Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795784213.pdf (Guyana)
CONSTITUTION (No.

4) ACT 2001 GUYANA ACT No.

6 of 2001 (AMENDMENT) ARRANGEMENT OF SECTIONS I assent.

BHARRATJAGDEO President, 7th August, 200 I SECTION of the Preamble of the Constitution.

13 of the Constitution.

14 of the Constitution.

15 of the Constitution.

16 of the Constitution.

17 of the Constitution.

of the Constitution.

of article of article of article of article of article of artic!e of Chapter of article of article of article of article I .

Short title.
Short title.

2.Repeal and re-enactment 3.Alteration 4.Repeal and re-enactment 5.Repeal and re-enactment 6.Repeal and re-enactment 7.Repeal and re-enactment 8.Repeal and re-enactment 9.Alteration I 0.

Alteration I I .
Alteration I I .

A Iteration 12.Alteration 13.Alteration 14.Alteration 15.Insertion 16.A Iteration 17.Alteration 18.Alteration 19.Alteration 20.Alteration 21.Alteration 22.Alteration 23.Insertion 24.Alteration of article of article of article of article of article of article of articles of new article of new article of article 118 of the Constitution.

XI of the Constitution.

123 of the Constitution.

126 of the Constitution.

127 ofthe Constitution.

128 ofthe Constitution.

128A in the Constitution.


146 of the Constitution.

153 of the Constitution.

197 of the Constitution.

198 of the Constitution.

199 of the Constitution.

203 of the Constitution 218, 219 & 220 of the Constitution.

.

222A in the Constitution.

223 of the Constitution.

Second Schedule Third Schedule PHJCJ<: $ 460,00 TO BE PURCHASED FROM THE OFFICE OF THE PRESIDENT, GEORGETOWN.

PRINTED BY G.N.P.L.

No.


6] FHE LAWS OF GUYANA [A.D. 2 AN ACT to alter the Constitution in accordance with Articles 66 and 164.

A.D. 2001Enacted by the Parliament of Guyana:- Short title.

1.

This Act may be cited as the Constitution (Amendment) (No.If) Act 2001.

2.

The Preamble of the Constitution and the is hereby repealed following Preamble substituted - therefor Repeal and re-enactment of the P,reamble of the Constitution.

WE.
WE.

THE GUYANESE PEOPLE, "PREAMBLE Proud heirs of the indomitable proclaim cooperation.
will of our forebears, in order to: this Constitution in a spirit of reconciliation and Safeguard bequeathed and build us by our forebears; on the rich heritage, won through tireless struggle, Affirm our sovereignty, our independence and our indissolubility; Forge a system of governance participation a harmonious human rights, in national community and the rule of law; decision-making based on democratic in order to develop social values, that promotes concerted effort and broad-based economy and fundamental a viable justice, Celebrate eliminating and strengthen any and every form of discrimination; our cultural and racial diversity our unity by Value the special right as citizens communities; place in our nation to land and security of the Indigenous and to their promulga and recognise their for their tion of policies Peoples the aspirations that the future of our young people of Guyana belongs which respects to live in a safe society Acknowledge have declared aspire rights, opportunities, ensures races to live in harmony binding on recognises their potential, a healthy listens environment their dignity, to their voices, and encourages our institutions and be a part of the context of all people will be of our basic law; who, in their own words.
to its young people.

who their protects provides and peace and affirm that their declaration A.O.)

CONSTITUTION (No.

-I) (AMENDMENT) [No.

6 3 Demonstrate endowment; our commitment to protect our natural environment and community Create a republican industry, are global factors affecting must benefit.
education, all in which all must engage communications, practically business aware that the finances, and technolo gy of the world and from which al I we adopt these fundamental of Guyana, As citizens their amendment quest for a perfect and other principles to reflect liation, whose characteristics in this preamble.

proclaimed in our society, include future changes laws and make provision for by our collective inspired the commitments, concepts.

May God protect our people.".


Alteration of the Constitution.

3.

The Constitution is hereby altered as follows- (a) (b) (c) Second Schedule (d) in article Arrow Head", the words "as set out in the Second Schedult'··: after the words ·'The Golden 4. by the insertion immediately in article "Constitution", after the word .

the words "as set out in the Second Schedule .


