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CHAPTER 1:01
CONSTITUTION OF THE CO-OPERATIVE REPUBLICOF GUYANA ACTARRANGEMENT OF SECTIONSSECTION

1. Short title.
2. Interpretation.
3. Constitutional Instruments (including the existing Constitution)
repealed.
4. Appointed day.
5. Exercise of powers of Parliament before appointed day.
6. Exercise of power of President before appointed day.
7. Existing laws.
8. Parliament.
9. Standing Orders.
10. President.
11. Prime Minister.
12. Ministers, Attorney General, Parliamentary Secretaries, etc.
13. Cabinet.
14. Supreme Court of Judicature.
15. Existing officers.
16. Oaths.
17. Commissions.
18. Continuation of proceedings.
19. Local democratic organs.
20. Amendment of certain provisions of Amerindian Lands
Commission Act.
21. Electoral districts and list of electors.
22. Amendment of this Act.
SCHEDULE__________AN ACT to enact a new Constitution of the Co-operative
Republic of Guyana, to repeal the Guyana Independence

2 of 1980

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Constitution

Act 1966, the Guyana Independence Order 1966, and theexisting Constitution, and to provide for matters incidental
thereto or connected therewith.
[20th February, 1980.]

Short title.

Interpretation.

1. This Act may be cited as the Constitution of the Co-operative
Republic of Guyana Act.
2. (1) In this Act—“appointed day” means the day fixed for the coming into operation of theConstitution by a proclamation issued under section 4;“the Constitution” means the Constitution set out in the Schedule;“the existing Assembly” means the National Assembly constituted
under the existing Constitution;“the existing Constitution” means the Constitution in force immediately
before the appointed day;“existing laws” means all laws which had effect as part of the law of
Guyana immediately before the appointed day and includes any
Act or other written law made before that day and coming into
force on or after that day;“the existing Parliament” means the Parliament which enacted this Act;
“service commission” means the Public Service Commission, the Police
Service Commission, the Judicial Service Commission or the
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and, save where the context otherwise requires, expressions used in
sections 1 to 22 (inclusive) have the same meaning as in the Constitution
and the provisions of article 232 thereof shall apply for the purpose ofinterpreting those sections as they apply for the purpose of interpreting
the Constitution.
(2) References in article 133 of the Constitution to any question
as to the interpretation of the Constitution shall be construed as includingreferences to any question as to the interpretation of any provision of thisAct.
3. Subject to the provisions of this Act, on the appointed day all theprovisions of the Guyana Independence Act 1966, the Guyana
Independence Order 1966 (in so far as they form part of the law of
Guyana) and the existing Constitution are repealed and thereupon theConstitution shall have effect as the supreme law of Guyana in place ofthe existing Constitution.

Constitutional
Instruments(including theexisting
Constitution)
repealed.

4. The President shall by proclamation fix a day, being a day notlater than 6th October, 1980, for the coming into operation of theConstitution.

Appointed
day.

5. At any time after the enactment of this Act, the existing
Parliament may for the purpose of enabling the Constitution to function
on and after the appointed day exercise any of the powers conferred on
the Parliament established by the Constitution.

Exercise of
powers ofParliament
beforeappointed day.

6. The power conferred by section 7(2) to make orders may be
exercised by the President under the existing Constitution at any timeafter the enactment of this Act to such extent as may, in his opinion, be
necessary or expedient to enable the Constitution to function on andafter the appointed day.

Exercise of
power ofPresident
beforeappointed day.

7. (1) Subject to the provisions of this Act, the existing laws shallcontinue in force on and after the appointed day as if they had been madein pursuance of the Constitution but shall be construed with suchmodifications, adaptations, qualifications and exceptions as may benecessary to bring them into conformity with this Act.

Existing laws.

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Constitution(2) The President may by order made at any time within the
period of three years next after the commencement of the Constitution
make such modifications to any existing law as may appear to him to benecessary or expedient for bringing that law into conformity with theprovisions of this Act or otherwise for giving effect or enabling effectto be given to those provisions.
(3) Anything done under any existing law before its modification
by or under this section which would, but for this subsection, cease by
virtue of that modification to have effect, shall continue to have effectas if done under that law as so modified.
(4) Where any matter that falls to be prescribed or otherwise
provided for under the Constitution by Parliament or by any otherauthority or person is prescribed or provided for by or under any existinglaw (including any amendment to any such law made under this section)or is otherwise prescribed or provided for immediately before theappointed day by or under the laws repealed by section 3, thatprescription or provision shall, on and after that day, have effect (withsuch modifications, adaptations, qualifications and exceptions as may benecessary to bring it into conformity with this Act) as if it had been madeunder the Constitution by Parliament or, as the case may require, by theother authority or person.
(5) All enactments passed or made by any Parliament or person
or authority under or by virtue of the Guyana Independence Order 1966
and the existing Constitution and not before the appointed day declaredby a competent court to be void by reason of any inconsistency with any
provision of the existing constitution and that are not repealed, lapsed orspent or that had not otherwise had their effect, shall be deemed to havebeen validly passed or made and to have had full force and effect as partof the law of Guyana immediately before the appointed day even if any
such enactments were inconsistent with any provision of the existing
Constitution.
(6) Without prejudice to the generality of the foregoing provisionsof this section, if a proclamation of emergency is in force under article
16 of the existing Constitution immediately before the appointed day by
virtue of a resolution of the existing Assembly, the proclamation shall on

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and after that day have effect as if it had been made under article 150of the Constitution and (without prejudice to its continuance in force forfurther periods by virtue of the provisions of paragraph (3)(c) of the said
article 150) as if its continuance in force to the date referred to in that
resolution had been approved by a resolution passed by the National
Assembly under the provisions of paragraph (3)(c) of the said article
150; and if any person is on the appointed day detained or restricted in
the manner referred to in article 151 of the Constitution the provisionsof that article requiring his case to be reviewed by a tribunal established
for the purpose of that article not later than three months from thecommencement of the detention or restriction shall, in relation to that
person, have effect as if the detention or restriction had commenced on
the appointed day.
(7) The provisions of this section shall be without prejudice to any
powers conferred by any law upon any person or authority to makeprovision for any matter, including the making of modifications to any
existing law.
(8) In this section “modification” includes amendment,
adaptation or other alteration authorised by subsection (1).
(9) For so long as the legal profession in Guyana continues to be
divided into barristers and solicitors, any reference in the Constitution toa lawyer, however described, shall be deemed to be a reference to an
advocate or a legal adviser or a barrister or a solicitor, as the case may
be, in the corresponding provision of the existing Constitution.
8. (1) Notwithstanding any difference between the composition of
the existing Assembly and that of the National Assembly established by
the Constitution, with effect from the appointed day and until the
National Assembly sits for the first time after the first election held
pursuant to the provisions of article 60(2) of the Constitution, but subject
to subsection (5), the existing Assembly shall be deemed to be the
National Assembly established by the Constitution (referred to in thissection in respect of that period as “the transitional National
Assembly”).

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Constitution(2) Without prejudice to the generality of subsection (1), thepersons who immediately before the appointed day were members of
the existing Assembly shall with effect from that day be members of thetransitional National Assembly, and all questions concerning
membership and functioning of the transitional National Assembly shallbe regulated as nearly as may be practicable by the existing law
applicable in the like case to the existing Assembly.
(3) All matters pending before the existing Assembly
immediately before the appointed day may be continued and completed
by the transitional National Assembly.
(4) Unless and until the transitional National Assembly otherwise
resolves, any person who is a member of that Assembly by virtue ofsubsection (2) shall be deemed to have made and subscribed before theAssembly the oath referred to in article 167 of the Constitution.
(5) Unless sooner dissolved by the President pursuant to theprovisions of article 70 (2) of the Constitution, the Parliament constitutedby the President and the transitional National Assembly shall standdissolved on 26th October, 1980.
(6) The first election of members of the National Assembly
pursuant to the provisions of paragraphs (3) and (4) of article 60 of theConstitution shall be held on such day as the President may byproclamation appoint, being a day which he considers to be as early aspracticable after the holding of the first election of members of theregional democratic council or of the National Congress of Local
Democratic Organs, as the case may be.
(7) All moneys granted, voted or appropriated by the existing
Assembly in respect of the services of Guyana for the current financial
year shall be deemed to have been granted, voted or appropriated by the
National Assembly established by the Constitution and in accordancewith the Constitution.
Standing
Orders.

9. The rules and orders of the existing Assembly as in force
immediately before the appointed day shall, until it is otherwise provided
for under article 165 and article 173 of the Constitution, as the case may

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be, be the rules of procedure of the National Assembly and of theSupreme Congress of the People established under the Constitution, butshall be construed with such modifications, adaptations, qualifications
and exceptions as may be necessary to bring them into conformity with
the Constitution.
10. (1) The person who immediately before the appointed day holds
the office of Prime Minister under the existing Constitution shall, subject
to the provisions of article 97 of the Constitution (relating to the takingof an oath by the President), assume office as President of the Cooperative Republic of Guyana that day as if he had been elected thereto
in pursuance of the provisions of the Constitution and shall, unless hesooner dies or resigns or unless he ceases to hold office by virtue ofarticles 93 and 94 of the Constitution, continue in office until the person
elected President in the next following Presidential election held for the
purposes of article 91 of the Constitution assumes office.

President.

(2) On the assumption of his office pursuant to subsection (1) the
first President of Guyana shall cease to be a member of the National
Assembly and his seat shall thereby become vacant and may be filled
as nearly as practicable in accordance with the provisions of article 70of the existing Constitution.
11. Until a Prime Minister is appointed under article 101 of theConstitution, the person who immediately before the appointed day holds
the office of Minister under the existing Constitution which, howeverstyled, ranks next in seniority after the office of Prime Minister and who
is an elected member of the existing Assembly shall, on and after thatday, hold the office of Prime Minister as if he had been appointed thereto
under that article.

Prime
Minister.

12. (1) Subject to the provisions of sections 10 and 11, the persons
who immediately before the appointed day held office as Minister (otherthan as Prime Minister), Attorney General, Parliamentary Secretary,
Speaker, Deputy Speaker or Leader of the Opposition shall, on and afterthat day, hold the corresponding office established by the Constitution as
if they had been appointed or elected thereto, as the case may be, in
accordance with the provisions of the Constitution.

Ministers,
Attorney
General,Parliamentary
Secretaries,
etc.

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Constitution(2) Any person holding the office of Prime Minister or of Ministerby virtue of the provisions of section 11 or of subsection (1) of this section
respectively who, immediately before the appointed day, was assigned
responsibility under the existing Constitution for any business of theGovernment of Guyana, including the administration of any departmentof Government, shall, on and after that day, be deemed to have been
assigned responsibility therefor under article 107 of the Constitution.
Cabinet.

13. Subject to paragraph (1) of article 106 of the Constitution, every
person who does not otherwise become a member of the Cabinet
established by the Constitution but who immediately before theappointed day is a member of the Cabinet under the existing Constitution
shall on and after that day be a member of the Cabinet established by
the Constitution as if he had been appointed thereto under thatparagraph.

Supreme Courtof Judicature.

14. (1) The Supreme Court of Judicature in existence immediately
before the appointed day shall on and after that day be the Supreme
Court of Judicature for the purposes of the Constitution as if it were
established thereunder.
(2) Any decision given before the appointed day by any court
forming part of the Supreme Court of Judicature in existence
immediately before that day shall, for the purpose of its enforcement or
for the purpose of any appeal therefrom, have effect on and after thatday as if it were a decision of the corresponding court established by theConstitution.

Existing
Officers.

15. (1) Subject to the provisions of this Act, every person who
immediately before the appointed day holds or is acting in a public officeshall, on and after that day, hold or act in that office or the corresponding
office established by the Constitution, as the case may be, as if he had
been appointed to do so in accordance with the provisions of theConstitution:
Provided that any person who, under the laws repealed by section
3 or any other existing law, would have been required to vacate his officeat the expiration of any period shall vacate his office at the expiration ofthat period.

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Cap. 1:01(2) Subsection (1) shall apply in relation to the offices ofChancellor, Chief Justice, Justice of Appeal, Puisne Judge,
Ombudsman, Clerk and Deputy Clerk of the National Assembly and,subject to section 17, to the offices of Chairman, Deputy Chairman (ifany) and member of the Judicial Service Commission, the Public Service
Commission, the Police Service Commission, the Teaching Service
Commission and the Elections Commission as if those offices were
public offices.
16. Any person who holds or acts in any office on the appointed day
by virtue of the provisions of section 11, 12 or 15 shall be deemed to havetaken any necessary oath under the Constitution or any other law:Oaths.

Provided that the President may, at any time on or after theappointed day, require any such person to take any oath required as
aforesaid.
17. (1) Until the expiration of the period of three months next after
the day on which the first election after the appointed day has been held
pursuant to the provisions of article 61 of the Constitution or until
dissolved by a proclamation issued by the President, whichever shall thesooner occur, the service commissions and the Elections Commission as
constituted immediately before the appointed day shall on and after thatday be deemed to be the corresponding commissions under theConstitution notwithstanding any difference in composition under the
existing law and under the Constitution, and any appointments tovacancies in membership and other matters relating thereto shall bemade and regulated as nearly as may be practicable in accordance withthe existing law.

Commissions.

(2) Any power of a service commission which immediately
before the appointed day is validly delegated to any person or authority
shall. to the extent that that power could be delegated under theConstitution to such person or authority, be deemed, on and after thatday, to have been delegated to that person or authority in accordancewith the provisions of the Constitution.

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Continuationof proceedings.

18. Where any proceedings are pending immediately before theappointed day before any court, body or authority in respect of which acorresponding court, body or authority is established by or under theConstitution, those proceedings may on and after that day be continued
and completed by or before such corresponding court, body or authority
as if they had been commenced in or before such corresponding court,
body or authority:
Provided that in the case of any proceedings before any court,
tribunal or the Ombudsman (including any disciplinary proceedings)
where the hearing was partly completed immediately before theappointed day (in this section referred to as “the original hearing”), no
person shall take part in the continued hearing, either as the sole or othermember, as the case may be, of the corresponding court, body or
authority established by or under the Constitution unless he has also
taken part in the original hearing, and where the original hearing cannot
be so continued the hearing shall be recommenced.

Local
democraticorgans.

19. Any local government authority in existence immediately before
the appointed day shall be deemed to be a local democratic organ for the
purposes of the Constitution as if it were constituted thereunder.

Amendment ofcertainprovisions ofAmerindianLands
Commission
Act.

20. Notwithstanding anything contained in the Constitution, sections
2 and 3 of the Amerindian Lands Commission Act as in force
immediately before the appointed day may be amended by Parliament
only in the same manner as the provisions specified in article 164(2)(b)of the Constitution.

Electoral
districts andlist of electors.

21. (1) The polling districts and divisions constituted under any
existing law in relation to elections of members of the existing Assembly
shall be deemed to be the polling districts and divisions for the purposesof elections to be held under article 60 (2) of the Constitution subject toany amendments duly made thereto under such law.

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13(2) The list of electors last prepared before the appointed day forthe purposes of holding elections of members of the existing Assembly
shall, subject to any further revision in accordance with law, be deemed
to be the list of electors prepared by the Elections Commission underarticle 162 of the Constitution for the purposes of article 60 (2) thereof.
22. (1) Parliament may amend section 3 and this section in the samemanner as it may alter any of the provisions specified in article 164(2)(a) of the Constitution.

Amendment of
this Act.

(2) Parliament may amend any other provision of this Act, withthe exception of the Schedule thereto, in the same manner as it may alter
any of the provisions specified in article 164(2)(b) of the Constitution.
(3) Article 164(3) of the Constitution shall apply for the purposeof construing references in this section to any provision of this Act andto the alteration of any such provision as it applies for the purpose of
construing references in the said article 164 to any provision of theConstitution and to the alteration of any such provision.

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Constitution

SCHEDULECONSTITUTION OF THE CO-OPERATIVE REPUBLICOF GUYANAPREAMBLE
ARRANGEMENT OF ARTICLESPART 1
GENERAL PRINCIPLESCHAPTER ITHE STATE AND THE CONSTITUTION
ARTICLE

1. The State in transition to socialism.
2. The territory.
3. The capital.
4. The flag.
5. The coat of arms.
6. The anthem.
7. Duty to respect national symbols.
8. Supremacy of Constitution.

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

9. Sovereignty belongs to the people.
10. Political parties.
11. Trade unions and co-operatives.
12. Local government.
13. Objective of political system.
14. Goal of economic development.

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ARTICLE

15. Economic revolution.
16. Economic role of co-operativism.
17. Private enterprise.
18. Land to the tiller.
19. Personal property.
20. Right of inheritance.
21. Role of labour.
22. The right and the duty to work.
23. Right to leisure.
24. Right to medical attention and social care in case of old age anddisability.
25. Duty to improve environment.
26. Right to housing.
27. Right to education.
28. Youth.
29. Equality for women.
30. Equality for children born out of wedlock.
31. Protection of citizens resident abroad.
32. Duty to prevent crime and protect public property.
33. Duty to defend State.
34. Abolition of discriminatory distinctions.
35. National culture.
36. The environment.
37. External relations.
38. National co-operation for development of economy.
39. This Chapter not enforceable unless legislation enacted for that
purpose.
CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

40. Fundamental rights and freedoms of the individual.

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CHAPTER IV
CITIZENSHIPARTICLE

41. Persons who continue to be citizens on commencement ofConstitution.
42. Persons entitled to be registered as citizens.
43. Persons born in Guyana after commencement of Constitution.
44. Persons born outside Guyana after commencement ofConstitution.
45. Marriage to citizen of Guyana.
46. Deprivation of citizenship on acquisition of, or exercise of rightsof, another citizenship.
47. Commonwealth citizens.
48. Powers of Parliament.
49. Interpretation.
CHAPTER V
sUPREME ORGANS OF DEMOCRATIC POWER
50. Supreme organs of democratic power.
CHAPTER VIPARLIAMENT

Composition of Parliament
51. Establishment of Parliament.
52. Composition of the National Assembly.
53. Qualifications for election as members.
54. Tenure of seats of members of the National Assembly.
55. First meeting of the National Assembly.
56. Speaker and Deputy Speaker.
57. Clerk and Deputy Clerk.
58. Unqualified persons sitting or voting.

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Elections
ARTICLE

59. Qualifications and disqualifications for electors.
60. Electoral system.
61. Times for elections under article 60(2).
62. Elections Commission.
63. Filling of casual vacancies.
64. Determination of questions as to membership and elections.
Powers and Procedure of Parliament
65. Legislative power.
66. Alteration of this Constitution.
67. Attendance of the President in the National Assembly.
68. Regulation of procedure, etc.
Summoning, Prorogation and Dissolution
69. Sessions of Parliament.
70. Prorogation and dissolution of Parliament.

CHAPTER VII
LOCAL DEMOCRACY

Local Democratic Organs
71. Local government.
72. Local government areas.
73. Election of members of regional councils.
74. Duties of local democratic organs.
75. Power to take decisions.
76. Power to raise revenue.
77. Regional development programme to be integrated into thenational development plans.
78. Local government elections.

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The National Congress of Local Democratic Organs
ARTICLE

79. The National Congress of Local Democratic Organs.
80. Election of members of the Congress.
81. Participation in national decision-making processes.
CHAPTER VIII
THE SUPREME CONGRESS OF THE PEOPLE

82. Establishment of Supreme Congress of the People.
83. Functions of Supreme Congress of the People.
84. Sessions of Supreme Congress of the People.
85. Summoning, prorogation and dissolution of Supreme Congress of
the People.
86. Chairman of Supreme Congress of the People.
87. Clerk and Deputy Clerk.
88. Regulation of procedure.
CHAPTER IX
THE PRESIDENT

89. Establishment of office of President.
90. Qualifications for election.
91. Election of President.
92. Tenure of office of President.
93. Removal of President on grounds of incapacity.
94. Removal of President for violation of Constitution or grossmisconduct.
95. Vacancy in office of President.
96. Discharge of functions of President during absence, illness, etc.
97. Oath to be taken by President.
98. Remuneration, etc., of President.

