Guyana 1980 Constitution (reviewed 2016) - Page 2 of 7

Table of Contents

PART 1. GENERAL PRINCIPLES

CHAPTER I. THE STATE AND THE CONSTITUTION

1. The State in transition to socialism

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

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

The capital of the State is the city of Georgetown.

4. The flag

The national flag of the State is the flag known as “The Golden Arrow Head” as set out in the Second Schedule.

5. The coat of arms

The coat of arms of the State is that in use at the commencement of this Constitution as set out in the Second Schedule.

6. The anthem

The national anthem of the State is the anthem known as “Green Land of Guyana” as set out in the Second Schedule.

6A. The pledge

The National Pledge of the State is the pledge as set out in the Second Schedule.

7. Duty to respect national symbols

It is the duty of every citizen of Guyana wherever he or she may be and of every person in Guyana to respect the national flag, the coat of arms, the national anthem, the national pledge and the Constitution of Guyana, and to treat them with due and proper solemnity on all occasions.

8. Supremacy of Constitution

This 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, be void.

CHAPTER II. PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM

9. Sovereignty belongs to the people

Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this Constitution.

10. Political parties

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. [Repealed by Act No. 10 of 2003]

12. Local government

Local government by freely elected representatives of the people is an integral part of the democratic organisation of the State.

13. Objective of political system

The principal objective of the political system of the State is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organisations in the management and decision-making processes of the State, with particular emphasis on those areas of decision-making that directly affect their well-being.

14. Goal of economic development

The goal of economic development includes the objective of creating, promoting and encouraging an economic system capable of achieving and maintaining sustainable competitive advantage in the context of a global competitive environment, by fostering entrepreneurship, individual and group initiative and creativity, and strategic alliances with domestic and global business partners in the private sector.

15. Further goal of economic development

The goal of economic development includes the objective of laying the material basis for the greatest possible satisfaction of the people’s growing material, cultural and intellectual requirements, as well as the dynamically stable development of their personality, creativity, entrepreneurial skills, and cooperative relations in a plural society. The State shall intervene to mitigate any deleterious effects of competition on individuals or groups of individuals.

16. State to foster forms of development

The State shall foster the development of such relevant forms of cooperation and of business entities as are seen to be supportive of the goals of economic development as stated in articles 14 and 15.

17. Private enterprise

Privately owned economic enterprises are recognised, and shall be facilitated in accord with their conformity with the aims and objectives stated or implied in articles 13, 14, 15 and 16.

18. Land to the tiller

Land is for social use and must go to the tiller.

19. Personal property

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. Right of inheritance

The right of inheritance is guaranteed.

21. Role of labour

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. The right and the duty to work

Every citizen has the right to be rewarded according to the nature, quality and quantity of his or her work, to equal pay for equal work or work of equal value, and to just conditions of work.
Every citizen who is able to work has a duty to work.

23. Right to leisure

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. Right to medical attention and social care in case of old age and disability

Every citizen has the right to free medical attention and also to social care in case of old age and disability.

25. Duty to improve environment

Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.

26. Right to housing

Every citizen has the right to proper housing accommodation.

27. Right to education

Every citizen has the right to free education from nursery to university as well as at non-formal places where opportunities are provided for education and training.
It is the duty of the State to provide education that would include curricula designed to reflect the cultural diversities of Guyana and disciplines that are necessary to prepare students to deal with social issues and to meet the challenges of the modem technological age.

28. Youth

Every young person has the right to ideological, social, cultural and vocational development and to the opportunity for responsible participation in the development of the socialist order of society.

29. Women’s participation in public decision-making

Women’s participation in the various management and decision-making processes, whether private., public or state, shall be encouraged and facilitated by laws enacted for that purpose or otherwise.

30. [Repealed by Act No. 10 of 2003]

31. Protection of citizens resident abroad

It is the duty of the State to protect the just rights and interests of citizens resident abroad.

32. Duty to prevent crime and protect public property

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. Duty to defend State

It is the duty of every citizen to defend the State.

34. Abolition of discriminatory distinctions

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. National culture

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. Land and the environment

The well-being for the nation depends upon preserving clean air, fertile soils, pure water and the rich diversity of plants, animals and eco-systems.

37. External relations

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. National co-operation for development of economy

It is the duty of the State, co-operatives, trade unions, other socio-economic organisations and the people through sustained and disciplined endeavours to achieve the highest possible levels of production and productivity and to develop the economy in order to ensure the realisation of the rights set out in this Chapter.