: 5. by the insertion immediately in article of Guyana", 6, by the insertion the words "as immediately set out in the Second Schedule after the words "Green Land .

.

: by the insertion 6A- immediately after article 6 of the following as article ''The Pledge.

6A.

The National State is the pledge the Second Schedule"; of the Pledge as set out in ( e) in article 7. by the insertion ir.,mediately after the word "anthem··.

the words.

".the national pledge''.


4.

Article 13 of the Constit therefor substituted following article ution is hereby repealed and the Repeal and re-enactment article the Constitution.

13 of "Objective of System.

political objective e;f the poli1ical of the State is to establish 13.The principal system democracy for the participation organisations an inclusionary ing opportunities increas of citizens and t11eir .

and decision- in the management by providing No.

6] TF-fE,LAWS OF GUYANA [A.O.


4 making processes emphasis directly on those areas of decision-making with particular that of the State, affect their well-being.".

5.

Article article following substituted - therefor 14 of the Constitution and the is hereby repealed Repeal and re­ enactment of 14 of article the Con�titution.

"Goal of economic development.


includes system capable goal of ecoromic development promoting and of competitive competitive sustainable of a global of creating, an economic and maintaining in the context 14.The the objective encouraging achieving advantage by fostering environment, and group initiative individual strategic with domestic alliances in the private business partners entrepreneurship, and creativity, and global sector.".

and 6.
and 6.

Article article following substituted therefor 15 of the Constitution and the is hereby repealed Repeal and re­ enactment of 15 of article the Constitution.

"Further goal of economic development.

the objective possible cultural .

development the material basis satisfaction 15.The goal of economic includes of laying for the greatest growing material, stable well as the dynamically creativity, personality, entrepreneurial cooperative in a plural intervene on individuals society.
any deleterious effects or groups of individuals.

skills.

and The State shall of competition of the people's as requirements, of their development and intellectual relations to mitigate ''.

Repeal and re­ of enactment 16 of the article Constitution.

7.

Article article following substituted - therefor 16 of the Constitution and the is hereby repealed to foster ''State forms of development.
of and of business forms of cooperation of the goals of as are seen to be supportive 16.The State shall foster the development such relevant entities economic development in articles as stated 14 and Is.··.

Repeal and re­ enactment of l 7 of the article Constitution.

8.

Article - following article substitut ed therefor 17 of the Constitution and the i·s hereby repealed "Private enterprise.

17.

Privately recognised.


their conformity statedor impliedin owned economic and shall be facilitated enterprises are with in accord with the aims and objectives articles 13.14.

ISand 16.''

A.O.]

CONSTITUTION (AMENDMENT) (No.

4) ' [No.

6 5 of Alteration 118 article ofthe Consti�tion.

9.

Article of the words ",including of the Constitution is hereby General".

the Auditor 118(2) deletion altered by the Alteration of Chapter XI of .

the Constitution insertion Judicature" l 0.


Chapter immediately of the following article- XI of the Constitution is hereby "The Supreme below the heading alter,:d Court of by the "Independent Judiciary.

122A.

( l) All courts and all persons their shall the courts functions exercise the control of any other person and direction and shall and any other form of direction be free and independent and control.
presiding over independently of or authurity; from political, executive (2)Subject shall to the provisions 199 of articles autonomous be administratively and 201, all courts and shall be funded by a direct Consolidated accordance administrative Fund; and such courts with the principles management.".

charge shall in operate and of sound financial upon the Alteration of article 123 of the Constitution.
l l. Article immediately 123 of the Constitution is hereby after paragraph (3) thereofof by the altered the following paragraphs- insertion "( 4) Parliament as it deems fit may make such provision as the or to be established.

any court established, to be the final court of for the Caribbean authorising final court of appeal appeal for Guyana.

(5) Where a court referred to in paragraph (4) is established such court and the final Court of Appeal for Guyana.
becomes shall remain Parliament, elected members Guyana to withdraw the final Court of Appeal for Guyana.

of all the by a vote of no less than two-thirds for of the Assembly, from such court.".

makes provision unless of Alteration article 126ofthe Constitution.

