due execution of that office set out in the
Schedule to this Constitution or such other oath in that behalf as may be
prescribed by Parliament; |
|
|
|
"Parliament" means the Parliament of
Guyana; |
|
|
|
"the Police Force" means the Police Force
established by the Police Act and includes any other police force
established by or under an Act of Parliament to succeed to or to
supplement the functions of that Force but does not include any police
force forming part of any naval, military or air force or any police force
established by any local democratic organ; |
|
|
|
"public office" means an office of emolument in
the public service; |
|
|
|
"public officer" means the holder of any public
office and includes any person appointed to act in any such office; |
|
|
|
"the public service" means, subject to the
provisions of paragraph (5), the service of the Government of Guyana in a
civil capacity; |
|
|
|
"regional democratic council" means the local
democratic organ for any region established under article 72; |
|
|
|
"session" means, in relation to the National
Assembly and the Supreme Congress of the People, the sittings of the
Assembly or of the Congress, as the case may be, commencing when it first
meets after this Constitution comes into force or after the prorogation of
dissolution of Parliament or the Congress, as the case may be, at any time
and terminating when Parliament or the Congress, as he case may be, is
prorogued or is dissolved without having been prorogued ; |
|
|
|
"sitting" means, in relation to the National
Assembly and the Supreme Congress of the People, a period during which the
Assembly or the Congress, as the case may be, is sitting continuously
without adjournment and includes any period during which the Assembly or
the Congress, as the case may be, is in committee; and |
|
|
|
"the State" means the Co-operative Republic of
Guyana. |
|
(2) |
In this Constitution, unless it is
otherwise provided or required by the context |
|
|
(a) |
a reference to power to make appointments to any
office shall be construed as including a reference to power to make
appointments on promotion and transfer and to confirm appointments and to
power to appoint a person to act in or perform the functions of that
office at any time when the office is vacant or the holder thereof is
unable (whether by reason of absence or infirmity of mind or body or any
other cause) to perform the functions of that office; and |
|
|
(b) |
a reference to the holder of an office by the
term designated his office shall be construed as including a reference to
any person for the rime being lawfully acting in or performing the
functions of that office. |
|
(3) |
Where by this Constitution any person
is directed, or power is conferred on any person or authority to appoint
or elect a person, to perform the functions of an office if the holder
thereof is unable to perform those functions, the validity of any
performance of those functions by the person so directed or of any
appointment or election made in exercise of that power shall not be called
in question in any court on the ground that the holder of the office was
not or is not unable to perform the functions of the office. |
|
(4) |
For the purposes of this Constitution,
a person shall not be considered to hold a public office by reason only
that he is in receipt of a pension or other like allowance in respect of
public service. |
|
(5) |
In this Constitution references to the
public service shall not be construed as including service in |
|
|
(a) |
the office of President, Minister, Attorney
General, Parliamentary Secretary, Speaker, Deputy Speaker, Minority
Leader, Ombudsman, or member of the National Assembly or of the Supreme
Congress of the People or of the National Congress of Local Democratic
Organs; |
|
|
(b) |
the office of a member of any Commission
established by this Constitution; |
|
|
(c) |
the office of a member of any board, committee or
other similar body (whether incorporated or not) established by any law in
force in Guyana; |
|
|
(d) |
the office of any Judge of the Supreme Court of
Judicature or Clerk or Deputy Clerk of the National Assembly except for
the purposes of the next following paragraph and save as otherwise
provided in any other provision of this Constitution; or |
|
|
(e) |
any body of persons organised as a national
service within the meaning of article 154. |
|
(6) |
References in this Constitution to the
power to remove a public officer from his office shall be construed as
including references to any power conferred by any law to require or
permit that officer to retire from the public service:
Provided that |
|
|
(a) |
nothing in this paragraph shall be construed as
conferring on any person or authority power to require a Judge of the
Supreme Court of Judicature, the Director of Public Prosecutions, the
Commissioner of Police, the Auditor General or the Clerk or Deputy Clerk
of the National Assembly to retire from his office; and |
|
|
(b) |
any power conferred by any law to permit a person
to retire from the public service shall, in the case of any public officer
who may be removed from office by some person or authority other than a
Commission established by this Constitution, vest in the Commission that,
if he were to retire, would be the appropriate Commission in relation to
him for the purposes of article 214. |
|
(7) |
Any provision in this Constitution that
vests in any person or authority the power to remove any public officer
from his office shall be without prejudice to the power of any person or
authority to abolish that office or to any law providing for the
compulsory retirement of public officers generally or any class of public
officers on attaining an age specified by or under that law, and, in the
case of the Public Service Commission, the Teaching Service Commission and
the Police Service Commission, shall be without prejudice to power hereby
conferred on the President to remove any such officer from his officer
from his office in the public interest. |
|
(8) |
subject to article 226 (6) and article
215 (a) (12), no provision of this Constitution that any person or
authority shall not be subject to the direction or control of any other
person or authority in the exercise of any functions shall be construed as
precluding a court from exercising jurisdiction in relation to any
question whether that person or authority has exercised those functions in
accordance with this Constitution or any other law. |
|
(9) |
The Interpretation and General Clauses
Act as in force immediately before the commencement of this Constitution,
shall apply, with the necessary adaptations, for the purpose of
interpreting this Constitution and otherwise in relation thereto as it
applied for the purpose of interpreting, and in relation to, any Act in
force immediately before such commencement, and in such application shall
have effect as if it formed part of this
Constitution. |
I, .................... do hereby solemnly declare that
I will bear true faith and allegiance to the People of Guyana, that I will
faithfully execute the office of .................... without fear or favour,
affection or ill-will and that in the execution of the functions of that office
I will honour, uphold and preserve the Constitution of the Co-operative Republic
of Guyana.
1. This Act may be cited as the Constitution (Amendment)
Act 1995. Alteration of the Constitution.
2. During the period commencing on the date on which
this Act comes into operation and ending on the date of the enactment of a new
Constitution for Guyana or on the expiry of three months from the date of the
next General Election, whichever is earlier, the Constitution shall have effect
as if
