PREAMBLE
WE THE PEOPLE OF THE CO-OPERATIVE REPUBLIC OF GUYANA,
the proud heirs of the indomitable spirit and unconquerable will of our forefathers who by their sacrifices, their blood and their labour made rich and fertile and bequeathed to us as our inalienable patrimony for all time this green land of Guyana,
SALUTING the epic struggles waged by our forefathers for freedom, justice and human dignity and their relentless hostility to imperialist and colonial domination and all other forms and manifestations of oppression;
ACCLAIMING those immortal leaders who in the vanguard of battle kept aloft in the banner of freedom by the example of their courage, their fortitude and their martyrdom, whose names and deeds being forever enshrined in our heart s we forever respect, honour and revere;
INSPIRED by the glorious victory of 26th May, 1966, when after centuries of heroic resistance and revolutionary endeavour we liberated ourselves from colonial bondage, won political independence and became free to mold our own destiny;
CONSCIOUS of the fact that to bring about conditions necessary for the full flowering of the creative genius of the people of Guyana formal political sovereignty must be complemented by economic independence and cultural emancipation;
HAVING
ESTABLISHED the Republic on 23rd February, 1970, to reinforce our determination to chart an independent course of development in conformity with our historical experience, our cultural heritage and our common aspirations;
PLEDGED
to defend our national sovereignty, to respect human dignity and to cherish and uphold the principles of freedom, equality and democracy and all other fundamental human rights;
DEDICATED to the principle that the people of Guyana are entitled as of right to enjoy the highest possible standard of living and quality of life consistent with their work and the possibilities of the country's resources;
CONVINCED That the organisation of the State and society on socialist principles is the only means of ensuring social and economic justice for all of the people of Guyana; and, therefore,
BEING
MOTIVATED
and guided by the principles of socialism;
BEING OPPOSED to all social, economic and political systems which permit the exploitation of man by man; and
ACKNOWLEDGING
our common purpose of national cohesion and our common destiny as one people and one nation,
DO SOLEMNLY
RESOLVE
to establish the State on foundations of social and economic justice, and accordingly by popular consensus, after full, free and open discussion, debate and participation,
DO ADOPT
the following 末
CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA
CHAPTER I
THE STATE AND THE CONSTITUTION
1. Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the Co-operative Republic of Guyana.
2. The territory of the State comprises the areas that immediately before the commencement of this Constitution were comprised in the area of Guyana together with such other areas as may be declared by Act of Parliament to form part of the territory of the State.
3. The capital of the State is the city of Georgetown.
4. The national flag of the State is the flag known as "The Golden Arrow Head."
5. The coat of arms of the State is that in use at the commencement of this Constitution.
6. The national anthem of the State is the anthem known as "Green Land of Guyana."
7. It is the duty of every citizen of Guyana wherever he may be and of every person in Guyana to respect the national flag, the coat of arms, the national anthem and the Constitution of Guyana, and to treat them with due and proper solemnity on all occasions.
8. The Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, by void.
CHAPTER II
PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM
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 末 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 末
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
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
40.
1. Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely 末
a. life, liberty, security of the person and the protection of the law.
b. freedom of conscience, of expression and of assembly and association; and
c. protection for the privacy of his home and other property and from deprivation of property without compensation.
2. The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others in the public interest.
CHAPTER IV
CITIZENSHIP
41. Every person who, immediately before the commencement of this Constitution, is a citizen of Guyana shall continue to be a citizen of Guyana.
42.
1. Every person who, immediately before the commencement of this Constitution, is or has been married to a person 末
a. who continues to be a citizen of Guyana by virtue of the preceding article; or
b. who, having died before the commencement of this Constitution, would, but for his or her death, have continued to be a citizen of Guyana on that date by virtue of that article, shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath of allegiance, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
2. Any application for registration under this article shall be made in such manner as may be prescribed.
43. Every person born in Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his birth:
Provided that a person shall not become a citizen of Guyana by virtue of this article if at the time of his birth 末
a. his father or his mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Guyana and neither of them is a citizen of Guyana; or
b. his father or his mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.