12.Article substitution the words "Puisne the Chief Justice.

for the words beginning with the word "Judge" Judge.''

of the words·' "Judge" includes and ending with the Chancellor, a Justice of Appeal, a Puisne Judge and a part-time Judge.''.
,is hereby 126 of the Constitution altered by the 6 TIIE LA IVS OF GUYAN:-l [A.O.

13.

Article 127 of the Constitution is hereby altered as follows- Alteration of article Constitution.
127 of the (a) by the substitution for paragraph (1) thereofofthe following paragraph "( 1) The Chancellor shall and the Chief Justice by the President, acting of each be appointed after obtaining the agreement the Opposition: of the Leader (b) by the substitution in paragraph words "may be appointed words ·'shall meaningful Opposition".

be appointed consultation with the Leader of the (2) thereof for the of the by the President" by the President after Alteration of article 128 of the Constitution.
14.Article is hereby 128 of the Constitution altered as follows- (a)by the substitution for paragraph (I) thereof.

of the following paragraph - "( 1) The Judges, other than the Chancellor shall be appointed Justice, act in accordance Service Commission.
"; by the President with the advice of the Judicial and the Chief who shall (b) in paragraph(2hhereof, the Judicial for the by the substitution in accordance with the may:' of Commission with and" acting words "the President, advice of Service the words "the President the adv/cc of the Judicial Service and by the substitution full stop; shall act in accordance for the colon at the end of a Commission (c) by the deletion of the proviso to paragraph (2) Insertion of 128A new article in the Constitution.
is hereby 15.The Constitution 128 of the following after article immediately article al tercd by the insertion - '·Appointment of part-time Judges.

128A ( 1) Part-tirrie by the President, who the advice Judges may be appointed shall act in accordance with Commission.

of the Judicial Service A.O.]

CONSTITUTION (No -I) (AMENDMENT) [No.

6 7 (2)Parliament may by law determine the terms and conditions Judges.".

of appointment of part-time Alteration of article of the Constitution.

146 16.
146 16.

(a) in paragraph (2) - Article 146 of the Constitution - is hereby altered as follows (i) by the substitution for the full stop at the end ( c) of a semicolon; of subparagraph (ii)by the insertion immediately of the following after subparagraph subparagraph (c)- restrictions upon any institution.
party from taking "( d) that imposes person, political or advancing, any idea, which may supporting in racial or ethnic divisions among people body, authority or any action result the disseminating of Guyana.·· .

or (b) by the insertion following - paragraph immediately (2) of the after paragraph "(3) Freedom to hate speeches of expression relate whatever form, capable ill-will persons.".

in this article does not in or other expressions.


or hostility of exciting any person or class of against Alteration of 153 of article the Constitution.

17.

Article l 53 of the Constitution is hereby altered as follows - (a) by the substitution for paragraph (I) of the following paragraph to the p,rovisions a person acting of paragraph on behalf (6).

if of including who is not acting acting on behalf (I) "Subject any person, another a person acting the provisions of articles been.
is being, or is likely in his or her own name, or on behalf of a group or an association of its members.

alleges that any of has 138 to 151 (inclusive) to be contravened in 8 THE LAWS OF GUYANA (A.O.

if any other person alleges in relation to him or her ( or in the case of a person who such a relation is detained.

contravention without the same matter which is lawfully person or association to the High Court for redress.
"; to the to any other action then, person) to with respect available, that may apply ( or that other person) prejudice detained (b)by the substitution paragraph ··(inclusive)" in stop; immediately after the word of a full (2), for the colon, ( c) by the deletion of the proviso to paragraph (2 ).

Alteration of article 197 of the Constitution.

18.
18.

Article is hereby 197 of the Constitution - altered as follows (a)by the substitution for paragraph (2) of the following - paragraphs .. (2) With effect from the commencement a person holding the office of Judge on the said - on attaining commencement shall vacate that office of this paragraph, (a) in the case of a Puisne Judge, the age of sixty-two (b) years; in the case of any other Judge, other than the Chancellor, years; the age of sixty-five (c) in the case of the Chancellor.
the age of sixty- and eight years.
(2A) A person appointed commencement attaining of this paragraph to the office of Judge after the shall vacate that office - (a) in the case of a Puisne Judge, the age of sixty­ (b) and five years; in the case of any other Judge, the age of sixty­ eight years:· ( b) by the insertion in paragraph ( 3) immediately after the word "misbehaviour·' not writing give decisions as may be specified therefor by Parliament"': of the words .. or for persistently o,r for continuously to failing such time decisions and reasons within (c) by the insertion immediately after paragraph (9) of the following - paragraph A.O.]
CONSTITUTION (AMENDMENT) (No -I) [No.