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CHAPTER X
THE EXECUTIVEARTICLE

99. Executive authority of Guyana.
100. Establishment of office of Prime Minister and other Ministerial
offices.
101. The Prime Minister.
102. Vice-Presidents.
103. Ministers.
104. Ministerial appointments during dissolution.
105. Non-elected Ministers to sit in Assembly.
106. The Cabinet.
107. Allocation of portfolios.
108. Tenure of office of Ministers.
109. Minister’s absence or illness.
110. Minority Leader.
111. Exercise of President’s powers.
112. Attorney General.
113. Parliamentary Secretaries.
114. Oaths of Ministers, etc.
115. Permanent Secretaries.
116. Director of Public Prosecutions.
117. Secretary to the Cabinet.
118. Sub-committees of Cabinet.
119. Standing committees.
120. Constitution of offices.
121. Prerogative of Mercy.
122. Ombudsman.

CHAPTER XI
THE JUDICATUREThe Supreme Court of Judicature
123. Establishment of Supreme Court of Judicature.

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ARTICLE

124. Constitution of Court of Appeal.
125. Constitution of High Court.
Judges of the Supreme Court of Judicature
126. Interpretation.
127. Appointment of Chancellor and Chief Justice.
128. Appointment of Justices of Appeal and Puisne Judges.
129. Qualifications of Judges.
130. Attendance of additional Judge in Court of Appeal and High
Court.
131. Tenure of office of Judges.
132. Oaths of Judges.
Appeals
133. Appeals on constitutional questions and fundamental rights.
CHAPTER XII
THE SERVICE COMMISSIONS

134. The Judicial Service Commission.
135. The Public Service Commission.
136. The Teaching Service Commission.
137. The Police Service Commission.
PART 2
SPECIFIC RULES

TITLE 1PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL

138. Protection of right to life.
139. Protection of right to personal liberty.

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ARTICLE

140. Protection from slavery and forced labour.
141. Protection from inhuman treatment.
142. Protection from deprivation of property.
143. Protection against arbitrary search or entry.
144 Provisions to secure protection of law.
145. Protection of freedom of conscience.
146. Protection of freedom of expression.
147. Protection of freedom of assembly and association.
148. Protection of freedom of movement.
149. Protection from discrimination on the grounds of race, etc.
150. Provisions for time of war or emergency.
151. Reference to tribunal in certain cases.
152. Saving of existing laws and disciplinary laws.
153. Enforcement of protective provisions.
154. Interpretation.
TITLE 2PARLIAMENT

155. Disqualifications for election as members.
156. Tenure of seats of members of the National Assembly.
157. Speaker and Deputy Speaker.
158. Clerk and Deputy Clerk.
159. Qualifications and disqualifications for electors.
160. Electoral system.
161. Elections Commission.
162. Functions of Elections Commission.
163. Determination of questions as to membership and elections.
164. Procedure for altering this Constitution.
165. Regulation of procedure.
166. Presiding in the Assembly.
167. Oaths of members.
168. Voting.
169. Quorum.
170. Mode of legislation.
171. Introduction of Bills, etc.
172. Privileges, etc., of members of the National Assembly.

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TITLE 3
THE SUPREME CONGRESS OF THE PEOPLE
ARTICLE

173. Regulation of procedure.
174. Voting.
175. Quorum.
176. Privileges of the Supreme Congress of the People.
TITLE 4
THE PRESIDENT

177. Election of President.
178. Tenure of office of President.
179. Removal of President on grounds of incapacity.
180. Removal of President for violation of Constitution or grossmisconduct.
181. Salary and allowances of President.
182. Immunities of President.
TITLE 5
THE EXECUTIVESUBTITLE 1

Ministers, etc.
183. Tenure of office of Ministers.
184. Minority Leader.
185. Attorney General.
186. Parliamentary Secretaries.
187. Functions of Director of Public Prosecutions.
188. Prerogative of Mercy.
189. Advisory Council on Prerogative of Mercy.
190. Functions of Advisory Council.

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sUBTITLE 2
The Ombudsman
ARTICLE

191. Appointment, etc., of Ombudsman.
192. Matters subject to investigation by the Ombudsman.
193. Excluded matters.
194. Ombudsman’s functions on concluding an investigation, andreports to the Assembly.
195. Power of Parliament to make supplementary provision.
196. Interpretation.
TITLE 6
THE JUDICATURE

197. Tenure of office of Judges.
TITLE 7
THE SERVICE COMMISSIONSThe Judicial Service Commission
198. Composition of Commission.
199. Appointment, etc., of judicial and legal officers.
The Public Service Commission200. Composition of Commission.
201. Appointment, etc., of public officers.
202. Appeals to Public Service Commission.
203. Appointment, etc., of Director of Public Prosecutions.
204. Appointment, etc., of Auditor General.
205. Appointments of Solicitor General and others.
206. Appointments on transfer to certain offices.

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The Teaching Service Commission
ARTICLE

207. Composition of Commission.
208. Vacation of office of appointed member of the Commission.
209. Appointment of teachers.
The Police Service Commission
210. Composition of Commission.
211. Appointment, etc., of Commissioner of Police and Deputy
Commissioners.
212. Appointment, etc., of other members of Police Force.
Pensions
213. Protection of pension rights.
214. Power of Commissions in relation to pensions, etc.
215. Interpretation.
Public Service Appellate Tribunal
216. Establishment and functions of the Public Service Appellate
Tribunal.
TITLE 8FINANCE

217. Establishment of Consolidated Fund.
218. Withdrawals from Consolidated Fund or other public funds.
219. Authorisation of expenditure from Consolidated Fund by
appropriation.
220. Authorisation of expenditure in advance of appropriation.
221. Contingencies Fund.
222. Public debt.
223. Remuneration of holders of certain offices.
224. Office and functions of Auditor General.

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TITLE 9MISCELLANEOUS
ARTICLE

225. Rules of court.
226. Removal from office of certain persons.
227. Powers and procedure of Commissions.
228. Disqualification for office of persons exciting racial hostility.
TITLE 10INTERPRETATION

229. Appointments.
230. Resignations.
231. Vacation of office on attaining a prescribed age.
232. Certain questions not to be enquired into in any court.
233. Interpretation.
SCHEDULE—Form of Oath.
__________
CONSTITUTION OF THE CO-OPERATIVE
REPUBLIC OF GUYANAPREAMBLEWE THE GUYANESE PEOPLE,
Proud heirs of the indomitable will of our forebears, in a spirit ofrecounciliation and cooperstion, proclaim this Constitution in order to:
Safeguard and build on the rich heritage,
won through tireless struggle, bequeathed
us by our forebears;
Affirm our sovereignty, our independence
and our indissilubility;
Forge a system of governance that promotes concerted effort and broad-based
participation in national decision-making in

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order to develop a viable economy and aharmonious community based on democraticvalues, social justice, fundamental humanrights, and the rule of law;
Celebrate our cultural and racial diversity andstrengthen our unity by eliminating any andevery form of discrimination;
Value the special place in our nation of the
Indigenous Peoples and recognise their rightas citizens to land and security and to theirpromulgation of policies for their communities;
Acknowledge the aspirations of our young
people who, in their own words, havedeclared that the future of Guyana belongs
to its young people, who aspire to live in asafe society which respects their dignity,
protects their rights, recognise their potential, listens to their voices, provides opportunities, ensures a healthy environment andencourage people of all races to live inharmony and peace and affirm that theirdeclaration will be binding on our institutions
and be a part of the context of our basic
law;
Demonstrate our commitment to protect our
natural environment and endowment;
Create a republican community practicallyaware that the finances industry, communication, education, business and technologyof the world are global factors affecting all
in which all must engage and from which all
must benefit

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As citizens of Guyana, we adopt thesefundamental laws and make provision for
their amendment to reflect future changes inour society, inspired by our collective quest
for a perfect nation, whose characteristics
include the commitments, concepts andother principles proclaimed in this preamble.
May God protect our people.”

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CONSTITUTION OF THE CO-OPERATIVE REPUBLICOF GUYANAPART 1
GENERAL PRINCIPLESCHAPTER ITHE STATE AND THE CONSTITUTION

The State intransition tosocialism.

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.

The territory.

2. The territory of the State comprises the areas that immediately
before the commencement of this Constitution were comprised in thearea of Guyana together with such other areas as may be declared by
Act of Parliament to form part of the territory of the State.

The capital.

3. The capital of the State is the city of Georgetown.

The flag.
[ 6 of 2001]

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

The coat ofarms.
[6 of 2001]

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

The anthem.
[6 of 2001]

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

Duty torespect
national
symbols.
[6 of 2001]

7. It is the duty of every citizen of Guyana wherever he may be andof 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.

Supremacy ofConstitution.

8. This Constitution is the supreme law of Guyana and, if any otherlaw is inconsistent with it, that other law shall, to the extent of theinconsistency, be void.

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

9. Sovereignty belongs to the people, who exercise it through theirrepresentatives and the democratic organs established by or under thisConstitution.
10. The right to form political parties and their freedom of action are
guaranteed. Political parties must respect the principles of nationalsovereignty and of democracy.
11. Co-operatives, trade unions and all socio-economic organizationsof a national character are entitled to participate in the various
management and decision-making processes of the State andparticularly in the political, economic, social and cultural sectors ofnational life.
12. Local government by freely elected representatives of the people
is an integral part of the democratic organisation of the State.
13. The principal objective of the political system of the State is toestablish 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, wit
particular emphasis on those areas of decision-making that directly
affect their well-being.”
14. The goal of economic development includes the objective ofcreating, promoting and encouraging an economic system capable ofachieving and maintaining sustainable competive advantage in thecontext of a gobal competitive environment, by fostering
entrepreneurship, individual and group initiative and creativity, andstrategic alliances with domestic and gobal business partners in theprivate sector.”

Sovereignty
belongs to thepeople.

Political
parties.

Trade unions
and cooperatives.

Local
government.
Objective ofpolitical
system.

Goal ofeconomicdevelopment.

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Economic
revolution.
[6 of 2001

Further goal of
economicdevelopment[6 of 2001]

15.The goal of economic development includes the objective of laying
the material 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.”State to foster
forms ofdevelopment

16. The state shall foster the development of such relevant forms ofcooperation and of business entities as are seen to be supportive ofgoals of economic development as stated in articles 14 and 15.”

Privateenterprise.
[6 of 2001

17. Privately owned economic enterprises are reconginsed, and shallbe facilitated in accord with their conformity with the aims andobjectives stated or implied in articles 13, 14, 15 and 16.

Land to thetiller.

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

Personal
property.

Right ofinheritance.

Constitution

19. Every citizen has the right to own personal property which
includes such assets as dwelling houses and the land on which theystand, farmsteads, tools and equipment, motor vehicles and bankaccounts.
20. The right of inheritance is guaranteed.

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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.

Role of labour.

22. (1) Every citizen has the right to work and its free selection inaccordance with social requirements and personal qualifications. He
has the right to be rewarded according to the nature, quality and quantityof his work. Women and men have the right to equal pay for equal work.

The right andthe duty towork.

(2) Socially useful activity is an honourable duty of every citizen
able to work. The right to work implies a corresponding duty to work.
(3) The right to work is guaranteed—(i) by social ownership of the means of production,
distribution and exchange;(ii) by socialist planning, development and managementof 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 appropriate techniques;(v) by continuous education and training of citizens;(vi) by socialist labour laws; and(vii) by sustained efforts on the part of the State, cooperatives, trade unions and other socio-economic
organisations and the people working together to develop
the economy in accordance with the foregoing principles inorder to increase continuously the country’s material
wealth, expand employment opportunities, improve working
conditions and progressively increase amenities andbenefits.
23. Every citizen has the right to rest, recreation and leisure. The
State in co-operation with co-operatives, trade unions and other socioeconomic organizations will guarantee this right by prescribing hours andconditions of work and by establishing holiday arrangements forworkers, including a complex of cultural, educational and healthinstitutions.

Right toleisure.

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Right tomedicalattention andsocial care incase of old age
and disability.

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

Duty toimproveenvironment.

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

Right tohousing.

26. Every citizen has the right to proper housing accommodation.

Right toeducation.

27. Every citizen has the right to free education from nursery touniversity as well as at non-formal places where opportunities areprovided for education and training.

Youth.

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

Equality.

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 are illegal.
(2) The exercise of women’s rights is ensured by according
women equal access with men to academic, vocational and professional
training, equal opportunities in employment, remuneration andpromotion, and in social, political and cultural activity, by special labourand health protection 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.

Equality forchildren bornout ofwedlock.

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 formsof discrimination against children on the basis of their being born out of
wedlock are illegal.

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

Protection of
citizens
residentabroad.

32. It is the joint duty of the State, the society and every citizen tocombat and prevent crime and other violations of the law and to takecare of and protect public property.

Duty toprevent crimeand protect
publicproperty.

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

Duty todefend State.

34. It is the duty of the State to enhance the cohesiveness of thesociety by eliminating discriminatory distinctions between classes,
between town and country, and between mental and physical labour.

Abolition of
discriminatory
distinctions.

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.

National
culture.

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.

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, nonintervention in internal affairs, respect for human rights and fundamental
freedoms, and co-operation among States.

External
relations.

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

National cooperation fordevelopmentof economy.

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This Chapter
not enforceable
unlesslegislation
enacted forthat purpose.
[1 of 1988]

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 theextent to which, such law provides for the enforcement of any suchprovision, and not otherwise, shall that provision be enforceable in any
court or tribunal.
CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL

Fundamental
rights andfreedoms 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 thefollowing, namely—(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 otherproperty 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 andfreedoms of the individual subject to such limitations of that protection
as are contained in those provisions, being limitations designed to ensurethat the enjoyment of the said rights and freedoms by any individual does
not prejudice the rights and freedoms of others or the public interest.

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

Persons who
continue to be
citizens oncommencement ofConstitution.

CHAPTER IV
CITIZENSHIP

42. (1) Every person who immediately before the commencement of
this Constitution is or has been married to a person—(a) who continues to be a citizen of Guyana by virtue of thepreceding article; or(b) who having died before the commencement of thisConstitution would, but for his or her death, have continued to
be a citizen of Guyana on that date by virtue of that article,

Persons
entitled to beregistered as
citizens.

shall, if not otherwise a citizen, be entitled, upon making application andupon taking the oath of allegiance, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen under thisparagraph 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 bemade in such manner as may be prescribed.
43. Every person born in Guyana after the commencement of thisConstitution 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—

Persons bornin Guyanaafter commencement ofConstitution.

(a) his father or his mother possesses such immunity fromsuit and legal process as is accorded to an envoy of a foreign

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Constitution(b) his father or his mother is an enemy alien and the birthoccurs in a place then under occupation by the enemy.
Persons born
outsideGuyana after
commencement ofConstitution.

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

Marriage tocitizen of
Guyana.

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 application in such manner and taking such oath ofallegiance 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.

Deprivation of
citizenship on
acquisition of,or exercise ofrights of,anothercitizenship.

46. (1) If the President is satisfied that any citizen of Guyana has at
any time after 26th May, 1966, acquired by registration, naturalization orother voluntary and formal act (other than marriage) the citizenship ofany country other than 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 26th May, 1966, voluntarily claimed and exercised in acountry other than Guyana any rights available to him under the law ofthat country, being rights accorded exclusively to its citizens, thePresident may by order deprive that person of his citizenship.

Commonwealthcitizens.
[O.38 of 1987]

47. (1) Every person who under this Constitution or any Act ofParliament 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 ofthat country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.

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37

Cap. 1:01(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 Antigua andBarbuda, 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.
(4) The President may from time to time by order subject toaffirmative resolution of the National Assembly amend paragraph (3) byadding any country thereto or by deleting any country therefrom.
48. Parliament may make provision—

Powers ofParliament.

(a) for the acquisition of citizenship of Guyana by persons
who do not become citizens of Guyana by virtue of theprovisions of this Chapter;(b) for depriving of his 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 ofGuyana by virtue of articles 21, 23 and 24 of the Constitutionof Guyana annexed to the Guyana Independence Order
1966), 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.

Interpretation.

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Constitution(2)For the purposes of this Chapter, a person born aboard a registeredship or aircraft or aboard an unregistered ship or aircraft of thegovernment of any country shall be deemed to have been born in theplace 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 thefather 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 timeof that parent’s death; and where that death occurred before the dateof commencement of this Constitution, and the birth occurred on or afterthat 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

Supremeorgans of
democratic
power.
[14 of 2000]

50. The supreme organs of democratic power in Guyana shall be—(i) the Parliament;(ii) the President; and(iii) the Cabinet.
CHAPTER VIPARLIAMENT

Composition of Parliament
Establishmentof Parliament.

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

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52.(1) Subject to paragraph (2) and to articles 105, 185 and 186, theNational Assembly shall consist of such number of members as shall be
determined by the Assembly.” who shall be elected in accordance withthe provisions of this Constitution and, subject thereto, in accordancewith any law made by Parliament in that behalf.

Compositionof the National
Assembly.
[4 of 2001](2) If any person who is not a member of the National Assemblyis 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 themembers aforesaid.
53. Subject to article 155 (which relates to allegiance, insanity, andother matters) a person shall be qualified for election as a member of the
National Assembly if, and shall not be so qualified unless, he—Qualifications
for election as
members.

(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, to read the English language with adegree of proficiency sufficient to enable him to take anactive 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.

Tenure ofseats ofmembers of
the national
Assembly.

55. Whenever elections have been held pursuant to be provisions ofarticle 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 shallbe read and construed as a reference to such first meeting.

First meetingof the National
Assembly.

56. (1) When the National Assembly first meets after any election
and before it proceeds to the despatch of any other business, it shall electa person to be the Speaker of the Assembly; and if the office of SpeakerSpeaker and
DeputySpeaker.

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Constitution(2)The Speaker may be elected either from among the members of theAssembly who are not Ministers or Parliamentary Secretaries or fromamong 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 theelection of the Speaker, the Assembly shall elect a member of theAssembly 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, theAssembly shall, as soon as convenient, elect another such member tothat office.
(4) A person shall vacate the office of Speaker or Deputy
Speaker if required to do so by article 157 (which relates to loss ofqualification for election as a member of the National Assembly andother matters).
Clerk and
Deputy Clerk.

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 byarticle 158.

Unqualified
persons sitting
or voting.
[6 of 1997]

58. (1) Any person who sits or votes in the National Assembly,
knowing or having reasonable ground for knowing that he is not entitledto do so, shall be liable to a penalty of two thousand seven hundred andfifty dollars for each day upon which he so sits or votes.
(2) Any such penalty shall be recoverable by civil action in theHigh Court at the suit of the Attorney General.

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59.Subject to the provisions of article 159, every person may vote at anelection if he is of the age of eighteen years or upwards and is either acitizen of Guyana or a Commonwealth citizen domiciled and resident inGuyana.

Qualifications
and disqualifications forelectors.

60. (1) Election of members of the National Assembly shall be bysecret ballot.

Electoral
system.

(2) Subject to the provisions of article 160(2), such number ofmembers 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.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:

Times forelections underarticle 60(2).

Provided that no balloting commenced during the period of threemonths aforesaid, performed before the day so appointed and pursuant
to which the votes of any person registered as electors are cast at theelection, shall be deemed contrary to the requirements of this article byreason only that such balloting has been so performed.

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Elections
Commission.

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

Filling of
casualvacancies.

63. Parliament may make provision for the filling of casual vacancies
among the seats of members of the National Assembly and for othermatters relating to election of members of the Assembly in accordancewith the provisions of paragraphs (2) and (3) of article 160.

Determinationof questions as
to membershipand elections.