44. A person born outside Guyana after the commencement of the Constitution shall become a citizen of Guyana at the date of his birth if at the date his father or his mother is a citizen of Guyana otherwise that by virtue of this article.
45. Any person who, after the commencement of this Constitution, marries a person who is or becomes a citizen of Guyana shall be entitled, upon making an application in such manner and taking such oath of allegiance as may be prescribed, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen of Guyana under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
46.
1. If the President is satisfied that any citizen of Guyana has at any time after 25th May, 1966 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country other that Guyana, the President may by order deprive that person of his citizenship.
2. If the President is satisfied that any citizen of Guyana has at any time after the 25th May, 1966, voluntarily claimed and exercised in a country other that Guyana any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the President may by order deprive that person of his citizenship.
47.
1. Every person who under this Constitution or any Act of Parliament is a citizen of Guyana or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.
3. The countries to which this article applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand and Island Territories and self-governing Countries in free Association with New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, St. Lucia, St. Vincent, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom and Colonies, Western Samoa and Zambia.
4. The President may from time to time by order subject to affirmative resolution of the National Assembly amend paragraph (3) by adding any country thereto or by deleting any country therefrom.
48. Parliament may make provision 末
a. for the acquisition of citizenship of Guyana by persons who do not become citizens of Guyana by virtue of the provisions of this Chapter;
b. depriving of his citizenship of Guyana any person who is a citizen of for Guyana otherwise than by virtue of article 41 (in so far as it relates to persons who became citizens of Guyana by virtue of articles 21, 23 and 24 of the Constitution of Guyana annexed to the Guyana Independence Order), 43 or 44; or.
c. for the renunciation by any person of his citizenship of Guyana.
49.
1. In this chapter "prescribed" means prescribed by or under any Act of Parliament.
2. For the purposes of this Chapter, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
3. Any reference in this Chapter to the national status of the father or mother of a person at the time of that person's birth shall in relation to a person born after the death of either parent, be construed as a reference to the national status of the deceased parent at the time of that parent's death; and where that death occurred before the date of commencement of this Constitution, and the birth occurred on or after that date, the national status which that parent would have had if he or she had died on that date, shall be deemed to be his or her national status at the time of death.
CHAPTER V
SUPREME ORGANS OF DEMOCRATIC POWER
50.
The supreme organs of democratic power in Guyana shall be 末
i. the Parliament;
ii. the National Congress of Local Democratic Organs;
iii. the Supreme Congress of the People;
iv. the President; and
v. the Cabinet.
CHAPTER VI
PARLIAMENT
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 末
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
LOCAL DEMOCRACY
Local Democratic Organs
71.
1. Local government is a vital aspect of socialist democracy and shall be organised so as to involve as many people as possible in the task of managing and developing the communities in which they live.
2. For this purpose Parliament shall provide for the institutions of a country-wide system of local government through the establishment of organs of local democratic power as an integral part of the political organisation of the State.
72.
1. Parliament may provide for the division of Guyana (same for any areas excluded by it) into ten regions and into such sub-regions and other subdivisions as it may deem for the purpose of organising local democratic organs.
2. In defining the boundaries of any areas into which Guyana may be divided under paragraph (1) account shall be taken of the population, the physical size, the geographical characteristics, the economic re sources and the existing and planned infrastructure of each area, as well as the possibilities of facilitating the most rational management and use of such resources and infrastructure, with a view to ensuring that the area is or has the potential for becoming economically viable.
73.
1. Members of a regional democratic council shall be elected by persons residing in the region and registered as electors for the purpose of article 159:
Provided that Parliament may make provision for any areas which do not form part of any region to be represented on the regional democratic council of any region near to which it is situate for such purposes as Parliament may prescribe.
2. Elections of members of regional democratic councils shall be held and the councils shall be dissolved at such times as, subject to paragraph (3), the President may appoint by proclamation.