6 9 "( l 0) It is in the interest of the State to provide such terms and conditions of service.

including superannuation benefits.

for Judges that on retirement there would be no need for them to practise at the Bar.".

Alteration of article 198 of the Constitution.

19.

Article l 98 (2) of the Constitution is hereby altered as follows ( c) (b) (c) in the opening part, by the deletion of the words ",acting after consultation with the Minority Leader.
''; by the insertion in subparagraph (a) immediately after the words "any such court'' of the words ·',acting after meaningful consultation with the Leader of the Opposition"; by the substitution in subparagraph (b) for all the words after the words ·'practice.''

of the words "after the National Assembly has meaningfully consulted such bodies as appear to it to represent attomeys-at­ law in Guyana and signified its choice of members to the President:" .

Alteration of article 199 of the Constitution.

20.
20.

Article 199 of the Constitution is hereby altered by the substitution for paragraph (3) thereo( of the following paragraph - "(3) This article applies to the office of Commissioner of Title.

Magistrate.

Director of Public Prosecutions.

Deputy Director of Public Prosecutions.

Registrar of the High Court.

Deputy Registrar of the High Court, Registrar of Deeds.
Deputy Registrar of Deeds and to such other offices (not being offices in respect of which provision for the making of appointments is made by any provision of this Constitution other than article 20 I) connected with the courts of Guyana or for appointment to which legal qualifications are required as may be prescribed by Parliament.".

Alteration of article 203 of the Constitution.

21.
21.

Article 203 of the Constitution is hereby altered as follows - (a) (b) by the deletion of paragraphs ( 1) and (6): by the substitution.

in paragraph (2) - No.

6] THE LAWS OF GUYANA [A.O.

10 (i) (ii) for the word "Director" of the words "Director of Public Prosecutions (in this Article referred to as "'the: Director")"; for the words "the President.

acting in accordance with the advice of the Public Service Commission, tendered as aforesaid."
of the words "the Judicial S(..rvicc Commission"; ( c) (d) by the substitution, in the proviso to paragraph ( 4 ), for the words "the President.
acting after consultation with the Minority Leader" of the words "the Judicial Service Commission"; by the substitution in paragraph (5), for the words "Prime Minister or the Chairman of the Public Service Commission'' of the words ''Chairperson or the Judicial Service Commission" and for the words ''Public Service Commission" of the words ·'Judicial Service Commission".

Alteration of artielcs 218, 219,220 of the Constitution.

lnsertion of new article 222A in the Constitution.

22.

Articles 218.
22.

Articles 218.

219 and 220 of the Constitution arc hereby altered by the substitution for the words ''Prime Minister" wherever the:,.

appear of the words "Minister responsible for finance".

23.

The Constitution is hereby altered by the insertion immediately after article 222 of the following article as art1clc 222:\- ·'Overarching clause on financial autonomy.

222A.

In order to assure the independence of the entities listed in the Third Schedule- Third Schedule.
(a) the expenditure of each of the entities slull be be financed as a direct charge on the Consolidated Fund, determined as a lump sum by way of an annual subvention approved by the National Assembly ai'tcr review and approval of the entity's annual budget as a part or the process of the determination of the national budget; A.O.]

CONSTITUTION (No.

4) (AMENDMENT) [No.
6 11 (b)each entity shall manage its subvention in such manner as it deems fit for the efficient of its functions, discharge conformity with procedures Assembly revenues Fund; only to subject practices and by the National accountability; shall be paid into the Consolidated the financial approved to ensure and all (c)the terms and conditions destined applicable to grants shall for the entities and donations shall be by, and disbursements be approved made through, such appropriate government agency or departme by the nt as determined Assembly.".
National Alteration of article 24.