64. All questions as to membership of the National Assembly shallbe determined by the High Court in accordance with the provisions ofarticle 163.
Powers and Procedure of Parliament

Legislative
power.
[1 of 1988]

65. (1) Subject to the provisions of this Constitution, Parliament may
make laws for the peace, order and good government of Guyana.
(2) The validity of any law made under this Constitution witheffect from a date earlier than the day on which this Constitutioncommenced 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.

Alteration ofthis Constitution.

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

Attendance of
the President
in the National
Assembly.

67. (1) The President may at any time attend and address the
National Assembly.

Regulation ofprocedure, etc.

68. All other matters concerning Parliament (including the procedure
thereof) shall be regulated by the provisions of articles 165 to 172(inclusive).

(2) The President may send messages to the National Assembly
and any such message shall be read, at the first convenient sitting of theAssembly after it is received, by the Prime Minister or by any other
Minister designated by the President.

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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 than six months fromthe end of the preceding session if Parliament has been prorogued orfour months from the end of that session if Parliament has been
dissolved) as the President shall appoint by proclamation.

Sessions of
Parliament.

(2) Subject to the provisions of the preceding paragraph, thesittings 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 prorogue
Parliament.

Prorogationand dissolutionof 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 thisparagraph by more than five years.
(5) If, after a dissolution and before the holding of an election ofmembers of the Assembly, pursuant to the provisions of article 61, thePresident considers that owing to the existence of a state of war or ofa state of emergency in Guyana or any part thereof, it is necessary torecall Parliament, the President shall summon the Parliament that has
been dissolved to meet, but the election of members of the Assembly

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Local
government.
[4 of 2001]

71.(1) Local government is a vital aspect of democracy and shall beorganised so as to involve as many people as possible in the task ofmanaging and developing the communities in which they live.
(2) For this purpose Parliament shall provide for the institution ofa country-wide system of local government through the establishmentof organs of local democratic power as an integral part of the politicalorganisation of the State.

Local
government
areas.
[4 of 2001]

72. (1) Parliament may provide for the division of Guyana (save forany areas excluded by it) into ten regions and into such sub-regions andother subdivisions as it may deem fit 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, theeconomic resources and the existing and planned infrastructure of eacharea, as well as the possibilities of facilitating the most rational
management and use of such resources and infrastructure, with a viewto ensuring that the area is or has the potential for becoming
economically viable.
(3)Municipalities, neighbourhood democratic councils and suchother subdivisions shall be provided for under paragraph (1), including
village and community councils, where there is the need for suchcouncils and where the people request their establishment, shall be vitalorgans of local democratic power.”

Election ofmembers ofregional
councils.

73.(1) Members of a regional democratic council shall be elected bypersons residing in the region and registered as electors for the purposeof article 159:
Provided that Parliament may make provision for any areas which do notform 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.

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Cap. 1:01(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 aregional 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.

[4 of 2001]

73(A) Each local democratic organ shall elect one of its councillors toserve as a member of the local democratic organ immediately above thefirst mentioned local democratic organ and Parliament shall prescribe
the procedure for such election and such other matters as may benecessary in connection therewith.”
74.(1) It shall be the primary duty of local democratic organs to ensurein accordance with law the efficient management and development of
their areas and to provide leadership by example.

Duties of local
democraticorgans.
[4 of 2001](2) Local democratic organs shall organise popular co-operationin respect of the political, economic, cultural and social life of their areasand shall co-operate with the social organisations of the working people.
(3) It shall be the duty of local democratic organs to maintain andprotect 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 andsafeguard the rights of citizens.”
75. Parliament shall provide that local democratic organs shall beautonomous and take decisions which are binding upon their agencies
and institutions, and upon the communities and citizens of theirareas.”

Power to takedecisions.

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76.Parliament may provide for regional democratic councils to raise
their own revenues and to dispose of them for the benefit and welfareof their areas.
Regional
development
programme to
be integrated
into thenational
development
plans.

Local
government
elections.

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.
77A. Parliament shall by law provide for the formulation andimplementation of objective criteria for the purpose of the allocation of
resouces to, and the garnering of resources by local democratic organs
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.
78A Parliament shall establish a Local Government Commission, thecomposition and rules of which empower the commission to deal
with as it deems fit, all matters related to the regulation and staffingof local government organs and with dispute resolution within andbetween local government organs
78B 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 inaddition to political parties and accountability to electors.”

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Participationin national
decisionmaking
processes.

Establishmentof Supreme
Congress of
the People.
Functions ofSupremeCongress of
the People.

Sessions ofSupremeCongress of
the People.

Summoning,
prorogationand dissolutionof Supreme
Congress of
the People.

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CHAPTER VIII
THE PRESIDENT

Establishment
of office ofPresident.

89. 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.

Qualifications
for election.
[17 of 2000]

90. (1) A person shall be qualified for election as President and shallnot be so qualified unless he—(a) is a citizen of Guyana and is Guyanese by birth or perentage
as defined in articles 43 and 44;(b) 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(c) is otherwise qualified to be elected as a member of the
National Assembly.
(2) A person elected as President after the yer 2000 is eligible forre-election only once.
(3) A person who acceded to the Presidency after the year 2000 andserved therin 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(4) In determining continuity of residence absence from Guyana to(a) seek medical help;(b) study at a university or an institution of higher learning for not
more than four years;(c) work for the Government, shall be disregarded.

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

Election of
President.

92.A person assuming the office of President in accordance with theprovisions of this Constitution shall, unless his office sooner becomesvacant under article 178, continue in office until the person elected to theoffice of President at the next election held under article 91 assumes
office.

Tenure ofoffice ofPresident.

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.

Removal of
President on
grounds ofincapacity.

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

Removal of
President forviolation ofConstitution
or grossmisconduct.

95. (1) During any period when the office of President is vacant theoffice shall be assumed by—

Vacancy inoffice ofPresident.

(a) the Prime Minister:
Provided that if the vacancy occurs while the Prime Minister isabsent 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 heis 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 anelected member of the National Assembly, as the Cabinet
shall elect; or(c) if there is no Prime Minister and no Cabinet, by the
Chancellor.

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Constitution(2)Any Minister performing the functions of the office of President byvirtue of the proviso to paragraph (1)(a) shall cease to perform thosefunctions 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.
Discharge offunctions ofPresident
during absence,
illness, etc.

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, bydirection in writing, authorise any member of the Cabinet, being anelected member of the National Assembly, to perform such of thefunctions of the 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 ofsuch a nature that the President is unable to authorise another person
under this article to perform those functions—(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 ofphysical or mental infirmity, unable to perform the functionsof 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, theChancellor, shall perform the functions of the office ofPresident:
Provided that any person performing the functions of the office ofPresident under this paragraph shall not dissolve Parliament nor, save on
the advice of the Cabinet, revoke any appointment made by the
President.

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Cap. 1:01(3) Any person performing the functions of the office of President
by virtue of paragraph (2) shall cease to perform those functions if heis notified by the President that the President is about to resume thosefunctions.
97. (1) A person elected as President shall assume the office ofPresident upon being elected but shall, before entering upon the dutiesof 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.

Oath to betaken byPresident.

(2) 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 toa person elected as President.
98. The remuneration and immunities of the President shall be
regulated by articles 181, 182 and 222.

Remuneration,etc., ofPresident.

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.

Executive
authority of
Guyana.

(2) Nothing in this article shall prevent Parliament from
conferring functions on persons or authorities other than the President.
100. Subject to the provisions of article 185, there shall be an office ofPrime 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.

Establishment
of office ofPrime Ministerand other
Ministerial
offices.

101. (l) The President shall appoint an elected member of the
National Assembly to be Prime Minister of Guyana;

The Prime
Minister.
[17 of 2000]

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Provided that a person who is not eligible to be elected as President
shall not be eligible for appointment as Prime Minister.”(2) The Prime Minister shall be the principal assistant of the
President in the discharge of his executive functions and leader ofGovernment business in the National Assembly.
VicePresidents.

102. (1) The President may appoint Vice-Presidents for the purposeof assisting him in the discharge of his functions.
(2) If he is not otherwise the holder of an office of VicePresident, the person holding the office of Prime Minister shall, by virtueof holding that office, be a Vice-President, and he shall have precedence
over any other Vice-President.

Ministers.
[17 of 2000]

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 subject
to subparagraph (vii) of paragraph (3) (a) of article 160 are qualified tobe elected as such members.
(3) 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 member of the National Assembly.

Ministerial
appointments
duringdissolution.

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 thenext election of members of the assembly is held pursuant to theprovisions of article 61, as if Parliament had not been dissolved.

Non-elected
Ministers to
sit in Assembly

105.A Minister who was not an elected member of the Assembly at thetime of his appointment shall (unless he becomes such a member) be amember of the Assembly by virtue of holding the office of Minister but
shall not vote in the Assembly.

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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.

The Cabinet[17 of 2000](2)The Cabinet shall aid and advise the President in the general direction
and control of the Government of Guyana and shall be collectively
responsible therefor to Parliament.
(3) Cabinet Meetings shall be presided over by—(a) the President;(b) in the absence of the President, the Prime Minister; or(c) in the absence of the President and the Prime Minister,such Minister as the President may designate.
(4) The Cabinet may act notwithstanding any vacancy in its
membership or 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.

Allocation of
portfolios.

(6) The Cabinet including the President shall resign if theGovernment is defeated by the vote of a majority of all the elected
members of the National Assembly on a vote of confidence.
(7) Notwithstanding its defeat, the Government shallremain in office and shall hold an election within three months, orsuch 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.”

Tenure ofoffice of
Ministers.

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Allocation
portfolios[17 of 2000]

107. The President may assign to any Minister responsibility for any
business of the Government of Guyana, including the administrationof 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 thatis 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 thisarticle.

Tenure ofofficeMinisters

108. The office of a Minister shall become vacant in thecircumstances set out in article 183.

Minister’sabsence orillness109. Whenever any Minister is absent from Guyana or is unable byreason 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 firstmentioned Minister or are assigned to another Minister pursuant to theprovisions of article 107.

Minority
Leader110. (1) There shall be an office of Leader of the Opposition,
election to which office shall be in accordance with article 184(2) Qualifications for election to the office of Leader of the
Opposition and other matters connected there-with are regulated byarticle 184.”

Excerise of
Prsident’s
powers111.(l) In the exercise of his functions under this Constitution or any
other law, the President shall act in accordance with his own deliberate
judgment except in cases where, by this Constitution or by any other law,
he is required to act in accordance with the advice or on therecommendation of any person or authority.

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55

Cap. 1:01(2)Where by this Constitution the President is directed to exercise any
function on the advice or recommendation of any person or authority, hemay, in accordance with his 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, havingreconsidered the original advice or recommendation, substitutes
therefor a different advice or recommendation, as the case may be, thePresident shall act in accordance therewith; but save as aforesaid heshall 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 shallbe appointed by the President.

Attorney
General(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 toassist himself or Ministers in the discharge of their functions.

Parliamentary
Secretaries(2) Qualifications for appointment to the office of Parliamentary
Secretary and other matters connected therewith are regulated byarticle 186.

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Oaths of
Ministers, etc.

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

Permanent
Secretaries.

115. Where the President or any Minister has been charged withresponsibility for any department of Government, he shall exercise
general direction and control over that department and, subject to suchdirection and control, the department shall be under the supervision ofa permanent secretary, whose office shall be a public office:Provided that two or more government departments may beplaced under the supervision of one permanent secretary.

Director of
PublicProsecutions.

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.

Secretary to
the Cabinet.

117. (1) There shall be a Secretary to the Cabinet whose office shallbe 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 thebusiness for, and keeping the minutes of, the Cabinet and for conveying
the decisions of the Cabinet to the appropriate person or authority andshall have such other functions as the President may direct.

Sub-committees of
Cabinet.
[6 of 2001]

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 sub-committee
of itself to be assisted by experts and advisers, and charge it withresponsibility for supervising the financial affairs of the State and forinstituting, monitoring and enforcing systems of financial control anddiscipline throughout the service of both central and local government,
including the service of corporations, boards and agencies establishedby the Government.

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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 or examining any aspect of national lifeand making recommendations or otherwise reporting thereon to theGovernment or to Parliament.

Standing
committees.
[8 of 2001]

119A. (1) The National Assembly shall establish a ParliamentaryStanding Committee for Con-stitutional Reform for the purpose ofcontinually reviewing the effectiveness of the working of the Constitution and making periodic reports thereon to the Assembly, withproposals for reform as necessary.

ParliamentaryStanding
Committee forConstitutional
Reform(2)To assist it in its work, the committee shall have power toco-opt experts or enlist the aid of other persons of appropriate
expertise, whether or not such experts or other persons are membersof the Assembly.
119B. (1) There shall be parliamentary sectoral committees established by the National Assembly with responsibility for the scrutiny of
all aeas of Government policy and administration including(i) natural resources;(ii) economic services;(iii)foreign relations;(iv)social services.

Parliamentary
sectoralcommittee(2) The Chairperson and Deputy Chairperson of each parliamentary sectoral committee shall be elected from the opposite sides of
the National Assembly.
119C. 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 theCommittee 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.

Standing
committee toaddress
matters
relating toappointmentof members ofCommissions
establishedunder theConstitution.

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Constitutionof offices[17 of 2000]

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

Prerogative of
Mercy

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

OmbudsmanConstitution

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 byarticles 191 to 196 (inclusive).

CHAPTER XI
THE JUDICATUREThe Supreme Court of Judicature[6 of 2001]

122A. (1) All courts and all persons presiding over the courts shall
exercise their function independently of the control and direction of
any other person or authority; and shall be free and independent frompolitical, executive and any other form of direction and control.
(2) Subject to the provisions of article 199 and 201, allcourts shall be administratively autonomous and shall be funded by adirect charge upon the Consolidated Fund; and such courts shall
operate in accordance with the principles of sound financial andadministrative management.

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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 thisConstitution or any other law.

Establishmentof Supreme
Court of
Judicature[6 0f 2001](2) Each of those Courts shall be a superior court of record and,save as otherwise provided by Parliament, shall have all the powers ofsuch a court.
(3) Parliament may confer on any court any part of thejurisdiction of and any powers conferred on the High Court by thisConstitution or any other law.
(4) Parliament may make such provision as it deems fit
authorising any court of appeal for the Caribbean to be the final courtof appeal for Guyana.
(5) Where a court referred to in paragraph (4) is establishedand becomes the final Court of Appeal for Guyana, such court shallremain the final Court of Appeal for Guyana, unless Parliament, by avote of no less than two-thirds of all the elected members of theAssembly makes provision for Guyana to withdraw from such court.
124.The Judges of the Court of Appeal shall be the Chancellor, whoshall be the President of the Court of Appeal, the Chief Justice and such
number of Justices of Appeal as may be prescribed by Parliament.

Constitutionof Court ofAppeal.

125. The Judges of the High Court shall be the Chief Justice and such
number of Puisne Judges as may be prescribed by Parliament.

Constitutionof High Court.

Judges of the Supreme Court of Judicature
126. Except as otherwise expressly provided or required by thecontext, in this Constitution the word “Judge” includes the Chancellor,
the Chief Justice, a Justice of Appeal, a Puisne Judge and part time
Judge.

Interpretation[6 of 2001].

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Appointmentof Chancellor
and Chief
Justice[6 of 2001]

127.(1) The Chancellor and the Chief Justice shall be appointed by
the President acting after obtaining the ahreement of the Leader of the
Opposition.
(2) If the office of Chancellor or Chief Justice is vacant or if theperson holding the office of Chancellor is performing the functions of theoffice of President or is for any other reason unable to perform thefunctions of his office, or if the person holding the office of Chief Justiceis 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 suchoffice or until the person holding such office has resumed thosefunctions, as the case may be, those functions shall be performed bysuch other of the Judges as shall be appointed by the President after
meaningful consultation with the Leader of the Opposition.

appointmentof Justices ofAppeal andPuisne Judges[6 of 2001]

128. (1) The Judges, other than the Chancellor and the Chief Justice,
shall be appointed by the President, who shall act in accordance withthe advice of the Judicial Service Commission.
(2) If—(a) the office of any such Judge is vacant;(b) any such Judge is for any reason unable to perform thefunctions of his office;(c) any such Judge is acting as Chancellor or Chief Justiceor a Puisne Judge is acting as a Justice of Appeal; or(d) the Chancellor advises the President that the state ofbusiness 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 may appoint a person to act in the office ofJustice of Appeal or Puisne Judge, as the case may require.
(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 tohave effect until it is revoked by the President, acting in accordance withthe advice of the Judicial Service Commission.

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128A. (1) Part-time Judges may be appointed by the President, whoshall act in accordance with the advice of the Judicial Service
Commission.

Appointmentof part-timeJudges(2) Parliament may by law determine the terms and conditions of appointment of part-time Judges.
129.(1) A person shall not be qualified to be appointed to hold or to act
in the office of a Judge unless—Qualificationsof Judges(a) he is or has been a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of theCommonwealth or a court having jurisdiction in appeals fromany such court; or(b) he is qualified for admission as an attorney-at-law inGuyana and has been so qualified for such period as may beprescribed by Parliament.
(2) Parliament may prescribe different periods undersubparagraph (b) of the preceding paragraph in relation to the offices ofthe different Judges mentioned in article 126.
130. (1) Parliament may make provision for the exercise of—(a) the jurisdiction and powers of a Justice of Appeal bysuch Puisne Judge as may be requested by the Chancellor tosit as an additional Justice of Appeal at sittings of the Courtof Appeal; and(b) the jurisdiction and powers of a Puisne Judge by such
Justice of Appeal as may be requested by the Chancellor tosit as an additional Puisne Judge.

Attendance ofadditional
Judge in Courtof Appeal andHigh Court.

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Constitution(2)Article 132 shall not apply to a Justice of Appeal or a Puisne Judgein the carrying out by him of any function pursuant to paragraph (1).
Tenure ofoffice ofJudges.
Oaths ofJudges.

131. Judges shall have full security of office as provided for in article
197.
132. A Judge shall not enter upon the duties of his office unless he hastaken and subscribed the oath of office.
Appeals

Appeals on
constitutionalquestions andfundamental
rights.

133. (1) An appeal to the Court of Appeal shall lie as of right fromdecisions of the High Court in the following cases, that is to say—(a) final decisions in any civil or criminal proceedings onquestions 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 relates tothe 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 XIl
THE SERVICE COMMISSIONSThe Judicial
ServiceCommission.

The PublicServiceCommission.

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 articles 200 to 205 (inclusive).

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There shall be a Teaching Service Commission for Guyana.

The Teaching
ServiceCommission.

(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.

The Police
ServiceCommission.

PART 2
SPECIFIC RULES

TITLE 1PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL

138. (1) No person shall be deprived of his life intentionally save inexecution of the sentence of a court in respect of an offence under thelaw of Guyana of which he has been convicted.

Protection ofright to life.

(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 been deprived of hislife in contravention of this article if he dies as the result of the use offorce to such extent as is reasonably justifiable in the circumstances of
the case—(a) for the defence of any person from violence or for the
defence of property;(b) in order to effect a lawful arrest or to prevent theescape 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 acriminal offence,

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or if he dies as the result of a lawful act of war.
139. (1) No person shall be deprived of his personal liberty save as
may be authorised by law in any of the following cases, that is to say—(a) in execution of the sentence or order of a court,
whether established for Guyana or some other country, in
respect of a criminal offence of which he has been convicted;(b) in execution of an order of the High Court or the Courtof Appeal or such other court as may be prescribed by
Parliament punishing him for contempt of any such court orof another court or tribunal;(c) in execution of the order of a court made to secure thefulfilment 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 offence under the law of
Guyana;(f) in the case of a person who has not attained the age ofeighteen 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 theprotection of the community;(i) for the purpose of preventing the unlawful entry of that
person into Guyana, or for the purpose of effecting theexpulsion, extradition or other lawful removal of that personfrom 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 ofa lawful order requiring that person to remain within a
specified area within Guyana or prohibiting him from being

Protection ofright topersonal
liberty.