3. The interval between any two successive dissolutions of a regional democratic council shall not exceed five years and four months:
Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70 (4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.
74.
1. It shall be the primary duty of local democratic organs to ensure in accordance with law the efficient management and development of their areas and to provide leadership by example.
2. Local democratic organs shall organise popular co-operation in respect of the political, economic, cultural and social life of their areas and shall co-operate with the social organisations of the working people.
3. It shall be the duty of local democratic organs to maintain and protect public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order, consolidate socialist legality and safeguard the rights of citizens.
75. Parliament may provide for local democratic organs to take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.
76. Parliament may provide for regional democratic councils to raise their own revenues and to dispose of them for the benefit and welfare of their areas.
77. The development programme of each region shall be integrated into the national development plans, and the Government shall allocate funds to each region to enable it to implement its development programme.
78. Parliament may make provision for the election of members of local democratic organs (including the commencement of balloting before the day appointed for holding an election) and for all other matters relating to their membership, powers, duties, functions and responsibilities.
The National Congress of Local Democratic Organs
79. There shall be a National Congress of Local Democratic Organs which shall have responsibility for representing the interests of local government in Guyana and such other duties and functions as may be assigned to it by this Constitution or by any other law.
80.
1. The members of the National Congress of Local Democratic Organs shall be elected by and from among the members of such local democratic organs as may be prescribed by Parliament.
2. Elections of members of the National Congress of Local Democratic Organs shall be held and the Congress shall be dissolved at such times as, subject to paragraph (3), the President may appoint by proclamation.
3. The interval between any two successive dissolutions of the National Congress of Local Democratic Organs shall not exceed five years and four months:
Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70 (4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.
81. Parliament may make provision for all other matters relating to the establishment, membership and functions of the National Congress of Local Democratic Organs, for the election of the members t hereof and for effective participation by them through the Congress in the decision making processes of the State.
CHAPTER VIII
THE SUPREME CONGRESS OF THE PEOPLE
82. There shall be a Supreme Congress of the People of Guyana, which shall consist of all members of the National Assembly and all members of the National Congress of Local Democratic Organs.
83. The Supreme Congress of the People may discuss any matter of public interest and may make recommendations thereon to the National Assembly of the Government. In particular, the Congress shall advise the President on all matters which he may refer to it, and for this purpose article 67 shall apply in relation to the Congress as it applies in relations to the National Assembly.
84.
1. Each session of the Supreme Congress of the People shall be held at such place within Guyana and shall begin at such time as the President shall appoint by proclamation.
2. Subject to the provisions of the preceding paragraph, the sittings of the Congresses shall be held at such time and place as the Congress may, by its rules of procedure or otherwise, determine.
85.
1. The President may at any time by proclamation summon, prorogue or dissolved on the occurrence of a dissolution of Parliament.
2. The Supreme Congress of the People, unless sooner dissolved, shall stand dissolved on the occurrence of a dissolution of Parliament.
86. The Chairman of the Supreme Congress of the People shall be the person who is entitled for the time being to discharge the functions of the office of Speaker of the National Assembly. If there is no such person, the Congress shall elect its own Chairman.
87. The Clerk, the Deputy Clerk and officers of the National Assembly shall also be the Clerk, the Deputy Clerk and officers respectively of the Supreme Congress of the People.
88. All other matters concerning the Supreme Congress of the People (including the procedure thereof) shall be regulated by the provisions of articles 173 to 176 (inclusive).
CHAPTER IX
THE PRESIDENT
89. here shall be a President of the Co-operative Republic of Guyana, who shall be Head of State, the supreme executive authority, and Commander-in-Chief of the armed forces of the Republic.
90. A person shall be qualified for election as President and shall not be so qualified unless he 末
a. is a citizen of Guyana; and
b. is otherwise qualified to be elected as a member of the National Assembly:
Provided that a person holding the office of President or otherwise discharged the functions of that office shall not on that account be disqualified for election as President.