Article 223 of the Constitution is hereby altered as follows - 223 of the Constitution.

(a) in article responsible National Assembly"; for finance", 223 (3) by the substitution for the words "Minister of the words "Speaker or the (b)by the substitution for paragraph (4) of the following - paragraph "( 4) In the exercise of his functions Constit ution, to the direction the Auditor or control General shall of any person under this not be subject or authority.
"; ( c) by the insertion immediately after paragraph ( 4) of the - following paragraphs "(5) The Public grneraJ Corrunittee Accounts over the functioning may exercise of the office of the in accordance with the Rules.

or Manual for the functioning by the as prepared supervision General Auditor Policies and Procedures the office of the Auditor General Committee.

Auditor and apprqved by the Pub1ic Accounts G_eneral (6)The Auditor General Committee Accounts on the performance Public basis.
of the Auditor and submit to reports.

and operation the on a qunrterly of the oflice shall prepare General.

No.

6] Tf-1£ LAWS OF GUYANA [AD.

12 (7)The Auditor General an Annual Systems and Financial respect to the office of the Auditor Public Accounts Committee.
shall submit annually a copy of Audit Repon with General to the (8) [n this article - ( a) ·'Pubhc Accounts Committee" by means the Committee established Public Accounts order 70 (2) of the Standing National Assembly; and Orders of the (b) "public accounts of - accounts of Guyana" includes the (i) all central and local government bodies and entities; {ii) all bodies and entities State has a control i n which the and ling interest; (iii)all projects funded grants by any foreign State or organisation.''.
by way ofloans or A.D.] CONSTITUTION (AMENDMENT) (No 4/ [No.

6 Second Schedule Articles 4.

5.

6 and 6A 1.

2.

3.

4.

The National Flag The Coat of Arms The National Anthem The National Pledge 13 1 4 C, ... II .r:.

C, 0 "O II C: '­..c{ � 0 .c "C • ns :, >, ns C ns N o .

6 J I ff- L L A W S O F G U Y A N A u 0 ,; I ... ct 0 I .. E ., .

a .

a �....5 a • - ..C s • "' a .... �•C ; , � !

_ � .

- • � !

- : D - ;;; E !

.

.

.

C • .. : C n !

.

E : • l: , a e 0 • i 0 � .

C Ci .

t .

-; • .

.


• .. '" :: � u C E 5 E s ... .

r. C � .

ii " a •... ?

i 5 � !

• • " = .

,; "' C - .

; E .

- • 0 C ; " .. C 0 = '?

V !.

• � : .. ;: !

0 .. a :; t:•..•" [ A O .

.

a !

!

� E 0 C • :, " > <( z 4( 4( z i= 0 z 4( .J <( t ­z :t Iii � .

1 ( i J I l I J S t j ;:> , c I 1 .

: 1 � · Jr I I .I I a.I I .J J 1 - .

� J .. l i J l I I s j .. 1 t J .. l I .

i) - _ ; _ i--i-=- b - .

� ....:.

1 - • - Q --:::;;;_ � - ,: , - � '- -.

- .- • - -, J I .. !


i I .. r .

� I I I I- i- - r- I) - - r"' C ! ]

., .

.. t I J 1 1 'I I J A 1 " 1 I l t r t I 1 I I 1 i .j r l I 1 f i 4 .

1 j · , ' .I j f I I I ] .. 1 j .

A D .

J .

C O 'V S T !

T U T O N !

1 5 ( A A I E V D A f E V T !

r \ u -/ 1 [ N o .

6 No.

6] THE LAWS OF GUYANA [A.O.

16 The National Pledge ( pledge myselfto honour always the flag of Guyana.

and to be loyal to my country, to be obedient to the Jaws of Guyana.
to love my fellow citizens, and to dedicate my energies towards the happiness and prosperity of Guyana.

Thim Scbeduk Article Z22A Entities The Etlmic Relations Commission The Hwnan Rights Commission The Women and Gender Equality Commission The Indigenous Peoples' Commission The Rights of the Child Commis-mn The Judiciary The Office of the Auditor General Passed by the National Assembly on 21 51 June, 200 I.

(BILL No.

7/2001) FA.

Narain, Clerk of the National Assembly.