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within such an area, or to such extent as may be reasonably
justifiable for the taking of proceedings against that personwith a view to the making of any such order or relating to suchan order after it has been made or to such extent as may bereasonably justifiable for restraining that person during any
visit that he is permitted to make to any part of Guyana inwhich, 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 shallauthorise the detention of a person for a longer period than
three months unless a tribunal established for the purposes ofthis paragraph has reported before the expiration of the said
period of three months that there is, in its opinion, sufficientcause for such detention.
(b) The references in subparagraph (a) to a period of threemonths include references to any lesser periods that amountin the aggregate to three months:
Provided that no two such lesser periods shall be aggregated for thispurpose if the period between the expiration of the first and thecommencement of the second is more than one month.
(c) A person who has been detained by virtue of theprovisions of any law providing for preventive detention andwho has been released from detention in consequence of areport of a tribunal established for the purposes of thisparagraph that there is, in its opinion, insufficient cause for his
detention shall not be again detained by virtue of suchprovisions 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 bedeemed to have been detained on the same grounds as he wasoriginally detained unless a tribunal established as aforesaid
has reported that, in its opinion, there appear, prima facie, tobe new and reasonable grounds for the detention (but the

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giving of any such report shall be without prejudice to theprovisions of subparagraph (a) ).
(e) A tribunal established for the purposes of thisparagraph shall be established by law and shall consist of
persons who are Judges of the Supreme Court of Judicatureor who are qualified to be appointed as Puisne Judges of theHigh Court.
(3) Any person who is arrested or detained shall be informed assoon as reasonably practicable, in a language that he understands, of thereasons for his arrest or 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-atlaw, and to hold communication with him.
(4) Any person who is arrested or detained—(a) for the purpose of bringing him before a court in
execution of the order of a court; or(b) upon reasonable suspicion of his having committed orbeing about to commit a criminal offence,
and who is not released, shall be brought before a court as soon as isreasonably practicable; and if any person arrested or detained upon
reasonable suspicion of his having committed or being about to commit
a criminal offence is not tried within a reasonable time, then, 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 toensure 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 anyother person shall be entitled to compensation therefor from that otherperson.

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Cap. 1:01(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 andinstruct a legal adviser and to hold communication with him.
Protection
from slavery
and forced
labour.

140. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this article, the expression “forced
labour” does not include—(a) any labour required in consequence of the sentence ororder of a court;(b) any labour required of any person while he is lawfully
detained that, though not required in consequence of thesentence or order of a court, is reasonably necessary in theinterests of hygiene or for the maintenance of the place atwhich 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 ofa naval, military or air force, any labour that person is requiredby 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, fireor 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 thatcalamity, for the purpose of dealing with that situation.

Protection
from inhumantreatment.

141. (1) No person shall be subjected to torture or to inhuman ordegrading punishment or other treatment.

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Constitution(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 tothe extent that the law in question authorises the infliction of any
punishment or the administration of any treatment that was lawful inGuyana immediately before the commencement of this Constitution.
142. (1) No property of any description shall be compulsorily taken
possession of, and no interest in or right over property of any description
shall be compulsorily acquired, except by or under the authority of awritten law(a) providing for compensation for the property or any
interest in or right over property so possessed or acquired andspecifying the principles on which the compensation is to be
determined and given; and(b) giving to any person claiming such compensation a rightof access, either directly or by way of appeal, for thedetermination of his interest in or right over the property andthe 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—(a) to the extent that the law in question makes provision
for the taking of possession or acquisition of any property—(i) in satisfaction of any tax, duty, rate, cess or otherimpost;(ii) by way of penalty for breach of the law, whether
under civil process or after conviction of a criminal offence
under the law of Guyana;(iii) as an incident of a lease, tenancy, mortgage, charge,
bill of sale, pledge, contract, grant, permission or licence;(iv) in the execution of judgments or orders of a court inproceedings for the determination of civil rights or
obligations;Protection
from deprivation ofproperty.
[1 of 1988
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69(v) in circumstances where it is reasonably necessary soto 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 thelimitation of actions;(vii) for so long only as may be necessary for the purposesof any examination, investigation, trial or inquiry or, in thecase of land, for the purposes of the carrying out thereon ofwork of soil conservation or the conservation of othernatural resources or work relating to agriculturaldevelopment or improvement;(viii) which is not beneficially occupied or which, if it isbeneficially occupied, is not so occupied by the holder of thetitle to the land or by any member of his family; or(ix) in consequence of any law requiring an employer toremunerate 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—c. 29:01(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 situate
in an Amerindian District, Area or Village established underthe Amerindian Act for the purpose of effecting thetermination or transfer thereof for the benefit of an
Amerindian community;(ii) enemy property;(iii) property of a deceased person, a person of unsoundmind or a person who has not attained the age of eighteen
years, for the purpose of its administration for the benefit of
the persons entitled to the beneficial interest therein;(iv) property of a person adjudged insolvent or a body
corporate in liquidation, for the purpose of its administration
for the benefit of the creditors of the insolvent person or
body corporate and, subject thereto, for the benefit of otherpersons entitled to the beneficial interest in the property;

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Constitution(v) property subject to a trust, for the purpose of vesting
the property in persons appointed as trustees under the
instrument creating the trust or by a court or, by order of acourt, for the purpose of giving effect to the trust; or(vi) property to be used by the State for the purpose ofproviding, 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 themaking or operation of any law—(i) so far as it provides for the orderly marketing or
production or growth or extraction of any agricultural
product or mineral or any article or thing prepared formarket or manufactured therefor or for the reasonable
restriction of the use of any property in the interest ofsafeguarding the interests of others or the protection oftenants, licensees or others having rights in or over suchproperty;(ii) so far as it provides for the making of contributions
compulsorily by workers to any industrial scheme orworkers’ organisation intended to work or provide for the
benefit or welfare of such workers or of their fellow
workers or of any relatives and dependants of any of them;(iia) so far as it provides for the regulation of wages, that
is, any money or other thing had or contracted to be paid,delivered or given as recompense, reward or remuneration
for any work, labour or service done or to be done, whether
such provision is made prospectively or retrospectively,
including retrospectively with effect from a day earlier thanthe day fixed for the coming into operation of thisConstitution; or(iii) for the compulsory taking of possession in the public
interest of any property, or the compulsory acquisition in the
public interest of any interest in or right over property, wherethat property, interest or right is held by a body corporate
established directly by law for public purposes in which

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moneys provided by Parliament or by any Legislaturepreviously established for the territory of Guyana have been
invested.
(4) In paragraph (3)(iia)—(a) “regulation” includes fixation, stabilisation, freezing or
reduction;(b) “wages” includes merit increment or other increment
in wages.
Protection
againstarbitrarysearch or
entry.

143. (1) Except with his own consent, no person shall be subjected tothe 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 tothe extent that the law in question makes provision—(a) that is reasonably required in the interests of defence,
public safety, public order, public morality, public health, town
or country planning, the development or utilisation of mineral
resources, or the development or utilisation of any otherproperty 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 or agent of the Governmentof Guyana, or of a local democratic organ or of a body
corporate established directly by law for public purposes toenter on the premises of any person in order to inspect thosepremises 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 on thosepremises and that belongs to that Government, local
democratic organ or body corporate, as the case may be, orfor the purpose of obtaining or verifying information requiredfor compiling national statistics or required for the purposesof planning, management and development of the national
economy; or

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Constitution(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 offence, then, unlessthe charge is withdrawn, the case shall be afforded a fair hearing withina reasonable time by an independent and impartial court established bylaw.
(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
offence—(a) shall be presumed to be innocent until he is proved or
has pleaded guilty;(b) shall be informed as soon as reasonably practicable, ina language that he understands and in detail, of the nature of
the offence 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 inperson or by a 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 theexamination of witnesses to testify on his behalf before thecourt on the same conditions as those applying to witnesses
called by the prosecution; and(f) shall be permitted to have without payment theassistance of an interpreter if he cannot understand thelanguage 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 theproceedings 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.

Provisions tosecureprotection oflaw.

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73(3) When a person is tried for any criminal offence, the accused
person or any person authorised by him in that behalf shall, if he sorequires and subject to payment of such reasonable fee as may beprescribed 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 offence on
account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any
criminal offence that is more severe in degree or nature than the most
severe penalty that might have been imposed for that offence at the time
when it was committed.
(5) No person who shows that he has been tried by a competentcourt for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any other criminal offence of which hecould have been convicted at the trial for that offence, save upon theorder 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 offence if he shows that
he has been granted a pardon for that offence.
(7) No person who is tried for a criminal offence shall becompelled to give evidence at the trial.
(8) Any court or other tribunal prescribed by law for thedetermination of the existence or extent of any civil right or obligation
shall be established by law and shall be independent and impartial; andwhere 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, allproceedings of every court and proceedings for the determination of theexistence or extent of any civil right or obligation before any othertribunal, including the announcement of the decision of the court or othertribunal, shall be held in public.

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Constitution(10) Nothing in the preceding paragraph shall prevent the court
or other tribunal from excluding from the proceedings persons other thanthe parties thereto and their legal representatives to such extent as thecourt or other tribunal—(a) may by law be empowered so to do and may consider
necessary or expedient in circumstances where publicity
would prejudice the interests of justice or in interlocutory
proceedings or in the interests of decency, public morality, thewelfare of persons under the age of eighteen years or theprotection of the private lives of persons concerned in theproceedings; or(b) may by law be empowered or required so to do in theinterests of defence, public safety or public order.
(11) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of—(a) paragraph (2) (a) to the extent that the law in question
imposes upon any person charged with a criminal offence theburden 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 theirexpenses 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 fora criminal offence notwithstanding any trial and conviction or
acquittal of that member under the disciplinary law of thatforce, 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 thatdisciplinary law.
(12) In the case of any person who is held in lawful detention,
the provisions of paragraph (l), paragraph (2) (d) and (e) and paragraph(3) shall not apply in relation to his trial for a criminal offence under thelaw regulating the discipline of persons held in such detention.

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75(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 offence is given a fair trial and accordingly tomake provision for legal aid to be given in suitable cases.
(14) In this article “criminal offence” means a criminal offence
under the law of Guyana.
Protection of
freedom of
conscience.

145. (1) Except with his own consent, no person shall be hindered in
the enjoyment of his freedom of conscience, and for the purposes of thisarticle the said freedom includes freedom of thought and of religion,
freedom to change his religion or belief, and freedom, either alone or incommunity with others, and both in public and in private, to manifest andpropagate his religion or belief in worship, teaching, practice andobservance.
(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 ceremonyor observance if that instruction, ceremony or observance relates to areligion which is not his own.
(4) No person shall be compelled to take any oath which iscontrary to his religion or belief or to take any oath in a manner whichis 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 tothe extent that the law in question makes provision—(a) which is reasonably required—(i) in the interests of defence, public safety, public order,
public morality or public health; or

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Constitution(ii) for the purpose of protecting the rights and freedomsof other persons, including the right to observe and practice
any religion without the unsolicited intervention of membersof any other religion; or(iii) with respect to standards or qualifications to berequired in relation to places of education including any
instruction (not being religious instruction) given at suchplaces.
(6) References in this article to a religion shall be construed asincluding 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 tohold opinions without interference, freedom to receive ideas andinformation without interference, freedom to communicate ideas andinformation without interference and freedom from interference withhis 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 tothe extent that the law in question makes provision—(a) that is reasonably required in the interests of defence,
public safety, public order, public morality or public health;(b) that is reasonably required for the purpose of protecting
the reputations, rights, and freedoms of other persons or theprivate lives of persons concerned in legal proceedings,
preventing the disclosure of information received inconfidence, maintaining the authority and independence ofthe courts, regulating the technical administration or thetechnical operation of telephony, telegraphy, posts, wirelessbroadcasting or television, or ensuring fairness and balance inthe dissemination of information to the public; or(c) that imposes restrictions upon public officers orofficers of any corporate body established on behalf of the
public or owned by or on behalf of the Government of
Guyana;Protection of
freedom of
expression.
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77

Cap. 1:01(d) that imposes restrictions upon any person, institution, body,authority or political party from taking any action or advancing,
disseminating or supporting any idea, which may result in racial or
ethnic divisions among the people of Guyana.”(3) Freedom of expression in this article does not relate to hatespeeches or other expressions, in whatever form, capable of exciting
hostility or ill-will against any person or class of persons.”

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Protection of
freedom ofassembly andassociation.

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 inparticular to form or belong to political parties or to form or belong totrade 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 tothe extent that the law in question makes provision—(a) that is reasonably required in the interests of defence,
public safety, public order, public morality or public health; or(b) that is reasonably required for the purpose of 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 dependants of any of them.

Protection of
freedom of
movement.

148. (1) No person shall be deprived of his freedom of movement, thatis to say, the right to move freely throughout Guyana, the right to residein 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 withor 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 tothe extent that the law in question makes provision—(a) for the imposition of restrictions on the movement orresidence within Guyana of any person or on any person’s
right to leave Guyana that are reasonably required in theinterests of defence, public safety or public order or for the
purpose of preventing the subversion of democratic

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institutions in Guyana;(b) for the imposition of restrictions on the movement orresidence within Guyana or on the right to leave Guyana of
persons generally or any class of persons that are reasonably
required in the interests of defence, public safety, publicorder, 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 right to leave Guyana either in consequenceof his having been found guilty of a criminal offence under thelaw of Guyana or 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 forproceedings 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 orresidence within Guyana or on the right to leave Guyana of
public officers;(g) for the removal of persons from Guyana—(i) to be tried or punished in some other country for acriminal 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 madein pursuance of a law of Guyana relating to the treatment ofoffenders under a specified age; or(iv) to be detained for care or treatment in a hospital orother institution in pursuance of a law of Guyana relating topersons suffering from defect or disease of the mind; or

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Constitution(h) for the imposition of restrictions on the right of any
person to leave Guyana that are reasonably required in order
to secure the fulfilment of any obligations imposed on that
person by law.
(4) The 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).
Protection
from discrimination on the
grounds ofrace, etc.

149. (1) Subject to the provisions of this article—(a) no law shall make any provision that is discriminatory
either of itself or in its effect; and(b) no person shall be treated in a discriminatory manner by
any person acting by virtue of any written law or in theperformance 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, politicalopinions, colour or creed whereby persons of one such description are
subjected to disabilities or restrictions to which persons of another suchdescription are not made subject or are accorded privileges oradvantages which are not afforded to persons of another suchdescription.
(3) Paragraph (1)(a) shal1 not apply to any law so far as that law
makes provision—(a) with respect to persons who are not citizens of Guyana;(b) with respect to adoption, marriage, divorce, burial,
devolution of property on death or other matters of personallaw; or(c) whereby persons of any such description as ismentioned in the preceding paragraph may be subjected toany disability or restriction or may be accorded any privilege

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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 (l)(a) to the extent that it makes
provision with respect to standards or qualifications (not being standards
or qualifications specifically relating to race, place of origin, politicalopinion, 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 isexpressly or by necessary implication authorised to be done by any suchprovision 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 tothe extent that the law in question makes provision—(a) whereby persons of any such description as ismentioned in paragraph (2) may be subjected to any
restriction on the rights and freedoms guaranteed by articles
143, 145, 146, 147 and 148, being such a restriction as isauthorised 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 ofGuyana; or(c) for the protection, well-being or advancement of theAmerindians of Guyana.
(7) Paragraph (l)(b) shall not affect any discretion relating to theinstitution, conduct or discontinuance of civil or criminal proceedings inany court that is vested in any person by or under this Constitution or any
other law.

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Provisions fortime of war or
emergency.

150. (1) This article applies to any period when—(a) Guyana is at war; or(b) there is in force a proclamation (in this article referred
to as a “proclamation of emergency”) made by the President
declaring that a state of public emergency exists for the
purposes of this article; or(c) there is in force a resolution of the National Assembly,
in favour of which there were cast the votes of not fewer than
two-thirds of all the elected members, declaring that
democratic institutions in Guyana are threatened bysubversion.
(2) Nothing contained in or done under the authority of any law
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 thisarticle applies provision, or authorises the doing during any such periodof 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 shallaccordingly meet and sit upon the day appointed by the
proclamation and shall continue to sit and act as if it had stoodadjourned 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 expirationof a period of fourteen days beginning on the date on which it wasmade or such longer period as may be provided under the next

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following subparagraph, but without prejudice to the making ofanother proclamation of emergency at or before the end of that
period.
(c) If at any time while a proclamation of emergency is inforce (including any time while it is in force by virtue of theprovisions 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, cease 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
without prejudice to the passing of another resolution by the Assemblyin 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 aprovision 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 sucha 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 than six months from the date on which his case was last
reviewed as aforesaid.

Reference totribunal incertain cases.

(2) On any review by a tribunal in pursuance of the preceding
paragraph of the case of any person the tribunal may makerecommendations 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 law, that authority shall not be obliged
to act in accordance with any such recommendation.

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Constitution(3) A tribunal established for the purpose of this article shall beso established by law and constituted in such manner as to secure its
independence and impartiality and presided over by a person appointed
by the Chancellor from among persons entitled to practise in Guyana as
attorneys-at-law.
Saving ofexisting lawsand disciplinary laws.

152. (1) Except in proceedings commenced before the expiration ofa period of six months from the commencement of this Constitution, withrespect to a law made under the Guyana Independence Order 1966 andthe Constitution annexed thereto, nothing contained in or done under theauthority of any written law shall be held to be inconsistent with or incontravention of any provision of articles 138 to 149 (inclusive) to theextent that the law in question—(a) is a law (in this article referred to as “an existing law”)
that had effect as part of the law of Guyana immediately
before the commencement of this Constitution, and has
continued to have effect as part of the law of Guyana at all
times since that day;(b) repeals and re-enacts an existing law without
alteration; or(c) alters an existing law and does not thereby render that
law inconsistent with any provision of the said articles 138 to
149 in a manner in which, or to an extent to which, it was notpreviously so inconsistent.
(2) In subparagraph (c) of the preceding paragraph thereference to altering an existing law includes references to repealing it
and re-enacting it with modifications or making different provisions inlieu thereof, and to modifying it; and in the preceding paragraph “writtenlaw” includes any instrument having the force of law and in this and thepreceding 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 thisTitle, other than articles 138, 140 and 141.

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85(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 lawof 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, Enforcement
including a person acting on behalf of another who is not acting in his of protective
provisions.
or her own name, or a person acting on behalf of a group or an [6 of 2001]
association acting on behalf of its members, alleges that any of theprovisions of articles 138 to 151 (inclusive) has been, is being, or is likely
to be contravened in relation to him or her (or in the case of a person who
is detained, if any other person alleges such a contravention in relation
to the detained person) then, without prejudice to any other action withrespect to the same matter which is lawfully available, that person or
association (or that other person) may apply to the High Court for
redress.”(2) The High Court shall have original jurisdiction—(a) to hear and determine any application made by any
person in pursuance of the preceding paragraph;(b) to determine any question arising in the case of any
person which is referred to it in pursuance of the next
following paragraph,and may make such orders, issue such writs and give such directions as
it may consider appropriate for the purpose of enforcing or securing theenforcement of any of the provisions of articles 138 to 151 (inclusive).

(3) If in any proceedings in any court subordinate to the High
Court any question arises as to the contravention of any of the provisionsof articles 138 to 151 (inclusive), the person presiding in that court shallrefer the question to the High Court unless, in his opinion, the raising of
the question is merely frivolous or vexatious.

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Constitution(4) Where any question is referred to the High Court inpursuance 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 subjectof 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 thisarticle.
(6) Parliament may make provision with respect to the practiceand procedure—(a) of the High Court in relation to the jurisdiction andpowers 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 theHigh Court under paragraph (3),including provision 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 court.
Interpretation.