91. The President shall be elected by the people in the manner prescribed by article 177.
92. A person assuming the office of President in accordance with the provisions of this Constitution shall, unless his office sooner becomes vacant under article 178, continues in office until the person elected to the office of President at the next election held under article 91 assumes office.
93. The President may be removed from office if he becomes physically or mentally incapable of discharging the functions of his office. The procedure for removing him and for ensuring the continued discharge of the functions of his office is prescribed by article 179.
94. The President may be removed from office if he commits any violation of this Constitution or any gross misconduct. The procedure for removing him is prescribed by article 180.
95.
1. ring any period when the office of the President is vacant the office shall be assumed by 末
a. the Prime Minister:
Provided that if the vacancy occurs while the Prime Minister is absent from Guyana or while he is by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until the Prime Minister returns or until he is again able to perform the functions of his office, as the case may be, be discharged by such, other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
b. if there is no Prime Minister, by such Minister being an elected member of the national Assembly, as the Cabinet shall elect; or
c. if there is no Prime Minister and no Cabinet, by the Chancellor.
2. Any Minister performing the functions of the office of President by virtue of the proviso to paragraph (1) (a) shall cease to perform those functions if he is notified by the Prime Minister that the Prime Minister is about to assume the office of President.
3. An assumption of the office of President under this article shall terminate, if it has not previously terminated, when a person who has been elected to the office in accordance with the provisions of article 177 assumes the office.
96.
1. Whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he may, by direction in writing, authorise any member of the Cabinet, being an elected member of the National Assembly, to perform such of the functions of office of President as he may specify and the person so authorised shall perform those functions until his authority is revoked by the President or until the functions are resumed by the President.
2. If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorise another person under this article to perform those functions 末
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, by reason of physical or mental infirmity, unable to perform the functions of his office, such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect, or
c. if there is no Prime Minister and no Cabinet, the Chancellor, shall perform the functions of the office of President:
Provided that any person performing the functions of the office of President under this paragraph shall not dissolve Parliament nor, save on the advice of the Cabinet, revoke any appointment made by the President.
3. Any person performing the functions of the office of President by virtue of paragraph (2) shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.
97.
1. A person elected as President shall assume the office of President upon being elected but shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the Chancellor or such other Judge of the Supreme Court of Judicature as may be designated by the Chancellor.
2. The provisions of the foregoing paragraph shall apply to any person assuming the office of President or performing the functions of thereof under article 95, 96 or 179, as the case may be, as they apply to a person elected as President.
98. The remuneration and immunities of the President shall be regulated by articles 181, 182 and 222.
CHAPTER X
THE EXECUTIVE
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 therefore to Parliament.
3. Cabinet Meetings shall be presided over by 末
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 therefore 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
THE JUDICATURE
The Supreme Court of the Judicature
123.
1. There shall be for Guyana a Supreme Court of Judicature consisting of a Court of Appeal and a High Court, with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.
2. Each of those Courts shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
3. Parliament may confer on any court any part of the jurisdiction of and any powers conferred on the High Court by this Constitution or any other law.
124. The Judges of the Court of Appeal shall be the Chancellor, who shall be the President of the Court of Appeal, the Chief Justice and such number of Justices of Appeal as may be prescribed by Parliament.
125. The Judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.
Judges of the Supreme Court of Judicature
126. Except as otherwise expressly provided or required by the context, in this Constitution the word "Judge" includes the Chancellor, the Chief Justice of Appeal and a Puisne Judge.
127.
1. The Chancellor and the Chief Justice shall be appointed by the President acting after consultation with the Minority Leader.
2. If the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his office, or if the person holding the office of Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President.
128.
1. The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.
2. If 末
a. the office of any such Judge is vacant;
b. any such Judge is for any reason unable to perform the functions of his office;
c. any such Judge is acting as Chancellor of Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or
d. the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires;
the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require:
Provided that a person may be so appointed notwithstanding that he has attained the age at which that office is required by article 197 to be vacated by a holder thereof.