38A. Democratic state with a healthy economy

To ensure that Guyana is a democratic State with a healthy economy, the State shall-

facilitate the engagement of citizens in activities designed to achieve their sustainable livelihoods;
progressively remove the barriers that prohibit or limit the realisation of the potential for self-sustaining activities in such fields as agriculture, processing, manufacturing and artistic and information-based activities;
encourage and support the self-mobilisation of citizens: and
provide appropriate support to any group which is, or is claiming to be, under threat of marginalisation.

38B. The best interest of the child

The best interest of the child shall be the primary consideration in all judicial proceedings and decisions and in all matters concerning children, whether undertaken by public or private social welfare institutions, administrative authorities or legislative bodies.

38C. Adoption in best interest of the child

The State shall ensure that the adoption of a child takes place only if that adoption would be in the best interest of the child.

38D. Child’s right to maintenance and accommodation

Every child has the right to maintenance and accommodation from his or her parents and guardians.

38E. Formal education compulsory

Formal education is compulsory up to the age of fifteen years.

38F. Vilification of religion

No person’s religion or religious belief shall be vilified.

38G. Public service to be free from political influence

The integrity of the public service is guaranteed. No public officer shall be required to execute or condone irregular acts on the basis of higher orders.
The freedom of every public officer to perform his or her duties and fulfil his or her responsibilities is protected.
No public officer shall be the subject of sanctions of any kind without due process.
In the discharge of his or her duties a public officer shall execute the lawful policies of the government.

39. Guiding principles and objectives

It is the duty of Parliament, the Government, the courts and all other public agencies to be guided in the discharge of their functions by the principles set out in this Chapter, and Parliament may provide for any of those principles to be enforceable in any court or tribunal.
In the interpretation of the fundamental rights provisions in this Constitution a court shall pay due regard to international law, international conventions, covenants and charters bearing on human rights.

CHAPTER III. FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

40. Fundamental rights and freedoms of the individual

Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, ignorance and want. That right includes the fundamental rights and freedoms of the individual.
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 or the public interest.

CHAPTER IV. CITIZENSHIP

41. Persons who continue to be citizens on commencement of Constitution

Every person who, immediately before the commencement of this Constitution, is a citizen of Guyana shall continue to be a citizen of Guyana.

42. Persons entitled to be registered as citizens

Every person who, immediately before the commencement of this Constitution, is or has been married to a person-
1. who continues to be a citizen of Guyana by virtue of the preceding article; or
2. 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.
Any application for registration under this article shall be made in such manner as may be prescribed.

43. Persons born in Guyana after commencement of Constitution

Every person born in Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his or her birth:

Provided that a person shall not become a citizen of Guyana by virtue of this article if at the time of his or her birth-

his or her father or his or her 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
his or her father or his or her mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.

44. Persons born outside Guyana after commencement of Constitution

A person born outside Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his or her birth if at that date his or her father or his or her mother is a citizen of Guyana otherwise than by virtue of this article.

45. Marriage to citizen of Guyana

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 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. Deprivation of citizenship on acquisition of, or exercise of rights of, another citizenship

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 than Guyana, the President may by order deprive that person of his or her citizenship.
If the President is satisfied that any citizen of Guyana has at any time after 25th May, 1966, voluntarily claimed and exercised in a country other than Guyana any rights available to him or her under the law of that country, being rights accorded exclusively to its citizens, the President may by order deprive that person of his or her citizenship.

47. Commonwealth citizens

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.
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.
The countries to which this article applies are Antigua and Barbuda, Australia, the Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, 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, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom and Colonies, Vanuatu, Western Samoa, Zambia and Zimbabwe.
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. Powers of Parliament

Parliament may make provision-

for the acquisition of citizenship of Guyana by persons who do not become citizens of Guyana by virtue of the provisions of this Chapter;
for depriving of his or her citizenship of Guyana any person who is a citizen of 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 1966), 43 or 44; or
for the renunciation by any person of his or her citizenship of Guyana.

49. Interpretation

In this Chapter “prescribed” means prescribed by or under any Act of Parliament.
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.
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. Supreme organs of democratic power

The supreme organs of democratic power in Guyana shall be-

the Parliament;
the President; and
the Cabinet.