154. In this Title, unless the context otherwise requires—“contravention”, in relation to any requirement, includes a failure tocomply with that requirement, and cognate expressions shall be
construed accordingly;“court” means any court of law having jurisdiction in Guyana other thana court established by a disciplinary law and, in articles 138 and 140,a court established by a disciplinary law;

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87“disciplinary law” means a law regulating the discipline of any
disciplined force;“disciplined force” means—(a) any group of persons functioning whether wholly or
partially as a naval, military, para-military or air force;(b) a police force:(c) a prison service; or(d) a fire service;“legal representative”, in relation to any court or other tribunal means aperson 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 thatdiscipline; andnational 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 2PARLIAMENT

155. (1) No person shall be qualified for election as a member of the
National Assembly who—(a) is, by virtue of his own act, under any
acknowledgement of allegiance, obedience or adherence toa 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 namecalled) exceeding six months imposed on him by a court orsubstituted by competent authority for some other sentence

Disqualifications forelection as
members.
[17 of 1984
14 of 2000]

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imposed on him by a court, or is under such a sentence ofimprisonment the execution of which has been suspended; or(d) holds or is acting in the office of any Judge of theSupreme Court of Judicature, a member of the Public Service
Appellate Tribunal, the Elections Commission, the Judicial
Service Commission, the Public Service Commission, theTeaching Service Commission or the Police Service
Commission, the Director of Public Prosecutions, theOmbudsman or the Auditor General.

(6) Without prejudice to the provisions of paragraphs (1),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, thatis to say—(a) if he holds or is acting in any office that is specified by
Parliament and the functions of which involve responsibility
for, or in connection with, the conduct of an election or thecompilation or revision of any register of electors for the
purposes of an election;(b) subject to any exceptions and limitations prescribed by
Parliament, if he has any such interest in any such
Government contract, as may be so prescribed;(c) subject as aforesaid, if—(i) he holds or is acting in or performing the functions of
any office or appointment prescribed by Parliament either
individually or by reference to a class of office or
appointment;(ii) he belongs to any armed force of Guyana or to anyclass of persons that is comprised in any such force; or(iii) he belongs to any police force of Guyana or to anyclass 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
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89(i) has been convicted by a court of an offence relating
to excitement of hostility or ill-will against any person orclass 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 beenreported guilty of such an offence by the High Court inproceedings under article 163:
Provided that Parliament may empower the court to exempt a
person from disqualification for election on account of such a conviction
or report if the court deems it just so to do.
(7) For the purposes of paragraph (1) (c)—(a) two or more sentences of imprisonment that are
required to be served consecutively shall be regarded as
separate sentences if none of those sentences exceeds six
months, but if any one of those sentences exceeds that term
they shall be regarded as one sentence; and(b) no account shall be taken of a sentence ofimprisonment imposed as an alternative to or in default of thepayment of a fine.
(8) In paragraph (6) (b) “Government contract” means any
contract made with the Government of Guyana or with a department ofthat Government or with an officer of that Government contracting assuch.

156.(1) A member of the National Assembly shall vacate his seat
therein—(a) if he resigns it by writing under his hand addressed to
the Speaker or, if the office of Speaker is vacant or the
Speaker is absent from Guyana, to the Deputy Speaker:

Tenure ofseats ofmembers of
the National
Assembly[14 of 2000]

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Provided that, if the President certifies that the member had
resigned for the purpose of giving further service to the public, themember, if otherwise 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 therules 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 theAssembly, would cause him to be disqualified for election asa 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) wheneverParliament is dissolved;(2)(a) If circumstances such as are referred to in
subparagraph (d) of the preceding paragraph arise in relation toa member of the Assembly by virtue of the fact that he isadjudged to be of unsound mind, sentenced to death or
imprisonment, or convicted or reported guilty of an offence andif it is open to the member to appeal against the decision (eitherwith the leave of a court or other authority or without such leave),he shall forthwith cease to perform his functions as a member ofthe Assembly but, subject to the next following subparagraph, heshall not vacate his seat until the expiration of a period of thirtydays thereafter:(3) A member of the National Assembly elected on a list shall bedisqualified from being a member of the Assembly, if he or she, in theprescribed manner, declares that he or she will not support the list fromwhich his or her name was extracted or, declares that he or she abstain
from supporting that list or , declares his or her support for another list.

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91

Provided that the Speaker may, at the request of the member, fromtime 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 byresolution.
(b) If, on the determination of any appeal, such circumstances
continue to exist and no further appeal is open to the member ofthe Assembly, or if, by reason of the expiration of any period forentering 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 circumstances as aforesaid cease toexist, his seat shall not become vacant by reason of thosecircumstances, 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 andalso—

Speaker and
DeputySpeaker[14 of 2000](a) in the case of a Speaker elected from among themembers of the Assembly or in the case of the Deputy
Speaker—(i) if he ceases to be a member of the Assembly for any
cause other than a dissolution of Parliament :Provided that where a person, who holds the office of Speaker,
ceases to be a member of the National Assembly by virtue of the holdingof an election referred to in article l56(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;

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Constitution(ii) if, by virtue of paragraph (2) (a) of the precedingarticle he is required to cease to perform his functions as amember of the Assembly; or(iii) if he is appointed to be a Minister or a Parliamentary
Secretary;(b) in the case of a Speaker elected from among persons
who are not members of the Assembly if he ceases to be a
citizen of Guyana or if any circumstances arise that would
cause him to be disqualified for election as a member of theAssembly by virtue of article l55 or of any law enacted inpursuance thereof;(c) if he announces the resignation of his office to the
Assembly or if by writing under his hand addressed, in thecase of the Speaker, to the Clerk of the Assembly or in thecase of the Deputy Speaker, to the Speaker (or, if the officeof 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.
Clerk and
Deputy Clerk

158. (1) Subject to the provisions of the next following 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 particularcase, 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 aresolution which has received the affirmative votes of a majority of all
the elected members thereof, has resolved that he ought to be soremoved for inability to discharge the functions of his office (whether
arising from infirmity of body or mind or any other cause) or for
misbehaviour.
(3) The provisions of paragraphs (1) and (2) shall apply to the
Deputy Clerk as they apply to the Clerk.

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93(4) Subject to the provisions of article 222 the terms of service(including salary and allowances) of the Clerk and Deputy Clerk shallbe determined from time to time by a Commission consisting of the
Speaker, as Chairman, the Minister responsible for finance or a person
nominated by that Minister to represent him at any meeting of theCommission and one other Minister designated from time to time by thePrime Minister.
(5) A person who is a public officer may, without ceasing to holdoffice in the public service, be appointed in accordance with theprovisions of this article to the office of Clerk or Deputy Clerk but—(a) no such appointment shall be made without theconcurrence of the appropriate service authority;(b) the provisions of paragraphs (l), (2) and (3) shall in
relation to an officer so appointed, apply, subject to theprovisions of subparagraph (d) as respects his service as
Clerk or Deputy Clerk but not as respects his service as apublic officer;(c) an officer so appointed shall not, during his continuancein the office of Clerk or Deputy Clerk, perform the functionsof any public office; and(d) an officer so appointed may at any time be appointed
bv the appropriate service authority to assume or resume thefunctions of a public office and he shall thereupon vacate his
office as Clerk or Deputy Clerk, but no appointment under thissubparagraph 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 thisConstitution, is vested the power to make appointments to the public
office held by the person to be appointed as Clerk or Deputy Clerk or
the functions of which the Clerk or Deputy Clerk is to be appointed toassume or resume, as the case may be.

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Constitution(7) The functions conferred by this article on the Speaker shall,
if there is no person holding the office of Speaker or if the Speaker isabsent from Guyana or is otherwise unable to perform those functions,be performed by the Deputy Speaker.
Qualifications
and disqualifications forelectors.
[ 3 of 2001]

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 shallnot be so qualified unless, on the qualifying date, he is of the age ofeighteen years or upwards and either—(a) is a citizen of Guyana; or(b) is a Commonwealth citizen who is not a citizen of
Guyana and who is domiciled and resident in Guyana and has
been so resident for a period of one year immediately
preceding the qualifying date; and(c) satisfies such other qualifications as may be prescribedby or under any law.
(3) No person shall be qualified to be so registered who on thequalifying 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 beenreported 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 registration on account of such aconviction 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 revised.

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160. (1) Subject to the provisions of the next following paragraph, thesystem of proportional representation referred to in article 60 (2) for theelection of such number of members of the National assembly as shallbe determined by the Assembly, shall be as follows-

Electoral
system.

(a) votes shall be cast throughout Guyana in favour of lists ofcandidates;(b) each elector shall have one vote and may cast it in favour of anyof the lists; and(c) the seats of the said elected members in the Assembly, as
determined under this paragraph, shall be allocated between the lists insuch a manner that the proportion that the number of such seats
allocated to each list bears to the number of votes cast in favour of thatlist is as nearly as may be the same for each list, thus minimising the levelof disproportionality between the percentages of votes earned by lists
and the percentages of seats allocated to lists in the cases of individual
geographical constituencies, if they exist, and of the Assembly taken asa whole.

(2) Parliament may make provision for the division of Guyana into such
number of geographical constituencies, not being more than half thenumber of the elected members of the Assembly as Parliament may
prescribe and for the election in each such constituency of suchnumberof members of the Assembly as Parliament shall, subject to paragraph(4) prescribe; but, if Parliament makes provisions as aforesaid, then(a) a person may stand as a candidate for election in any such
geographical constituency only if, in such manner as Parliament may
prescribe, he has declared that he supports, or has otherwise identified
himself with one and only one of the lists related to that geographicalconstituency, not with a list i any other geographical constituency;
and not with any list of another party; andL.R.O. 3/1998

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Constitution(b) those of the said seats in the Assembly as determined underparagraph (1), for which members are not elected in geographicalconstituencies as aforesaid shall be allocated betwen the contesting
parties in accordance with the results of the voting throughout
Guyana in favour of the lists of the contesting parties in such amanner that the proportion that the number of seats allocated to eachparty, when added to the number of members identified with thatparty’s lists elected in the geographical constituencies, bears to thenumber of votes cast in favour of that party is as nearly as may be
the same for each party, thus minimising the level ofdisproportionality between the percentages of votes earned byparties and the percentages of seats allocated to parties in the
Assembly(3) Subject to the provisions of this Constitution, Parliament may makeprovision(a) (i) for the registration of electors;(ii) for the manner in which lists of candidates shall be prepared,
including the provision in a list of the names of a sufficient number ofcandidates to enable any vacancies to be filled under subparagraph (vii),
and which manner shall allow voters to be sure which individuals they
are electing to the National Assembly;(iii) for the manner in which the number of seats to be allocated toeach list shall be calculated in order to give effect to the provisions ofparagraph (1) or paragraph (2), as the case may be;(iv) for the combination of lists of candidates for the purpose of theallocation of seats (but not for the purpose of voting);(vi) for the extraction from the lists and declaration of names of thecandidates who have been elected, and for such provision for extraction
to take into account the proportion that women form of the electorate;(vii) for the manner in which elections of members of the National
Assembly shall be held pursuant to the provisions of p a r a g r a p h s ( 1 )and (2);

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97(viii) generally for the conduct of elections of members of the
National Assembly and for giving effect to the provisions of thisConstitution relating thereto;(b) (i) for the criteria for the participation of political parties in thegeneral election;(ii) for the formulae to be used to translate votes for a contesting
party into seats for that party in the National Assembly;(iii) for the minimum number or proportion of female candidates
on a party’s lists for geographical constituencies taken individually or
together;(v) for the maximum percentage or the number of geographicalconstituencies a party can contest in which its lists contain no female
candidate.
(4) The total number of seats in the National Assembly that arederived from geographical constituencies shall be such that the
number of seats not derived from geographical constituencies thatmight arise from the allocations of seats to geographical constituencies
160 A. (1) all persons and political parties are prohibited from taking
any action or advancing, disseminating or communicating any idea
which may result in racial or ethnic division among the people.
(2) For the purposes of paragraph (1), Parliament shall by
law make provision for offences and penalties, including penalties
preventing or disbarring any person or ship or being a member, as thecase may be, of the local democratic organs or of the National
Assembly.

Political
partiesprohibitedfrom causing
ethnic division[14 of 200]

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161 (1) There shall be an Elections Commission for Guyana consistingof a Chairman, who shall be a fulltime Chairman and shall not engage
in any other form of employment, and such other members as may be
appointed in accordance with the provisions of this article.
(2) Subject to the provisions of paragraph (4), the Chairman of
the Elections Commission shall be a person who holds or who has held
office as a judge of a court having unlimited jurisdiction in civil andcriminal matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court or who is qualified to beappointed as any such judge, or any other fit and proper person, to beappointed by the President from a list of six persons, not unacceptable
to the President, submitted by the Leader of the Opposition after
meaninful consultatal political parties represented in the National
assembly.
Provided that if the Leader of the Opposition fails to submit a list as
provided for, the President shall appoint a person who holds or has
held office as a judge of a court having unlimited jurisdiction in civil andcriminal matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court or who is qualified to beappointed as any such judge.
(3) In addition to the Chairman, there shall be six members of theCommission who shall be appointed in the following manner(a) three members to be appointed by the President, acting in his
own deliberate judgment; and(b) three members to be appointed by the President acting inaccordance with the advice of the Leader of the Opposition tenderedafter meanunful consultation with non governmental political parties
represented in the National Assembly.

Elections
Commission.
[2 of 2000]

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99(4) A person shall be disqualified for appointment as the Chairman orother member of the Commission if he is an alien.
(5) The Chairman or any other member of the Elections Commission
shall vacate his office if any circumstances arise that, if he were not amember of the Commission, would cause him to be disqualified forappointment as such.
(6) The provisions of article 225 (which relate to removal from office)shall apply to the office of the Chairman or other members of theElections Commission and for the purposes of paragraphs (4) and (6) ofthat article, the prescribed authority shall be the Prime Minister:
Provided that in the case of the members referred to in paragraph (3)(b), the Prime Minister shall meaningfully consult the Leader of the
Opposition before tendering any advise to the President under article
225(4).
(7) If, by reason of his illness, absence from Guyana, or suspension
under article 225, the Chairman or any other member of the Elections
Commission is unable to perform his functions as such, a temporary
Chairman or other member, as the case may be, may be appointed in hisplace.
(8) The provisions of this article shall apply in relation to the appointmentof a temporary Chairman or other member of the Elections Commission,and to a temporary Chairman or other member appointed in accordancewith this article, as they apply in relation to the Chairman or othermember, as the case may be, of the Elections Commission in whoseplace 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, the Chairman or other member, as thecase may be, of the Commission.

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161A. (1) The Elections Commission shall be responsible for theefficient functioning of the Secretariat of the Commission, whichshall comprise the officers and employees of the Commission, andfor the appointment of all the staff to the offices thereof inclusive of
all temporary staff, recruited for the purposes of boundary demarcation, registration of persons and elections and shall have the power toremove and to exercise disciplinary control over such staff.
(2) The Elections Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate any of its
powers under paragraph (1) to any one or more members of theCommission, or by such directions and subject to such conditions as it
thinks fit, delegate such powers to such officers of the Commission
as the Commission may determine(3) Before the Elections Commission or any member thereofor other person exercising powers under this article appoints to or toact in any office referred to in paragraph (1) any person who holds
or is acting in any office, power to make appointments to which isvested under this Constitution in the Judicial, the Teaching, the Policeor Public Service Commission, the Elections Commission or thatmember or other person shall first seek and obtain the approval of
the Commission in which that power is vested(4) Where a public officer is appointed to an office referred toin paragraph (1) he shall, subject to the said paragraph (1), remain apublic officer unless the Commission determines that that office shallbe independent of any other Commission(5) Nothing in this article shall be construed as precluding theElections Commission from appointing any person who is not a public
officer to an office referred to in paragraph (1).
Role ofpolitical
parties in the
conduct ofelectionsthrough theElections

161B It is hereby declared that the role of political parties and theirnominees in the conduct of elections by the Elections Commission
shall be limited to their participation in determining policy, monitoring
the electoral process and the conduct of the election, but does notinclude active management of the electoral process.

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162. (1) The Elections Commission shall have such functions
connected with or relating to the registration of electors or the conductof 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—

101

Functions ofElections
Commission.
[14 of 2000](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 thisConstitution 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) of article 60 or article 160(2)on the day appointed therefor would be attended, either generally or ina particular area, by danger or serious hardship, it may, after consultation
with the Prime Minister and the Leader of the Opposition, by notice
published in the Gazette—(a) postpone the holding of the election to a day specified
in the notice; or(b) postpone the voting in any area specified in the notice
to a day so specified.
163. (1) Subject to the provisions of this article, the High Court shallhave exclusive jurisdiction to determine any question—(a) regarding the qualification of any person to be elected
as a member of the National Assembly;(b) whether—

Determinationof questions as
to membershipand elections.
[14 of 2000]

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Cap. 1:01(i) either generally or in any particular place, an election
has been lawfully conducted or the result thereof has been,or may have been, affected by any unlawful act or omission;(ii) the seats in the Assembly have been lawfully
allocated;(iii) a seat in the Assembly has become vacant; or(iv) any member of the Assembly is required under theprovisions of article 156(2) and (3) to cease to exercise anyof his functions as a member thereof;(c) regarding the filling of a vacant seat in the Assembly,or(d) whether any person has been validly elected as
Speaker of the Assembly from among persons who are notmembers thereof or, having been so elected, has vacated theoffice of Speaker.
(2) Proceedings for the determination of any question referred toin the preceding paragraph may be instituted by any person (including theAttorney General) and, where such proceedings are instituted by aperson other than the Attorney General, the Attorney General if he is nota party thereto may intervene and (if he intervenes) may appear or be
represented therein.
(3) An appeal shall lie to the Court of Appeal—(a) from the decision of a Judge of the High Court granting
or refusing leave to institute proceedings for thedetermination of any question referred to in paragraph (1);(b) from the determination by the High Court of any suchquestion, or against any order of the High Court made inconsequence of such determination.
(4) Parliament may make provision with respect to—(a) the circumstances and manner in which and theconditions upon which proceedings for the determination of
any question under this article may be instituted in the High
Court and an appeal may be brought to the Court of Appeal

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103

in respect thereof;(b) the consequences of the determination of any question
under this article and the powers of the High Court in relation
to the determination of any such question, including (without
prejudice to the generality of the foregoing power) provisionempowering the High Court to order the holding of a fresh
election throughout Guyana or a fresh ballot in any part
thereof or the re-allocation of seats in whole or in part; and(c) the practice and procedure of the High Court in relation
to the jurisdiction and powers conferred upon it by or under
this article and of that Court and the Court of Appeal in
relation to appeals to the Court of Appeal under this article,
and, subject to any provision so made, provision may be made withrespect to the matters aforesaid by rules of court.
(5) In this article reference to any person being elected shall beread and construed as a reference to any person being elected underparagraph (2) of article 60 or under article 160(2), as the case may be.
164.(1) Subject to the provisions of paragraphs (2) and (3), a Bill foran Act of Parliament to alter this Constitution shall not be passed by the
National Assembly unless it is supported at the final voting in the
Assembly by the votes of a majority of all the elected members of theAssembly.

Procedure foraltering thisConstitution.