3. The appointment of any person under the preceding paragraph to act in the office of a Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, acting in accordance with the advice of the Judicial Service Commission.
129.
1. A person shall not be qualified to be appointed to hold or to act in the office of a Judge unless 末
a. he is or has been a judge of a court having unlimited jurisdiction and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
b. he is qualified for admission as an attorney-at-law in Guyana and has been so qualified for such period as may be prescribed by Parliament.
2. Parliament may prescribe different periods under subparagraph (b) of the preceding paragraph in relation to the offices of the different Judges mentioned in article 126.
130.
1. Parliament may make provision for the exercise of 末
a. the jurisdiction and powers of a Justice of Appeal by such Puisne Judge as may be requested by the Chancellor to sit as an additional Justice of Appeal at sittings of the Court of Appeal; and
b. the jurisdiction and powers of a Puisne Judge by such Justice of Appeal as may be requested by the Chancellor to sit an additional Puisne Judge.
2. Article 132 shall not apply to a Justice of Appeal or a Puisne Judge in the carrying out by him of any function pursuant to paragraph (1).
131. Judges shall have full security of office as provided for in article 197.
132. Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of office.
Appeals
133.
1. An appeal to the Court of Appeal shall lie as of right from decisions of the High Court in the following cases, that is to say 末
a. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution; and
b. final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which related to the enforcement of fundamental rights and freedoms).
2. Nothing in paragraph (1) shall apply to the matters for which provision is made by article 163.
CHAPTER XII
THE SERVICE OF COMMISSIONS
134.
1. There shall be a Judicial Service Commission for Guyana.
2. The composition and functions of the Judicial Service Commission are set out in articles 198 and 199.
135.
1. There shall be a Public Service Commission for Guyana.
2. The composition and functions of the Public Service Commission are set out in article 200 to 205 (inclusive).
136.
1. There shall be a Teaching Service Commission for Guyana.
2. The composition and functions of the Teaching Service Commission are set out in articles 207, 208 and 209.
137.
1 There shall be a Police Service Commission for Guyana.
2 The composition and functions of the Police Service Commission are set out in articles 210, 211 and 212.
TITLE 1
PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
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 末
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 末
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 court 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 tribunal 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 originally 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 reported 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 qualified 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 末
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 practicable; 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 against 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 therefore 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 末
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 the 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 infliction 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 末
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 specifying 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 amount 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 末
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property 末
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 末
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 Amerindian 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 corporate 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 during 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 末
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 therefore 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 that 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 末
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 to 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 lawfully 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 planning, 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 末
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 ordered 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 impartial; 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 末
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 interests 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 末
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 expenses 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 acquittal 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 末
a. which is reasonably required 末
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 members 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, freedom 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 末
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, preventing 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 末
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 末
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 relating 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 末
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 treatment 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 relation 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 末
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 authority.
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 末
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 末
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 Amerindians 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 末
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 prorogation 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 shall 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 Assembly 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 the 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 detention 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 末
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 previously 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 accordingly.
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 末
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 末
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 末
"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 末
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
PARLIAMENT
155.
1. No person shall be qualified for election as a member of the National Assembly who 末
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 末
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 末
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 末
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) 末
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 such.
156.
1. A member of the National Assembly shall vacate his seat therein 末
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 provision 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 period 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 末
a. in the case of a Speaker elected from among the members of the Assembly or in the case of the Deputy Speaker 末
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 Organs or the operation of article 156 (1) (h):
ii. 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 Speaker if at such election he is re-elected as a member of the Assembly;
iii. 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
iv. 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 末
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 Deputy 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 office 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 末
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 qualifying 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 court 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 末
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 Parliament 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 aforesaid, then 末
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 identified 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 votes 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 末
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 article 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 democratic 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 having 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 power 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 that 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 末
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 under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions of this Constitution, the Commission 末
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 therefore would be attended, either generally or in a particular area, by danger or serious hardship, it may, after consultation with the Prime Minister a