CHAPTER VI. PARLIAMENT

Composition of Parliament

51. Establishment of Parliament

There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly.

52. Composition of the National Assembly

Subject to paragraph (2) and to articles 105, 185 and 186, the National Assembly shall consist of such number of members as shall be determined by the Assembly 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.
If any person who is not a member of the National Assembly is elected to be Speaker of the Assembly, he or she shall, by virtue of holding the office of Speaker, be a member of the Assembly in addition to the members aforesaid.

53. Qualifications for election as members

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 or she-

is a citizen of Guyana of the age of eighteen years or upwards; and
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the Assembly.

54. Tenure of seats of members of the National Assembly

Members of the National Assembly shall vacate their seats in the Assembly in the circumstances set out in article 156.

55. First meeting of the National Assembly

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 meeting.

56. Speaker and Deputy Speaker

When the National Assembly first meets after any election and before it proceeds to the despatch of any other business, it shall 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.
The Speaker may be elected either from among the members of the Assembly who are not Ministers or Parliamentary Secretaries or from among persons who are not members of the Assembly but are qualified for election as members.
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 or 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.
A person shall vacate the office of Speaker or 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. Clerk and Deputy Clerk

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.
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. Unqualified persons sitting or voting

Any person who sits or votes in the National Assembly, knowing or having reasonable ground for knowing that he or she is not entitled to do so, shall be liable to a penalty of fifty dollars for each day upon which he or she so sits or votes.
Any such penalty shall be recoverable by civil action in the High Court at the suit of the Attorney General.

Elections

59. Qualifications and disqualifications for electors

Subject to the provisions of article 159, every person may vote at an election if he or she 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. Electoral system

Election of members of the National Assembly shall be by secret ballot.
Subject to the provisions of article 160(2), such number of members of the National Assembly as determined by the Assembly, shall be elected in accordance with the system of proportional representation prescribed by article 160(1).

61. Times for elections under article 60 (2)

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 Commission

Elections shall be independently supervised by the Elections Commission in accordance with the provisions of article 162.

63. Filling of casual vacancies

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 paragraphs (2) and (3) of article 160.

64. Determination of questions as to membership and elections

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. Legislative power

Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Guyana.
The validity of any law made 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. Alternation of this Constitution

Subject to the special procedure set out in article 164, Parliament may alter this Constitution.

67. Attendance of the President in the National Assembly

The President may at any time attend and address the National Assembly.
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 it is received, by the Prime Minister or by any other Minister designated by the President.

68. Regulation of procedure, etc

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. Sessions of Parliament

Each session of Parliament shall be held at such place within Guyana and shall begin at such time (not being later than 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.
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. Prorogation and dissolution of Parliament

The President may at any time by proclamation prorogue Parliament.
The President may at any time by proclamation dissolve Parliament.
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.
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.
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 or 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. Local Government

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.
For this purpose Parliament shall provide for the institution 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. Local Government areas

Parliament may provide for the division of Guyana (save for any areas excluded by it) into ten regions and into such sub-regions and other subdivisions as it may deem fit for the purpose of organising local democratic organs.
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 resources 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.
Municipalities, neighbourhood democratic councils and such other subdivisions shall be provided for under paragraph (1), including village and community councils, where there is the need for such councils and where the people request their establishment, shall be vital organs of local democratic power.

73. Election of members of regional councils

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.
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.
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.

73A. Lower tier of local government to be represented at the tier above

Each local democratic organ shall elect one of its councillors to serve as a member of the local democratic organ immediately above the first mentioned local democratic organ and Parliament shall prescribe the procedure for such election and such other matters as may be necessary in connection therewith.

74. Duties of local democratic organs

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.
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.
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 the rule of law and safeguard the rights of citizens.

75. Power to take decisions

Parliament shall provide that local democratic organs shall be autonomous and take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.

76. Power to raise revenue

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. Regional development programme to be integrated into the national development plans

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.

77A. Parliament to provide criteria for allocation of resources by local democratic organs

Parliament shall by law provide for the formulation and implementation of objective criteria for the purpose of the allocation of resources to, and the garnering of resources by local democratic organs.

78. Local government elections

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.

78A. Local Government Commission

Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.

78B. Representativeness and accountability of local democratic organs to the electorate

The electoral system in respect of local democratic organs below the regional democratic councils shall provide for the involvement and representation of individuals and voluntary groups in addition to political parties and accountability to the electors.