(2) A Bill to alter any of the following provisions of thisConstitution, that is to say—(a) this article, articles 1, 2, 8, 9, 18, 51, 66, 89, 99 and 111;and(b) articles 3, 4, 5, 6 and 7, 10 to 17 (inclusive), 19 to 49(inclusive), 52 to 57 (inclusive), 59, 60, 62, 63, 64, 65, 67, 68,
69, 70, 72 (in so far as it relates to the number of regions), 90
to 96 (inclusive), 98, 108, 110, 116, 120 to 163 (inclusive, but
excepting article 132), 168 to 215 (inclusive, but excepting
articles 173, 185, 186, 192 (2) and (3) and 193), 222, 223, 225,
226, 231 and 232 (excepting the definition of “financial year”),

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shall not be submitted to the President for his assent unless the Bill, notless than two and not more than six months after its passage through the
National Assembly, has, in such manner as Parliament may prescribe,
been submitted to the vote of the electors qualified to vote in an election
and has been approved by a majority of the electors who vote on the Bill:
Provided that if the Bill does not alter any of the provisions
mentioned in subparagraph (a) and is supported at the final voting in the
Assembly by the votes of not less than two-thirds of all the elected
members of the Assembly it shall not be necessary to submit the Bill tothe vote of the electors.
(3) In this article—(a) references to this Constitution or to any particularprovision thereof include references to any other law in so far
as that law alters the Constitution or, as the case may be, thatprovision; and(b) references to altering this Constitution or any particularprovision thereof include references to repealing it, with orwithout re-enactment thereof or the making of different
provision in lieu thereof, to modifying it and to suspending its
operation for any period.
Regulation ofprocedure.

165. (1) Subject to the provisions of this Constitution, the National
Assembly may regulate its own procedure and may make rules for that
purpose.
(2) The Assembly may act notwithstanding any vacancy in its
membership (including any vacancy not filled when the Assembly firstmeets after the commencement of this Constitution or after any
dissolution of Parliament) and the presence or participation of any
person not entitled to be present at or to participate in the proceedingsof the Assembly shall not invalidate those proceedings.

Presiding in
the Assembly

166. (1) The Speaker, or, in his absence, the Deputy Speaker or, if
they are both absent, a member of the National Assembly (not being a
Minister or a Parliamentary Secretary) elected by the Assembly for thesitting shall preside at any sitting of the Assembly.

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Cap. 1:01(2) References in this article to circumstances in which the
Speaker or Deputy Speaker is absent include references tocircumstances in which the office of Speaker or Deputy Speaker isvacant.
167. No member of the National Assembly shall take part in theproceedings of the Assembly (other than proceedings necessary for the
purpose of this article) until he has made and subscribed before theAssembly the oath of office:Oaths ofmembers.

Provided that the election of a Speaker and Deputy Speaker of theAssembly may take place before the members thereof have made andsubscribed such oath.
168. (1) Save as otherwise provided by this Constitution, all questions
proposed for decision in the National Assembly shall be determined bya majority of the votes of the members present and voting.

Voting.

(2) Except as provided by the next following paragraph, theSpeaker or other member presiding in the Assembly shall not vote unlesson any question the votes are equally divided, in which case he shall haveand exercise a casting vote.
(3) A Speaker elected from among persons who are notmembers of the Assembly shall have neither an original nor a casting
vote and if, upon any question before the Assembly when such a
Speaker is presiding, the votes of the members are equally divided, themotion shall be lost.
169. If objection is taken by any member of the National Assemblypresent that there are present in the Assembly (besides the personpresiding) less than one-third of all the elected members of theAssembly, and, after such interval as may be prescribed in the rules ofprocedure of the Assembly, the person presiding ascertains that there
are still present less than one-third of all the elected members, he shallthereupon adjourn the Assembly.

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Mode oflegislation.
[17 of 2000]

170. (1) Subject to the provisions of article 164, the power ofParliament to make laws shall be exercised by Bills passed by the
National Assembly and assented to by the President.
(2) When a Bill is presented to the President for assent, he shallsignify that he assents or that he withholds assent.
(3) Where the President withholds his assent to a Bill, he shallreturn it to the Speaker within twenty-one days of the date when it waspresented to him for assent with a message stating the reasons why hehas withheld his assent.
(4) Where a Bill is so returned to the Speaker it shall not again bepresented to the President for assent unless within six months of the Bill
being so returned upon a motion supported by the votes of not less than
two-thirds of all the elected members of the National Assembly the
Assembly resolves that the Bill be again presented for assent.
(5) Where the National Assembly so resolves that a Bill be again
presented for assent, the Bill shall be so presented and the President shallassent to it within ninety days of its presentation.
(6) A Bill shall not become law unless it has been duly passed andassented to in accordance with this Constitution.

Introduction ofBills, etc.

171. (1) Subject to the provisions of this Constitution and of the rulesof procedure of the National Assembly, any member of the Assembly
may introduce any Bill or propose any motion for debate in, or may
present any petition to, the Assembly, and the same shall be debated anddisposed of according to the rules of procedure of the Assembly.
(2) Except on the recommendation or with the consent of the
Cabinet signified by a Minister, the Assembly shall not—(a) proceed upon any Bill (including any amendment to aBill) which, in the opinion of the person presiding, makes
provision for any of the following purposes—(i) for imposing or increasing any tax;

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107(ii) for imposing any charge upon the Consolidated Fundor any other public fund of Guyana or for altering any suchcharge otherwise than by reducing it;(iii) for the payment, issue or withdrawal from theConsolidated Fund or any other public fund of Guyana of
any moneys not charged thereon or any increase in theamount of such a payment, issue or withdrawal; or(iv) for compounding or remitting any debt due toGuyana; or(b) proceed upon any motion (including any amendment toa motion) the effect of which, in the opinion of the personpresiding, would be to make provision for any of the purposes
aforesaid.
172. (1) Subject to the provisions of paragraphs (2), (3) and (4),Parliament may by law determine the privileges, immunities and powersof the National Assembly and the members thereof.

Privileges, etc.,
of members of
the National
Assembly.

(2) No civil or criminal proceedings may be instituted against any
member of the Assembly for words spoken before, or written in a report
to, the Assembly or to a committee thereof or by reason of any matteror thing brought by him therein by petition, bill, resolution, motion orotherwise.
(3) For the duration of any session, members of the Assembly
shall enjoy freedom from arrest for any civil debt.
(4) No process issued by any court in the exercise of its civil
jurisdiction shall be served or executed within the precincts of theAssembly while the Assembly is sitting or through the Speaker, theClerk, or any officer of the Assembly.

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TITLE 3
THE PRESIDENT

177. (1) Any list of candidates for an election held pursuant to theprovisions of article 60(2) shall designate not more than one of thosecandidates as a Presidential candidate. An elector voting at such an
election in favour of a list shall be deemed to be also voting in favour of
the Presidential candidate named in the list.
(2) A Presidential candidate shall be deemed to have been
elected as President and shall be so declared by the Chairman of theElections Commission—(a) if he is the only Presidential candidate at the election;or(b) where there are two or more Presidential candidates,
if more votes are cast in favour of the list in which he isdesignated as Presidential candidate than in favour of any
other list.
(3) Where no person is elected as President under paragraph (2)and where the votes cast in favour of each list are equal in number, or
where the votes cast in favour of each of two or more lists are equal in
number but greater than the number of votes cast in favour of any otherlist, the Chairman of the Elections Commission, acting in the presenceof the Chancellor and of the public, shall by lot choose one of the lists in
respect of which the votes are equal in either of the circumstances
aforesaid and shall declare the Presidential candidate designated in thatlist to be duly elected as President.

Voting.

(4) The Court of Appeal shall have exclusive jurisdiction to hearand determine any question as to the validity of an election of a President
in so far as that question depends upon the qualification of any personfor election or the interpretation of this Constitution; and any decision ofthat Court under this paragraph shall be final.

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Cap. 1:01(5) Subject to the provisions of this Constitution, Parliament may
make provision for giving effect to the provisions of this Title and,without prejudice to the generality thereof, may make provision—(a) for the conduct of elections to the office of President;
and(b) with respect to the persons by whom, the manner inwhich and the conditions upon which proceedings for thedetermination of any question such as is mentioned in thepreceding paragraph may be instituted in the Court of Appeal,and, subject to any provisions made under subparagraph (b), provision
may be made with respect to the matters referred to therein by rules ofcourt.
(6) Subject to the provisions of paragraph (4), an instrument
which—

Quorum.

Privileges of
the Supreme
Congress of
the People.

(a) is executed under the hand of the Chairman of theElections Commission; and(b) states that a person named in the instrument was
declared elected as President at an election held pursuant to
the provisions of article 60(2),shall be conclusive evidence that the person so named was so elected
and no question as to the validity of the election as the President of theperson so named shall be enquired into in any court.
178. (1) The office of President shall become vacant if the person
holding it—(a) dies; or(b) resigns it by writing under his hand addressed to the
Speaker; or(c) ceases to hold it by virtue of the provisions of article 92,
179 or 180.

Election of
President.

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THE PRESIDENT

Election of
President[2 of 2000]

177. (1) Any list of candidates for an election held pursuant to theprovisions of article 60(2) shall designate not more than one of thosecandidates as a Presidential candidate. An elector voting at such an
election in favour of a list shall be deemed to be also voting in favour of
the Presidential candidate named in the list.
(2) there is only one Presidential candidate at the election; or(b) there are two or more Presidential candidate, if more votes arecast in favour of the list in which a person is designated as Presidential candidate than in favour of any other list, that Presidential
candidate shall be deemed to be elected as President and shall be so
declared by the chairman of the Elections Commission acting only inaccordance with the advice of the Chief Election Officer, after suchadvice has been tendered to the Elections Commission at a duly
summoned meeting.

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111(3)Where no person is elected as President under paragraph (2) andwhere the votes cast in favour of each list are equal in number, or wherethe votes cast in favour of each of two or more lists are equal in number
but greater than the number of votes cast in favour of any other list, theChairman of the Elections Commission, acting in the presence of the
Chancellor and of the public, shall by lot choose one of the lists in respectof which the votes are equal in either of the circumstances aforesaid andshall declare the Presidential candidate designated in that list to be duly
elected as President.
(4) The Court of Appeal shall have exclusive jurisdiction to hearand determine any question as to the validity of an election of a President
in so far as that question depends upon the qualification of any personfor election or the interpretation of this Constitution; and any decision ofthat Court under this paragraph shall be final.
(5) Subject to the provisions of this Constitution, Parliament may
make provision for giving effect to the provisions of this Title and,without prejudice to the generality thereof, may make provision—(a) for the conduct of elections to the office of President;
and(b) with respect to the persons by whom, the manner inwhich and the conditions upon which proceedings for thedetermination of any question such as is mentioned in thepreceding paragraph may be instituted in the Court of Appeal,

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Constitution(5)Subject to the provisions of this Constitution, Parliament may makeprovision for giving effect to the provisions of this Title and, without
prejudice to the generality thereof, may make provision—(a) for the conduct of elections to the office of President;
and(b) with respect to the persons by whom, the manner inwhich and the conditions upon which proceedings for thedetermination of any question such as is mentioned in thepreceding paragraph may be instituted in the Court of Appeal,and, subject to any provisions made under subparagraph (b), provision
may be made with respect to the matters referred to therein by rules ofcourt.
(6) Subject to the provisions of paragraph (4), an instrument
which—(a) is executed under the hand of the Chairman of theElections Commission; and(b) states that a person named in the instrument was
declared elected as President at an election held pursuant to
the provisions of article 60(2),shall be conclusive evidence that the person so named was so elected
and no question as to the validity of the election as the President of theperson so named shall be enquired into in any court.
178.(1) The office of President shall become vacant if the person Tenure of officeof President
holding it—[14 of 2000](a) dies; or(b) resigns it by writing under his hand addressed to the
Speaker; or(c) ceases to hold it by virtue of the provisions of article 92,
179 or 180.

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113(2) A person assuming the office of President in accordance withthe provisions of this Constitution shall be disqualified for any otheroffice, employment or appointment to which this paragraph applies andaccordingly on entering upon the duties of the office of President shallvacate any such other office, employment or appointment held by him.
(3) The preceding paragraph applies to the offices of Speaker,
member, Clerk or Deputy Clerk of the National Assembly, any Judgeof the Supreme Court of Judicature, member of the Elections
Commission, the Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission or the Police Service
Commission, any public office, employment in any armed force of
Guyana and any paid appointment as a member or employee of a body
corporate established by law for public purposes.
(4) During any period when a Minister is performing thefunctions of the office of President under article 96 or 179 or has
assumed the office under the proviso to article 95(1), his seat in the
National Assembly shall be regarded as vacant and may be temporarily
filled in accordance with any provision made under article 160(3). At
the expiration of the period the person temporarily filling the seat shallvacate it and the seat shall thereupon be resumed by the Minister:
Provided that the person so vacating the seat shall be eligible for reelection under any provision made as aforesaid.
Removal of
President on
grounds ofincapacity

179. (1) If the members of the National Assembly whose names
appeared as candidates on the same list as that of the President at thelast election held pursuant to article 60(2) resolve, upon a motion
supported by the votes of a majority of all of them, that the question of
the physical or mental capacity of the President to discharge thefunctions of his office ought to be investigated and the Prime Minister
so informs the Chancellor, the Chancellor shall appoint a board
consisting of not less than three persons selected by him from among
persons who are qualified as medical practitioners under the law of
Guyana, and the board shall enquire into the matter and shall make areport to the Chancellor stating the opinion of the board whether or not
the President is, by reason of any infirmity of body or mind, incapable ofdischarging the functions of his office.

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Constitution(2) If the board reports that the President is incapable ofdischarging the functions of the office of President, the Chancellor shallcertify in writing accordingly and thereupon the President shall cease tohold office.
(3) Where the Prime Minister informs the Chancellor that a
resolution has been passed pursuant to paragraph (l) that the question of
the physical or mental capacity of the President to discharge thefunctions of his office should be investigated the President shall, until
another person assumes the office of President or the board appointed
in pursuance of paragraph (1) reports that the President is not incapableof discharging the functions of his office (whichever is the earlier), cease
to perform the functions of his office and those functions shall be
performed by—(a) the Prime Minister; or(b) during any period when there is no Prime Minister or
the Prime Minister is absent from Guyana or is unable, by
reason of physical or mental infirmity, to discharge thefunctions of his office, by such member of the Cabinet, being
an elected member of the National Assembly, as shall beelected by the members referred to in paragraph (1):Provided that any person performing the functions of the office ofPresident under this paragraph shall not dissolve Parliament or, save on
the advice of the Cabinet, revoke any appointment made by the
President.
(4) A motion for the purposes of paragraph (1) may be proposedby any of the members referred to therein at any meeting of suchmembers convened by the Prime Minister.
180. (1) If notice in writing is given to the Speaker of the National Removal of
Assembly, signed by not less than one-half of all the elected members President forof the Assembly, of a motion alleging that the President has committed violation ofConstitution or
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the particulars of the allegations and proposing that a tribunal beestablished under this article to investigate those allegations, the Speaker
shall—(a) if Parliament is then sitting or has been summoned tomeet within five days, cause the motion to be considered by
the Assembly within seven days of the notice; or(b) if Parliament is not then sitting (and notwithstandingthat it may be prorogued) summon the Assembly to meetwithin twenty-one days of the notice and cause the motion to
be considered at that meeting.
(2) Where a motion under this article is proposed forconsideration by the National Assembly, the Assembly shall not debate
the motion but the person presiding in the Assembly shall forthwith cause
a vote to be taken on the motion and, if the motion is supported by thevotes of not less than two-thirds of all the elected members of theAssembly, shall declare the motion to be passed.
(3) If the motion is declared to be passed under paragraph (2)—(a) the Chancellor shall appoint a tribunal which shallconsist of a chairman and not less than two other members
selected by the Chancellor from among persons who hold or
have held office as a Judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of theCommonwealth or a court having jurisdiction on appeals fromany such court;(b) the tribunal shall investigate the matter and shall reportto the National Assembly whether it finds the particulars of
the allegations specified in the motion to have been
substantiated;(c) the President shall have the right to appear and be
represented before the tribunal during its investigation of theallegations against him.

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Constitution(4) If the tribunal reports to the National Assembly that thetribunal finds that the particulars of any allegation against the President
specified in the motion have not been substantiated no further
proceedings shall be taken under this article in respect of that allegation.
(5) If the tribunal reports to the National Assembly that thetribunal finds that the particulars of any allegation specified in the motion
have been substantiated, the Assembly may, on a motion supported by
the votes of not less than two thirds of all elected members of theAssembly, resolve that the President has been guilty of such violation of
the Constitution or, as the case may be, such gross misconduct as isincompatible with his continuance in office as President and, if theAssembly so resolves, the President shall cease to hold office upon thethird day following the passage of the resolution.
181.(1) The President shall receive such salary and allowances as Salary andallowances of
may be prescribed under the provisions of article 222.
President(2) A person who has held the office of President shall receive
such pension or, upon the expiration of his term of office, such gratuity
as may be prescribed by Parliament. Any such pension or gratuity shallbe a charge on the Consolidated Fund.
182. (1) Subject to the provisions of article 180, the holder of the office Immunities ofof President shall not be personally answerable to any court for the President
performance of the functions of his office or for any act done in theperformance of those functions and no proceedings, whether criminal orcivil, shall be instituted against him in his personal capacity in respect
thereof either during his term of office or thereafter.
(2) Whilst any person holds or performs the functions of theoffice of President no criminal proceedings shall be instituted orcontinued against him in respect of anything done or omitted to be done
by him in his private capacity and no civil proceedings shall be instituted
or continued in respect of which relief is claimed against him for anything
done or omitted to be done in his private capacity.

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Cap. 1:01(3) Where provision is made by law limiting the time within which
proceedings of any description may be brought against any person, theperiod during which any person holds or performs the functions of theoffice of President shall not be taken into account in calculating any
period of time prescribed by that law for bringing any such proceedings
as are mentioned in paragraph (2) against him.
TITLE 5
THE EXECUTIVESUBTITLE 1
Ministers, etc.

Tenure of officeof Ministers[14 of 2000]

183. (1) The office of a Minister who was not an elected member ofthe Assembly at the time of his appointment and has not subsequently
become such a member shall become vacant if the holder of the office—(a) ceases to be a citizen of Guyana; or(b) if he becomes disqualified for election as a member ofthe Assembly by virtue of article 155 or of any law enacted
in pursuance thereof.
(2) The office of any other Minister shall become vacant if theholder of the office—(a) ceases to be a member of the Assembly for any cause
other than a dissolution of Parliament;(b) is not a member of the Assembly when the Assembly
first meets after a dissolution of Parliament;(c) is, by virtue of article 156(2) or (3), required to cease toperform his functions as a member of the Assembly.
(3) The office of any Minister shall become vacant—(a) if he resigns it by writing under his hand addressed to
the President;(b) if the President so directs; or

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Constitution(c) on the election of any person to the office of President
pursuant to the provisions of article 177.
184. (1) The Leader of the Opposition shall be elected by and from Leader of theamong the non governmental members of the National Assembly at a Opposition
meeting held under the chairmanship of the Speaker of the National [2 of 2000
14 of 2000]
Assembly, who shall not have the right to vote.

(2) The office of the Leader of the Opposition shall become
vacant if—(a) the holder thereof ceases to be a member of theAssembly for any cause other than a dissolution of Parliament(b) he is not a member of the Assembly when the
Assembly first meets after the dissolution of Parliament(c) by virtue of article 156(2) or (3) he is required to cease
to exercise his functions as a member of the Assembly; or(d) his removal from office is effected under the provisions of
the next following paragraph.
(3) Where one-third of the non governmental members of theAssembly represent to the Speaker that the Leader of the Opposition nolonger enjoys their confidence, the Speaker shall call a meeting of all thenon governmental members at which it shall be decided whether the
Leader of the Opposition shall be removed from office; the removal shallbe effected by the votes of a majority of all the non governmental
members.
(4) The election and removal from office of the Leader of the
Opposition shall be by a show of hands.
(5) For every reference in any provision in this Constitution to theterm “Minority Leader” there shall be substituted the term “Leader of
the Opposition” and any such provision shall be read and construed
accordingly with such modification as may be necessary.

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119185. (1) A person shall not be qualified to be appointed as Attorney
General unless he holds such qualifications as may be prescribed by
Parliament and is a citizen of Guyana.
(2) If the Attorney General is an elected member of the National
Assembly at the time of his appointment or subsequently becomes sucha member, he shall be a Minister by virtue of holding the office ofAttorney General and the provisions of paragraphs (2) and (3) of article
183 shall apply to the office of Attorney General.
(3) If the Attorney General is not an elected member of theAssembly but is qualified to be elected as such a member he may be
appointed by the President to be a Minister.
(4) If an Attorney General appointed to be a Minister under thepreceding paragraph resigns his office as Attorney General he shall also
vacate his office as a Minister.
(5) If the Attorney General is not a Minister he shall vacate his
office if he ceases to be a citizen of Guyana or if his appointment isrevoked by the President.
(6) If the office of Attorney General is vacant or the holder of theoffice is for any reason unable to perform the functions thereof the
President may appoint a person, being a person qualified underparagraph (1}, to act in the office, but the provisions of paragraphs (2)and (3) shall not apply to a person so appointed.
(7) An appointment under the preceding paragraph shall cease tohave effect when it is revoked by the President.

Parliamentary
Secretaries

186. (1) Parliamentary Secretaries may be appointed from among
persons who are elected members of the National Assembly or are
qualified to be elected as such members.

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Constitution(2) Paragraph (1) shall have effect in relation to any period
between a dissolution of Parliament and the day on which the next
election of members of the Assembly is held as if Parliament had notbeen dissolved.
(3) A Parliamentary Secretary who was not an elected memberof the Assembly at the time of his appointment shall (unless he becomessuch a member) be a member of the Assembly by virtue of holding theoffice of Parliamentary Secretary but shall not vote in the Assembly.
(4) The provisions of article 183 shall apply to the office of aParliamentary Secretary as they apply to the office of a Minister.
187. (1) The Director of Public Prosecutions (referred to in this article Functions ofas “the Director”) shall have power in any case in which he considers Director of
Public Prosecuit desirable so to dotions(a) to institute and undertake criminal proceedings against
any person before any court, other than a court-martial, inrespect of any offence against the law of Guyana;(b) to take over and continue any such criminal
proceedings that may have been instituted by any otherperson or authority; and(c) to discontinue at any stage before judgment is delivered
any such criminal proceedings instituted or undertaken by him
or any other person or authority.
(2) The powers of the Director under the preceding paragraphmay be exercised by him in person or through other persons acting under
and in accordance with his general or special instructions.
(3) The powers conferred upon the Director by sub-paragraphs(b) and (c) of paragraph (1) shall be vested in him to the exclusion of any
other person or authority:
Provided that, where any other person or authority has instituted
criminal proceedings, nothing in this paragraph shall prevent thewithdrawal of those proceedings by or at the instance of that person or
authority and with the leave of the court.

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121(4) In the exercise of the powers conferred upon him by thisarticle the Director shall not be subject to the direction or control of any
other person or authority.
(5) For the purposes of this article, any appeal from any
determination in any criminal proceedings before any court, or any casestated or question of law reserved for the purposes of any suchproceedings, to any other court in Guyana shall be deemed to be part ofthose proceedings.
Prerogative ofMercy

188. (1) The President may—(a) grant to any person concerned in or convicted of any
offence under the law of Guyana, a pardon, either free or
subject to lawful conditions;(b) grant to any person a respite, either indefinite, or for a
specified period, of the execution of any punishment imposedon that person for such an offence;(c) substitute a less severe form of punishment for any
punishment imposed on any person for such an offence; or(d) remit the whole or any part of any punishment imposedon any person for such an offence or of any penalty or
forfeiture otherwise due to the State on account of such an
offence.
(2) Subject to the provisions of the next following paragraph, thepowers of the President under the preceding paragraph shall be
exercised by him after consultation with such Minister as may from time
to time be designated by him.
(3) In addition to the Minister designated generally under thepreceding paragraph, a second Minister may, in the manner prescribedin that paragraph, be specially designated in relation to persons convictedby courts-martial under the law of Guyana; and at any time when there
is a second Minister so designated, the powers of the President underparagraph (1) shall, in relation to such persons, be exercised after
consultation with that other Minister.

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189. (1) There shall be an Advisory Council on the Prerogative of Advisory
Council
Mercy, which shall consist of—Prerogative of
Mercy(a) the Minister for the time being designated underparagraph (2) of the preceding article, who shall be
Chairman;(b) the Attorney General (if he is not the Chairman); and(c) not less than three and not more than five othermembers, who shall be appointed by the President, and ofwhom at least one shall be a person who is a qualified medical
practitioner.
(2) A person shall not be qualified to be appointed as a memberof the Advisory Council under subparagraph (c) of the preceding
paragraph if he is a member of the National Assembly; and not less than
three of the members so appointed shall be persons who are not public
officers.
(3) A member of the Advisory Council appointed under the said
subparagraph (c) shall hold office for three years:
Provided that his seat on the Council shall become vacant—(a) if he becomes a member of the Assembly or if, nothaving been a public officer at the time of his appointment, hebecomes such an officer: or(b) if he is removed from office by the President forinability to discharge the functions of his office (whether
arising from infirmity of mind or body or any other cause
whatsoever) or for misbehaviour.
190. (1) Where under the law of Guyana any person has been Functions ofsentenced to death by any court other than a court-martial for any Advisory
offence against that law, the Minister designated under article 188(2) Council
shall cause a written report of the case from the trial judge, together withsuch other information derived from the record of the case or elsewhereas the Minister may require, to be taken into consideration at a meeting

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of the Advisory Council; and after obtaining the advice of the Council
the Minister shall express his own deliberate opinion to the President as
to whether he should exercise any of his powers under that article inrelation to that person.
(2) The Minister designated under article 188(2) may consult theAdvisory Council before expressing any opinion to the President underthat provision in any case not falling within the preceding paragraph, butshall not be obliged to act in accordance with the advice of the Advisory
Council.
(3) The Advisory Council may regulate its own procedure.
SUBTITLE 2

The Ombudsman
Appointment,
etc. of Ombudsman

191. (1) The Ombudsman shall be appointed by the President acting
after consultation with the Minority Leader.
(2) The Ombudsman shall not perform the functions of any public
office and shall not, without the approval of the President in eachparticular case, hold any other office of emolument, other than his officeas Ombudsman, or engage in any occupation for reward outside theduties of his office.
(3) Subject to the provisions of the next following paragraph, aperson holding the office of Ombudsman shall vacate that office at the
expiration of four years from the date of his appointment.
(4) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of Ombudsman, and for the purposes ofparagraphs (4) and (6) of that article the prescribed authority shall be thePrime Minister.

Matters subject
to investigationby the Ombudsman[17 of 1984

192. (1) Subject to the provisions of this article, the Ombudsman may
investigate any action taken by any department of Government or by anyother authority to which this article applies, or by the President,

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Ministers, officers or members of such a department or authority, being [14 of 2000]
action taken in exercise of the administrative functions of thatdepartment or authority.
(2) The Ombudsman may investigate any such action as
aforesaid in any of the following circumstances, that is to say—(a) if a complaint in respect of the action is duly made to
the Ombudsman by any person or body of persons, whether
incorporated or not, alleging that the complainant hassustained injustice in consequence of a fault in administration;(b) if the President, a Minister or a member of the National
Assembly requests the Ombudsman to investigate the action
on the ground that a person or body of persons specified in therequest has or may have sustained such injustice;(c) in any other circumstances in which the Ombudsman
considers that he ought to investigate the action on the groundthat some person or body of persons has or may havesustained such injustice.
(3) The Ombudsman shall not investigate under this Subtitle—(a) any action in respect of which the complainant has or
had—(i) a remedy by way of proceedings in a court; or(ii) a right of appeal, reference or review to or before an
independent and impartial tribunal other than a court; or(b) any such action, or action taken with respect to any
such matter, as is excluded from investigation under article
193:
Provided that the Ombudsman—(i) may conduct an investigation notwithstanding thatthe complainant has or had a remedy by way of proceedings
in a court if satisfied that in the particular circumstances it
is not reasonable to expect him to take or to have taken suchproceedings;

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125(ii) shall not in any case be precluded from conducting an
investigation in respect of any matter by reason only that it
is open to the complainant to apply to the High Court for
redress under article 153(1) (which relates to redress forcontraventions of provisions for the protection of
fundamental rights and freedoms).
(4) In determining whether to initiate, continue or discontinue an
investigation under this Subtitle the Ombudsman shall, subject to theforegoing provisions of this article, act in accordance with his individual
judgment and in particular, and without prejudice to the generality of theforegoing, he may refuse to initiate, or may discontinue, any investigation
if it appears to him that—(a) the complaint relates to action of which thecomplainant has had knowledge for more than twelve months
before the complaint was received by the Ombudsman;(b) the subject matter of the complaint is trivial;(c) the complaint is frivolous or vexatious or is not made ingood faith; or(d) the complainant has not a sufficient interest in thesubject matter of the complaint.
(5) The authorities other than departments of Government towhich this article applies are—(a) any authority empowered to determine the person withwhom any contract or class of contracts shall be entered intoby or on behalf of the Government of Guyana; and(b) such other authorities as may be prescribed by
Parliament.
(6) For the purposes of this article the Public Service Appellate
Tribunal, the Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission and the Police Service
Commission shall not be regarded as departments of Government.

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Constitution(7) For the purposes of paragraph (2) (a) a complaint may bemade by a person aggrieved himself or, if he is dead or for any reason
unable to act for himself, by any person duly authorised to represent him.
(8) Any question whether a complaint or a request for aninvestigation is duly made under this Subtitle or any law enacted inpursuance of article 195 shall be determined by the Ombudsman.
(9) Where a complaint or request for an investigation is duly
made as aforesaid and the Ombudsman decides not to investigate theaction to which the complaint or request relates or to discontinue an
investigation of that action, he shall inform the person or body of persons
who made the complaint or request of his decision.
(10) In this article and in article 193 “action” includes failure toact and “action taken” shall be construed accordingly.
193. The Ombudsman shall not investigate any such action, or action Excluded
taken with respect to any such matter, as is described hereunder:
matters(i) matters certified by the President or a Minister toaffect relations or dealings between the Government of
Guyana and any other Government or any internationalorganisation;(ii) action taken for the purposes of protecting thesecurity of the State or of investigating crime, including
action taken with respect to passports for either of those
purposes;(iii) the commencement or conduct of civil or criminal
proceedings in any court;(iv) action taken in respect of appointments to offices orother employment in the service of the Government of
Guyana or appointments made by or with the approval of the
President or any Minister, and action taken in relation to any
person as the holder or former holder of any such office,employment or appointment;(v) action taken with respect to orders or directions toany disciplined force or member thereof as defined in article
154;

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127(vi) the exercise of the powers conferred by article 188;(vii) the grant of honours, awards or privileges within thegift of the President;(viii) action taken in matters relating to contractual orother commercial dealings with members of the public otherthan action by an authority mentioned in subparagraph (a)of article 192(5);(ix) action taken in any country outside Guyana by or on
behalf of any officer representing the Government of
Guyana or any officer of that Government;(x) any action which by virtue of any provision of thisConstitution may not be inquired into by any court.
Ombudsman’sfunctions on
concluding an
investigation,and reports to
the Assembly.
[14 of 2000]

194. (1) After conducting an investigation under this Subtitle theOmbudsman shall inform the department or authority concerned of theresult of that investigation and, if he is of the opinion that any person or
body of persons has sustained injustice in consequence of a fault in
administration, he shall inform that department or authority of thereasons for that opinion and may make such recommendations for action
by that department or authority as he thinks fit.
(2) After conducting an investigation under this Subtitle inpursuance of a complaint or a request for an investigation made by the
President, a Minister or a member of the National Assembly, theOmbudsman shall—(a) if he is of the opinion that the complainant or, in the caseof an investigation conducted in pursuance of such a request,
the person or body of persons specified in the request hassustained injustice in consequence of a fault in administration,
inform the person or body of persons who made the complaint
or request that he is of that opinion and the nature of theinjustice that he considers has been sustained;(b) if he is of the opinion that the complainant or, in the caseof an investigation conducted in pursuance of such a request,
the person or body of persons specified in the request has notsustained injustice, inform the person or body of persons who
made the complaint or request that he is of that opinion andthe reason therefor.

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Constitution(3) Where the Ombudsman has made a recommendation underparagraph (1) and within a reasonable time thereafter no action has beentaken which appears to the Ombudsman adequately to remedy theinjustice, he may lay before the Assembly a special report on the case.
(4) The Ombudsman shall annually lay before the Assembly a
general report on the performance of his functions under this Subtitle.
195. Parliament may make provision for such supplementary and Power ofancillary matters as may appear necessary or expedient in consequence Parliament toof any of the provisions of this Subtitle including (without prejudice to the make supplementary
generality of the foregoing power) provision—
provision.
(a) for the procedure to be observed by the Ombudsman
in performing his functions;(b) for the manner in which complaints and requests forinvestigation shall be made to the Ombudsman and for thepayment of fees in respect of any complaint or investigation;and(c) for the powers, duties and privileges of the
Ombudsman or of other persons or authorities with respect tothe obtaining or disclosure of information for the purposes of
any investigation or report by the Ombudsman.
196. In this Subtitle—“Complainant” means the person or body of persons by or on whose
behalf a complaint under this Subtitle is made; and“fault in administration” includes, without prejudice to its generality, any
contravention of article 149 (which relates to discrimination on
grounds of race, place of origin, political opinions, colour or creed).

Interpretation

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TITLE 6
THE JUDICATURE

Tenure of officeof Judges[6 of 2001]

197. (1) Notwithstanding the provisions of articles 124 and 125, theoffice of a Justice of Appeal or a Puisne Judge shall not be abolishedwhile there is a substantive holder thereof.

(2) With effect from the commencement of this paragraph, aperson holding the office of Judge on the said commencement shallvacate that office on attaining(a) in the case of Puisne Judge, the age of sixty-two years;(b) in the case of any Judge, other than the Chancellor, the age of sixtyfive; and(c) in the case of the Chancellor, the age of sixty-eight years.
(2A) A person appointed to the office of Judge after thecommencement of this paragraph shall vacate that office attaining(a) in the case of a Puisne Judge, the age of sixty-five years; and(b) in the case of any other Judge, the age of sixty-eight years.

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Constitution(3) A Judge may be removed from office only for inability toperform the functions of his office (whether arising from infirmity ofmind or body or any other cause) or for misbehaviour or for persistently
not writing decisions or for continuously failing to give decisions andreasons therefor within such time as may be specified by Parliament ,and shall not be so removed except in accordance with the provisions of
this article.
(4) A Judge shall be removed from office by the President if thequestion of removal of that Judge has, in pursuance of the next following
paragraph, been referred by the President to a tribunal, and the tribunal
has advised the President that the Judge ought to be removed from office
for inability as aforesaid or for misbehaviour.
(5) If the Prime Minister, in the case of the Chancellor or the
Chief Justice, or the Judicial Service Commission, in the case of any
other Judge, represents to the President that the question of removing
such Judge from office under this article ought to be investigated, then—(a) the President shall appoint a tribunal, which shallconsist of a Chairman and not less than two other members,
selected by the President, acting in his discretion in the caseof the Chancellor or the Chief Justice or in accordance withthe advice of the Prime Minister after consultation with the
Judicial Service Commission in the case of any other Judge,
from among persons who hold or have held office as a judgeof 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; and(b) the tribunal shall enquire into the matter and advise thePresident whether or not the Judge ought to be removed fromoffice.
(6) The provisions of the Commissions of Inquiry Act as in force
immediately before the commencement of this Constitution shall,subject to the provisions of this article, apply as nearly as may be in
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131

context may require, to the members thereof as they apply in relation to
Commissions or Commissioners appointed under that Act, and in suchapplication shall have effect as if they formed part of this Constitution.
(7) If the question of removing a Judge from office has beenreferred to a tribunal under paragraph (5), the President may suspend
such Judge from performing the functions of his office, and any suchsuspension may at any time be revoked by the President, and shall in any
case cease to have effect if the tribunal advises the President that theJudge ought not to be removed from office. In effecting any suchsuspension or any revocation of any such suspension, the President shallact in accordance with his own deliberate judgment in the case of the
Chancellor or the Chief Justice and in accordance with the advice of the
Chancellor in the case of any other Judge.
(8) The provisions of this article shall be without prejudice to theprovisions of article 128(3).
(9) (a) For the purposes of paragraph (6) of this article and ofarticle 225(5), the following provisions of the Commissions of Inquiry
Act shall not apply, that is to say—(i) section 2—the whole section;(ii) section 3—so much of the section as follows thewords “in his place”;(iii) section 5—the whole section;(iv) section 7 —the words “after taking such oath oraffirmation”;(v) section 16—the whole section.
(b) For the words “Such sums so directed to be paid shallbe paid out of moneys provided by Parliament” in section 15of the Act there shall be substituted the words “Such sums so
directed to be paid shall be charged on and paid out of theConsolidated Fund”.
(c) All powers and duties conferred or imposed on the
President under the Act shall be exercised or performed byhim acting in each case in the manner prescribed by thisConstitution.

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Constitution(10) It is in the interest of the State to provide such terms andconditions of service, including superannuation benefits, for Judgesthat on retirement there would be no need for them to practise at theBar.

TITLE 6A
DEFENCE AND SECURITY
197A (1) The Stateis defence and security policy shall be to defend
national independence, preserve the country’s sovereignty andintergrity, and guarantee the normal functioning of institutions and the
security of citizens against any armed aggression.
(2) The Defence and Security Forces shall subordinate tonatioal defence and security policy and owe allegiance to the Constitution and to the Nation. The oath taken by members of the Defence
and Security Forces shall establish their duty to respect the Constitution.
(3) The Guyana Defence Force established under the Defence
Act shall in the discharge of its constitutional responsibilities function
in such a manner as to earn the respect and enjoy the confidence of
citizens.
(4) The Police Force establish under the Police Act shallfunction in accordance with the law as the law enforcement agencyof the State responding to the daily need to maintain law and orderby suppressing crime to ensure that citizens are safe in their homes,
the streets and in other places.
(5) Disciplined forces commissions may be constituted by the
National Assembly from time to time, as may be necessary, withpower to examine the structure and composition of the disciplined
forces and make recommendations generally with a view to promoting their greater efficiency, and giving effect to the need in the public
interest that the composition of the disciplined forces take account of
the ethnic constituents of the population.