79-81. [Repealed by Act No. 14 of 2000]

82-88. [Chapter VIII repealed by Act 14 of 2000]

CHAPTER IX. THE PRESIDENT

89. Establishment of office of President

There 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. Qualifications for election

A person shall be qualified for election as President and shall not be so qualified unless he or she-
1. is a citizen of Guyana and is Guyanese by birth or parentage as defined in articles 43 and 44;
2. is residing in Guyana on the date of nomination for election and was continuously residing therein for a period of seven years immediately before that date; and
3. is otherwise qualified to be elected as a member of the National Assembly.
A person elected as President after the year 2000 is eligible for re-election only once.
A person who acceded to the Presidency after the year 2000 and served therein on a single occasion for not less than such period as may be determined by the National Assembly is eligible for election as President only once.
In determining continuity of residence, absence from Guyana to-
1. seek medical help;
2. study at a university or an institution of higher learning for not more than four years;
3. work for the Government,
shall be disregarded.

91. Election of President

The President shall be elected by the people in the manner prescribed by article 177.

92. Tenure of office of President

A person assuming the office of President in accordance with the provisions of this Constitution shall, unless his or her office sooner becomes vacant under article 178, continue in office until the person elected to the office of President at the next election held under article 91 assumes office.

93. Removal of President on grounds of incapacity

The President may be removed from office if he or she becomes physically or mentally incapable of discharging the functions of his or her office. The procedure for removing him or her and for ensuring the continued discharge of the functions of his or her office is prescribed by article 179.

94. Removal of President for violation of Constitution or gross misconduct

The President may be removed from office if he or she commits any violation of this Constitution or any gross misconduct. The procedure for removing him or her is prescribed by article 180.

95. Vacancy in office of President

During any period when the office of President is vacant the office shall be assumed by-
1. the Prime Minister:Provided that if the vacancy occurs while the Prime Minister is absent from Guyana or while he or she is by reason of physical or mental infirmity unable to perform the functions of his or her office, the functions of the office of President shall, until the Prime Minister returns or until he or she is again able to perform the functions of his or her 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
2. if there is no Prime Minister, by such Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
3. if there is no Prime Minister and no Cabinet, by the Chancellor.
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 or she is notified by the Prime Minister that the Prime Minister is about to assume the office of President.
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. Discharge of functions of President during absence, illness, etc

Whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he or she 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 the office of President as he or she may specify and the person so authorised shall perform those functions until his or her authority is revoked by the President or until the functions are resumed by the President.
If the President is incapable by reason of physical or mental infirmity of discharging the functions of his or her 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-
1. the Prime Minister; or
2. 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 or her office, such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
3. 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.
Any person performing the functions of the office of President by virtue of paragraph (2) shall cease to perform those functions if he or she is notified by the President that the President is about to resume those functions.

97. Oath to be taken by President

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.
The provisions of the foregoing paragraph shall apply to any person assuming the office of President or performing the functions thereof under article 95, 96 or 179, as the case may be, as they apply to a person elected as President.

98. Remuneration, etc., of President

The remuneration and immunities of the President shall be regulated by articles 181, 182 and 222.

CHAPTER X. THE EXECUTIVE

99. Executive authority of Guyana

The executive authority of Guyana shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him or her either directly or through officers subordinate to him or her.
Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other than the President.

100. Establishment of office of Prime Minister and other Ministerial offices

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. The Prime Minister

The President shall appoint an elected member of the National Assembly to be Prime Minister of Guyana:Provided that a person who is not eligible to be elected as President shall not be eligible for appointment as Prime Minister.
The Prime Minister shall be the principal assistant of the President in the discharge of his or her executive functions and leader of Government business in the National Assembly.

102. Vice-Presidents

The President may appoint Vice-Presidents for the purpose of assisting him or her in the discharge of his or her functions.
If he or she 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 or she shall have precedence over any other Vice-President.

103. Ministers

The Prime Minister and every other Vice-President shall be a Minister of the Government of Guyana.
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 subject to subparagraph (vii) of paragraph (3)(a) of article 160 are qualified to be elected as such members.
Not more than four Ministers and two Parliamentary Secretaries shall be appointed by the President from among persons who are qualified to be elected as members of the National Assembly.

104. Ministerial appointments during dissolution

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, as if Parliament had not been dissolved.

105. Non-elected Ministers to sit in Assembly

A Minister who was not an elected member of the Assembly at the time of his or her appointment shall (unless he or she 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. The Cabinet

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.
The Cabinet shall aid and advise the President in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament.
Cabinet Meetings shall be presided over by-
1. the President;
2. in the absence of the President, the Prime Minister; or
3. in the absence of the President and the Prime Minister, such Minister as the President may designate.
The Cabinet may act notwithstanding any vacancy in its membership or the absence of any member thereof.
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 or she were a member.
The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.
Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.

107. Allocation of portfolios

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; in respect of responsibility so charged, the President shall appoint a Minister or Parliamentary Secretary to be answerable to the National Assembly therefor on his or her behalf:

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. Tenure of office of Ministers

The office of a Minister shall become vacant in the circumstances set out in article 183.

109. Minister’s absence or illness

Whenever any Minister is absent from Guyana or is unable by reason of illness to perform his or her 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. Leader of the Opposition

There shall be an office of Leader of the Opposition, election to which office shall be in accordance with article 184.
Qualifications for election to the office of Leader of the Opposition and other matters connected therewith are regulated by article 184.

111. Exercise of President’s powers

In the exercise of his or her functions under this Constitution or any other law, the President shall act in accordance with his or her own deliberate judgment except in cases where, by this Constitution or by any other law, he or she is required to act in accordance with the advice or on the recommendation of any person or authority.
Where by this Constitution the President is directed to exercise any function on the advice or recommendation of any person or authority, he or she may, in accordance with his or her own deliberate judgment, once refer any such advice or recommendation back for reconsideration by the person or authority concerned, and if that person or authority, having reconsidered the original advice or recommendation, substitutes therefor a different advice or recommendation, as the case may be, the President shall act in accordance therewith; but save as aforesaid he or she shall act in accordance with the original advice or recommendation.

112. Attorney General

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.
Qualifications for appointment to the office of Attorney General and other matters connected therewith are regulated by article 185.

113. Parliamentary Secretaries

The President may appoint Parliamentary Secretaries to assist himself or herself or Ministers in the discharge of their functions.
Qualifications for appointment to the office of Parliamentary Secretary and other matters connected therewith are regulated by article 186.

114. Oaths of Ministers, etc

Every Minister and Parliamentary Secretary shall, before entering upon the duties of his or her office, make and subscribe the oath of office.

115. Permanent Secretaries

Where the President or any Minister has been charged with responsibility for any department of Government, he or she 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. Director of Public Prosecutions

There shall be a Director of Public Prosecutions whose office shall be a public office.
The functions of the Director of Public Prosecutions are set out in article 187.

117. Secretary to the Cabinet

There shall be a Secretary to the Cabinet whose office shall be a public office.
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 or her 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. Sub-committees of Cabinet

Cabinet may establish sub-committees of itself for the purpose of attending to any of its responsibilities.
Cabinet may in particular establish a finance sub-committee of itself to be assisted by experts and advisers, 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. Standing Committees

Subject to any provision made by Parliament, the President may appoint standing committees consisting of such persons as he or she may deem fit for the purpose of reviewing or examining any aspect of national life and making recommendations or otherwise reporting thereon to the Government or to Parliament.

119A. Parliamentary Standing Committee for Constitutional Reform

The National Assembly shall establish a Parliamentary Standing Committee for Constitutional Reform for the purpose of continually reviewing the effectiveness of the working of the Constitution and making periodic reports thereon to the Assembly, with proposals for reform as necessary.
To assist it in its work, the Committee shall have the power to co-opt experts or enlist the aid of other persons of appropriate expertise, whether or not such experts or other persons are members of the Assembly.

119B. Parliamentary Sectoral Committees

There shall be parliamentary sectoral committees established by the National Assembly with responsibility for the scrutiny of all areas of Government policy and administration including-
1. natural resources;
2. economic services;
3. foreign relations;
4. social services.
The Chairperson and Deputy Chairperson of each parliamentary sectoral committee shall be elected from the opposite sides of the National Assembly.

119C. Standing committee to address matters relating to appointment

There shall be a standing committee of the National Assembly which shall have responsibility for initiating or otherwise taking such action or addressing such matters as may be entrusted to the Committee by the National Assembly in respect of functions required to be discharged by the Assembly under the Constitution in relation to the appointment of a member of a Commission established under the Constitution.

119D. Parliamentary Oversight Committee on the Security Sector

There shall be a standing Committee of the National Assembly to be named the Parliamentary Oversight Committee on the Security Sector and it shall have responsibility for examining the policies and administration of the entities in the security sector, namely, the Disciplined Forces of Guyana.
To assist in its work, the Committee shall have the power to co-opt experts or enlist the aid of other persons of appropriate expertise, whether or not such experts or persons are members of the National Assembly.

120. Constitution of offices

Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Guyana, make and terminate appointments to such offices, save that where the constitution of, and making of appointments to, such offices involve expenditure chargeable to the Consolidated Fund, such expenditure shall be subject to the approval of the National Assembly.

121. Prerogative of Mercy

The Prerogative of Mercy shall vest in the President and shall be exercised by him or her in accordance with the provisions of articles 188, 189 and 190.

122. Ombudsman

There shall be an Ombudsman for Guyana.
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 Judicature

122A. Independent Judiciary

All courts and all persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control.
Subject to the provisions of articles 199 and 201, all courts shall be administratively autonomous and shall be funded by a direct charge upon the Consolidated Fund; and such courts shall operate in accordance with the principles of sound financial and administrative management.

123. Establishment of Supreme Court of Judicature

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.
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.
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.
Parliament may make such provision as it deems fit authorising any court of appeal for the Caribbean to be the final court of appeal for Guyana.
Where a court referred to in paragraph (4) is established and becomes the final Court of Appeal for Guyana, such court shall remain the final Court of Appeal for Guyana, unless Parliament, by a vote of no less than two-thirds of all the elected members of the Assembly, makes provision for Guyana to withdraw from such court.

124. Constitution of Court of Appeal

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. Constitution of High Court

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. Interpretation

Except as otherwise expressly provided or required by the context, in this Constitution the word “Judge” includes the Chancellor, the Chief Justice, a Justice of Appeal, a Puisne Judge and a part-time Judge.

127. Appointment of Chancellor and Chief Justice

The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.
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 or her office, or if the person holding the office of Chief Justice is for any reason unable to perform the functions of his or her 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 shall be appointed by the President after meaningful consultation with the Leader of the Opposition.

128. Appointment of Justices of Appeal and Puisne Judges

The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President who shall act in accordance with the advice of the Judicial Service Commission.
If-
1. the office of any such Judge is vacant;
2. any such Judge is for any reason unable to perform the functions of his or her office;
3. any such Judge is acting as Chancellor or Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or
4. the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires,
the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require.
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.

128A. Appointment of part-time Judges

Part-time Judges may be appointed by the President, who shall act in accordance with the advice of the Judicial Service Commission.
Parliament may by law determine the terms and conditions of appointment of part-time Judges.

129. Qualifications of Judges

A person shall not be qualified to be appointed to hold or to act in the office of a Judge unless-
1. he or she is or has been 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
2. he or she 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.
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. Attendance of additional Judge in Court of Appeal and High Court

Parliament may make provision for the exercise of-
1. 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
2. the jurisdiction and powers of a Puisne Judge by such Justice of Appeal as may be requested by the Chancellor to sit as an additional Puisne Judge.
Article 132 shall not apply to a Justice of Appeal or a Puisne Judge in the carrying out by him or her of any function pursuant to paragraph (1).

131. Tenure of office of Judges

Judges shall have full security of office as provided for in article 197.

132. Oaths of Judges

A Judge shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of office.

Appeals

133. Appeals on constitutional questions and fundamental rights

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-
1. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution; and
2. final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which relates to the enforcement of fundamental rights and freedoms).
Nothing in paragraph (1) shall apply to the matters for which provision is made by article 163.

CHAPTER XII. THE SERVICE COMMISSIONS

134. The Judicial Service Commission

There shall be a Judicial Service Commission for Guyana.
The composition and functions of the Judicial Service Commission are set out in articles 198 and 199.

135. The Public Service Commission

There shall be a Public Service Commission for Guyana.
The composition and functions of the Public Service Commission are set out in articles 200 to 205 (inclusive).

136. The Teaching Service Commission

There shall be a Teaching Service Commission for Guyana.
The composition and functions of the Teaching Service Commission are set out in articles 207, 208 and 209.

137. The Police Service Commission

There shall be a Police Service Commission for Guyana.
The composition and functions of the Police Service Commission are set out in articles 210, 211 and 212.