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133

198. (1) The members of the Judicial Service Commission shall be—

Compositionof Commission[6 of 2001]

TITLE 7
THE SERVICE COMMISSIONSThe Judicial Service Commission(a) the Chancellor, who shall be Chairman;(b) the Chief Justice;(c) the Chairman of the Public Service Commission; and(d) such other members (hereinafter referred to as“appointed members”) as may be appointed in accordancewith the provisions of the next following paragraph.
(2) The appointed members shall be appointed by the President,
as follows, that is to say—(a) one from among persons who hold or have held office
as a judge of a court having unlimited jurisdiction in civil andcriminal matters in some part of the Commonwealth or a court
having jurisdiction in appeals from any such court acting after
meaningful consultation with the Leader of the Opposition ;and(b) not less than one and not more than two from among
persons who are not attorneys-at-law in active practice after
the National assembly has meaningfully consulated suchbodies as appear to it to represent attorneys-at-law in Guyana
and signified its choice of members to the President , after the
President has also consulted such bodies as appear to him torepresent attorneys-at-law in Guyana:

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Provided that a person shall be disqualified for appointment as amember of the Commission if he is a public officer.
(3) Subject to the provisions of the next following paragraph, theoffice of an appointed member of the Judicial Service Commission shallbecome vacant—(a) at the expiration of three years from the date of his
appointment or at such earlier time as may be specified in the
instrument by which he was appointed; or(b) if he is appointed to the office of Chancellor, Chief
Justice or Chairman of the Public Service Commission or of
the Teaching Service Commission or if he becomes a public
officer.
(4) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of an appointed member of the Judicial
Service Commission, and for the purposes of paragraphs (4) and (6) ofthat article the prescribed authority shall be the Prime Minister and theChancellor respectively.
(5) If the office of an appointed member is vacant or an appointed
member is for any reason unable to perform the functions of his office,a person may be appointed to act in that office and the provisions ofparagraph (2) shall apply to such an appointment as they apply to theappointment of a person to hold the office of the member concerned; andany person appointed to act in the office of an appointed member shall,subject to the provisions of paragraphs (3) (b) and (4), continue to act
until a person has been appointed to the office in which he is acting andhas assumed the functions thereof or, as the case may be, until the holder
thereof resumes those functions.
(6) A person shall not, while he holds or is acting in the office ofa member appointed under paragraph (2) (b), or within a period of three
years commencing with the date on which he last held or acted in that
office, be eligible for appointment to or to act in any office power to make

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135

appointments to which is vested by this Constitution in the President
acting in accordance with the advice of the Judicial Service Commission
or in that Commission.
(7) If, by virtue of provision made by Parliament under article
199(3) or article 203(6), power to make appointments to or to act in any
office or to remove or exercise disciplinary control over persons holding
or acting in any office is vested in the President acting in accordancewith the advice of the Judicial Service Commission or is vested in the
Judicial Service Commission, Parliament may provide for the inclusionin the Commission, for the purpose of the exercise of any function or
power vested in the Commission by virtue of that provision and of any
proceedings of the Commission relating thereto, of members additional
to those mentioned in paragraph (1) and for the appointment (including
disqualifications for appointment) and tenure of office of such additional
members; and provision for the inclusion of different additional members
may be made in relation to functions or powers vested in the Commission
as aforesaid in relation to different offices.
199. (l) The power to make appointments to the offices to which thisarticle applies and to remove and to exercise disciplinary control overpersons holding or acting in such offices shall vest in the Judicial Service
Commission.

Appointment,
etc, of judicial
and legal
officers[17 of 1984
6 of 2001](2)The Judicial Service Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate any of its powers
under the preceding paragraph to any one or more of its members or toany person holding or acting in an office in respect of which power tomake appointments is vested in the President acting in accordance withthe advice of the Commission or to which this article applies.
(3) This article applies to the office of Commissioner of Title,
Magistrate, Director of Public Prosecution, 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 otheroffices (not being offices in respect of which provision for making of
appointments is made by any provision of this Constitution other thanarticle 201) connected with the courts of Guyana or for appointment towhich legal qualifications are required as may be prescribed by
Parliament

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Constitution(4)The decision of the Judicial Service Commission on any
appeal made under paragraph (3) shall be final.

(5) This article applies to the office of Commissioner of Title,
Magistrate and to such other offices (not being offices in respect ofwhich provision for the making of appointments is made by any provisionof this Constitution other than article 201) connected with the courts ofGuyana or for appointment to which legal qualifications are required as
may be prescribed by Parliament.
The Public Service Commission
Compositionof Commission[5 of 2001]

200. (1) The Public Service Commission shall consist of six members
who shall be appointed as follows, that is to say—(a) three members appointed by the President acting after
consultation with the Leader of the Opposition(b) two members appointed by the president uponnomination by the National assembly after it has consulted
such bodies as appear to it to represent public officers orclasses of public officers; and(c) if the President deems fit, one other member appointed
by the President acting in accordance with his own deliberate
judgment:
Provided that a person shall be disqualified for appointment as amember of the Commission if he is a public officer.

[5 of 2001](2) The Chairperson and Deputy Chairperson of the Commission shallbe elected by and from the members of the Commission using suchconsensual mechanism as the Commission deems fit.

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137(3) Subject to the provisions of the next following paragraph, theoffice of a member of the Public Service Commission shall become
vacant at the expiration of three years from the date of his appointment
or at such earlier time as may be specified in the instrument by which
he was appointed.
(4) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of a member of the Public Service
Commission, and for the purposes of paragraphs (4) and (6) of that
article the prescribed authority shall be the Prime Minister except that,in relation to a member other than the Chairperson or a member for thetime being acting in the office of Chairperson under the next following
paragraph, the prescribed authority for the purposes of the said
paragraph (6) shall be the Chairperson.
(5) If the office of Chairperson of the Public Service Commission
is vacant or the holder thereof is for any reason unable to perform thefunctions of his office, then the holder of the office of Deputy
Chairperson, or if that office is vacant or the holder thereof is for any
reason unable to perform the functions of the office of Chairperson, oneof the other members may be elected to act in the office of Chairperson
and the Deputy Chairperson or such other member shall continue so to
act until a person has been elected to the office of Chairperson and has
resumed the functions of that office or, as the case may be, until the
Chairpersonn, or if a member other than the Deputy Chairperson isacting therein, the Deputy Chairperson has assumed or resumed thosefunctions.
(6) If the office of a member of the Public Service Commission
other than the Chairperson is vacant or if the holder thereof is acting as
Chairperson under the preceding paragraph or is for any other reason
unable to perform the functions of his office, a person may be appointed
to act in that office and the provisions of paragraph (l) shall apply to suchan appointment as they apply to the appointment of a person to hold theoffice of the member concerned; and any person appointed under thisparagraph shall, subject to the provisions of paragraph (4), continue toact until a person has been appointed to the office in which he is acting
and has assumed the functions thereof or, as the case may be, until theholder thereof resumes those functions.

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Constitution(7) A person shall not, while he holds or is acting in the office ofa member of the Public Service Commission or within a period of three
years commencing with the date on which he last held or acted in that
office, be eligible for appointment to or to act in any office power to makeappointments to which is vested by this Constitution in the President
acting in accordance with the advice of the Public Service Commission
or in that Commission.
Appointment,
etc, of public
officers.
[5 of 2001]

201. (1) Subject to the provisions of this Constitution, the power tomake appointments to public offices and to remove and to exercise
disciplinary control over persons holding or acting in such offices shallvest in the Public Service Commission.
(2) The Public Service Commission may, by directions in writing
subject to such conditions as it thinks fit, delegate any of its powers under
the preceding paragraph to any one or more members of theCommission or, with the consent of the Prime Minister, to any public
officer, or, in relation to any office on the staff of the Clerk of the
National Assembly, to the Clerk.
(3) No person shall be appointed under this article to or to act inany office on the personal staff of the President except with theconcurrence of the President.
(4) Before the Public Service Commission or any member orofficer exercising powers under this article appoints to or to act in any
public office any person who holds or is acting in any office power tomake appointments to which is vested under this Constitution in the
Judicial or the Teaching or the Police Service Commission, the PublicService Commission or that member or officer shall consult with theCommission in which that power is vested.
(5) Before the Public Service Commission or any member
thereof exercises any of the powers mentioned in paragraph (1) in
relation to any office on the staff of the Clerk of the National Assembly(other than the Deputy Clerk) or any person holding or acting in such an
office, the Commission or that member shall consult the Clerk.

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139(6) A public officer shall not be removed from office or subjected
to any other punishment under this article on the grounds of any act
committed by him in the exercise of a judicial function conferred on him
unless the Judicial Service Commission concurs therein.
(7) The provisions of this article shall not apply in relation to anyof the following offices, that is to say—(b) the office of Auditor General;(c) any office to which article 205 applies;(d) so far as they relate to power to make appointments ontransfer, any office to which article 206 applies;(e) any office to which article 199 (relating to offices
within the jurisdiction of the Judicial Service Commission)
applies;(f) any office to which article 209 (relating to offices
within the jurisdiction of the Teaching Service Commission)
applies; or(g) the office of Commissioner of Police or any otheroffice in the Police Force.
202. (1) Where any power of the Public Service Commission is
exercised under article 201 (2) any person in respect of whom the power
was exercised (including a person who has failed to obtain an
appointment) may appeal to the Commission from the decision of theperson exercising the power.

Appeals to
Public Service
Commission[17 of 1984](2) Subject to the other provisions of this Constitution, thedecision of the Public Service Commission on any appeal made underparagraph (1) shall be final.
203. (2) If the office of the Director of Public Prosecutions (in this
Article referred to as the Director) is vacant or if the holder thereof isfor any reason unable to perform the functions thereof, the Judicial
Service Commission may appoint a person to act in the office of the
Director, and any person so appointed shall, subject to the provisions ofparagraphs (4) and (5), continue to act until a person has been appointed

Appointments, etc. of
Director of
PublicProsecutions[6 of 2001]

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to the office of the Director and has assumed the functions of that officeor, as the case may be, until the holder thereof has resumed thosefunctions.
(3) A person shall not be qualified to be appointed to hold or to act
in the office of the Director unless he is qualified to be appointed as a
Puisne Judge of the High Court.
(4) Subject to the provisions of the next following paragraph, theDirector shall vacate his office when he attains the age of sixty years:
Provided that the Judicial Service Commission, may permit a
Director who has attained the age of sixty years to continue in office
until he has attained such later age, not exceeding sixty-five years, asmay (before the Director has attained the age of sixty years) have been
agreed with the Director.
(5) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of the Director, and the prescribedauthority for the purposes of paragraph (4) of that article shall be the
Chairperson of Judicial Service Commission and for the purposes ofparagraph (6) of that article shall be the Judicial Service Commission.

Appointment,
etc, of Auditor
General204. (1) The Auditor General shall be appointed by the President
acting in accordance with the advice of the Public Service Commission.
(2) If the office of Auditor General is vacant or the holder of theoffice is for any reason unable to perform the functions thereof, thePresident acting in accordance with the advice of the Public Service
Commission may appoint a person to act in the office, and any person
so appointed shall, subject to the provisions of paragraphs (3) and (4),continue to act until a person has been appointed to the office of the
Auditor General and has assumed the functions of that office or, as thecase may be, until the holder thereof has resumed those functions.
(3) Subject to the provisions of the next following paragraph the
Auditor General shall vacate his office when he attains such age as may
be prescribed by Parliament.

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141(4) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of Auditor General, and the prescribedauthority for the purposes of paragraph (4) of that article shall be thePrime Minister or the Chairman of the Public Service Commission andfor the purposes of paragraph (6) of that article shall be the PublicService Commission.
205. (l) The power to make appointments to the offices to which thisarticle applies and to remove from office persons holding or acting insuch offices shall vest in the President.
(2) Before making an appointment under paragraph (1) in favourof any person who holds any public office other than an office to which
this article applies, the President shall consult the appropriate
Commission.

Appointments, of
Solicitor
General andothers(3) The offices to which this article applies are the offices of
Solicitor General, Permanent Secretary, to the Cabinet, Ambassador,
High Commissioner or other principal representative of Guyana in any
other country or accredited to any international organisation.
(4) In paragraph (2) of this article “the appropriate Commission”
means, in the case of a person who holds an office power to makeappointments to which is vested in the President acting in accordancewith the advice of the Judicial Service Commission or is vested in that
Commission, the Judicial Service Commission, in the case of a person
who is a teacher in the public service, the Teaching Service Commission,in the case of a person who holds an office power to make appointments
to which is vested in the President acting in accordance with the adviceof the Police Service Commission or is vested in that Commission, thePolice Service Commission, and in any other case the Public Service
Commission.
206. (1) The power to make appointments on transfer to the offices
to which this article applies shall vest in the President.

Appointments
on transfer tocertain offices(2) The offices to which this article applies are—

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Constitution(a) offices (other than those to which the preceding article
applies) the holders of which are required to reside outside Guyana forthe proper discharge of their functions; and(b) such offices in the department responsible for the externalaffairs of Guyana as may from time to time be designated by the
President.
The Teaching Service Commission
Compositionof Commission[17 of 1984
5 of 2001]

207. (1) The Teaching Service Commission shall consist of sevenmembers.
(2) Six of the members of the Commission (hereinafter referred
to as “appointed members”) shall be appointed as follows—(b) one person appointed by the President on thenomination of the Guyana Teachers’ Association;(c) two persons nominated for appointment by the Ministerassigned responsibility for local government after that
Minister has consulted with local democratic organs or bodies
and(d) three persons appointed by the President after
meaningful consultation with the Leader of the Oppsition.
(3) The other member of the Commission shall be the Chief
Education Officer.
(4) The Chairperson and Deputy Chairperson of the Commission
shall be elected by and from the members of the Commission using suchconsensual mechanism as the Commission deems fit.
(5) A person shall be disqualified for appointment as an appointed
member of the Commission if he is a public officer.
(6) A person shall not while he is holding or is acting in the officeof a member of the Commission or within three years commencing withthe date on which he last held or acted in that office be eligible forappointment as a teacher in the public service.

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143(7) The Chairperson, the Deputy Chairperson and one othermember designated as such in the instrument appointing him shall be fulltime members of the Commission.
(8) The President may grant leave of absence to any appointed
member of the Commission.
(9) An appointed member of the Commission may at any time
resign his office as such member by writing under his hand addressedto the President.
(10) An appointed member of the Commission shall be eligible forreappointment.
208. (1) Subject to the provisions of this article, the office of an
appointed member of the Commission shall become vacant at the
expiration of three years from the date of his appointment or at suchearlier time as may be specified in the instrument by which he wasappointed.

vacation of
officeappointed
member of theCommission(2) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of an appointed member of the Teaching
Service Commission, and for the purposes of paragraphs (4) and (6) ofthat article the prescribed authority shall be the Prime Minister, except
that, in relation to a member other than the Chairman of the Commission
or a member for the time being acting in the office of Chairman, theprescribed authority for the purposes of the said paragraph (6) shall be
the Chairman of the Commission.
(3) The provisions of paragraph (2) shall be without prejudice tothe power of the President to revoke the appointment of a member of
the Commission appointed under paragraph (2) (b) of article 207 on arequest being made for such revocation to the President by the Guyana
Teachers Association.
209. (1) Subject to the provisions of this Constitution, the power toappoint persons as teachers in the public service and to remove and to
exercise disciplinary control over persons holding or acting in suchoffices shall vest in the Teaching Service Commission.

Appointmentof teachers[17 of 1984]

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Constitution(2) The Teaching Service Commission may, by directions inwriting and subject to such conditions as it thinks fit, delegate any of its
powers under paragraph (1) to any one or more of its members or, withthe consent of the Prime Minister, to any public officer.
(3) Where any power of the Teaching Service Commission is
exercised under paragraph (2), any person in respect of whom thepower was exercised (including a person who has failed to obtain an
appointment) may appeal to that Commission from the decision of theperson exercising the power.
(4) Subject to the other provisions of this Constitution, thedecision of the Teaching Service Commission on any appeal made underparagraph (3) shall be final.
The Police Service Commission
Compositionof Commission.
[5 of 2001]

210. (1) The Police Service Commission shall consist of—(a) a Chairman appointed by the President acting after
meaningful consultation with the Leader of the Opposition
from among members appointed under subparagraph (d);(b) the Chairman of the Public Service Commission;(c) four members appointed by the President uponnomination by the National assembly after it has consulted
such bodies as appear to it to represent the majority of themembers of the Police Force and any other such body it
deems fit;

(2) Subject to the provisions of the next following paragraph, theoffice of an appointed member of the Police Service Commission shallbecome vacant at the expiration of three years from the date of his
appointment or at such earlier time as may be specified in the instrument
by which he was appointed.
(3) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of an appointed member of the Police
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Chairman, the prescribed authority for the purposes of paragraph (4) ofthat article shall be the Prime Minister or the Chairman and for the
purposes of paragraph (6) of that article shall be the Chairman. In thecase of the Chairman the prescribed authority for the purposes ofparagraphs (4) and (6) of article 225 shall be the Prime Minister.
(4) If the office of an appointed member of the Police Service
Commission is vacant or if the holder thereof is for any reason unable
to perform the functions of his office, the President, acting after.meaningful consultation with the Leader of the Opposition, may appointa person who is qualified to be appointed as a member of the Commission
to act in that office, and any person so appointed shall, subject to theprovisions of paragraph (3), continue to act until a person has been
appointed to the office in which he is acting and has assumed thefunctions thereof or, as the case may be, until the holder thereof resumes
those functions.
(5) A person shall not, while he holds or is acting in the office ofan appointed member of the Police Service Commission or within aperiod of three years commencing with the date on which he last heldor acted in that office, be eligible for appointment to or to act in any public
office.
211. (1) The Commissioner of Police and every Deputy
Commissioner of Police shall be appointed by the President acting after
meaningful consultation with the Leader of teh Opposition and
Chairperson of the Police Service Commission after the Chairperson
has consulted with the other member of the Commission.
(2) If the office of Commissioner of Police is vacant or if theholder thereof is for any reason unable to perform the functions of his
office, a person may be appointed to act in that office and the provisionsof the preceding paragraph shall apply to such an appointment as they
apply to the appointment of a person to hold that office; and any person
appointed to act in the office of Commissioner of Police shall, subject tothe provisions of paragraphs (3) and (4), continue to act until a person
has been appointed to that office and has assumed the functions thereofor, as the case may be, until the holder thereof resumes those functions.

Appointment,
etc, ofCommissionerof Police and
DeputyCommissioners[5 of 2001]

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Constitution(3) Subject to the provisions of the next following paragraph, theCommissioner of Police shall vacate his office when he attains such age
as may be prescribed by Parliament.

Appointmentof teachers.
[17 of 1984](4) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of Commissioner of Police, and theprescribed authority for the purposes of paragraph (4) of that article shallbe the Prime Minister or the Chairman of the Police Service Commission
and for the purposes of paragraph (6) of that article shall be the Police
Service Commission.
(5) The provisions of article 229 shall apply to resignation fromthe office of Commissioner of Police as they apply to resignation froman office established by this Constitution.
(6) In this article references to the office of Deputy
Commissioner of Police are references to the office, however styled,that ranks next in seniority in the Police Force after the office ofCommissioner of Police, provided that there may be more than one
office of Deputy Commissioner of Police and that, if there are more than
one such office, the holders thereof shall rank among themselves
according to the dates of their respective appointments.

Appointment,
etc, of othermembers of
Police Force[11 of 2000
5 of 2001]

212. (1) Subject to the provisions of article 211(1), the power to makeappointments to any offices in the Police Force of or above the rank ofInspector, the power to exercise disciplinary control over persons
holding or acting in such offices and the power to remove such persons
from office shall vest in the Police Service Commission.
(2) The Police Service Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate any of its powers
under the preceding paragraph to any one or more members of theCommission or to the Commissioner of Police or, in the case of thepower to exercise disciplinary control, to any other member of the Police
Force.

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147(3) The power to make appointments to any offices in the Police
Force below the rank of Inspector, the power to exercise disciplinary
control over persons holding or acting in such offices and the power toremove such persons from office shall vest in the Commissioner of
Police.
(4) The Commissioner of Police may, by directions given in suchmanner as he thinks fit and subject to such conditions as he thinks fit,delegate any of his powers under the preceding paragraph to any othermember of the Police Force.
(5) Parliament may provide that, where the power to exercise
disciplinary control over any member of the Police Force (including thepower to remove him from office) has been exercised under this article
by any person (hereinafter referred to as “the disciplinary authority”)
other than the Police Service Commission, the member of the Police
Force in respect of whom it was exercised may appeal from the decisionof the disciplinary authority to the Police Service Commission:
Provided that Parliament or, in the case of a decision of thedisciplinary authority that is made in the exercise of a power delegatedto that authority under the preceding paragraph, the Commissioner of
Police may require appeals to be made to the Commissioner of Police
or a member of the Police Force of higher rank than the disciplinary
authority before they are made to the Police Service Commission.
(6) Parliament may make provision with respect to offences
against Police Force discipline and the punishment that may be imposed
for any such offence, and any power to exercise disciplinary control(including any power to remove a person from office) or to determine
an appeal from a decision to exercise such a power that is exercisable
by any person or authority under the provisions of this article shall be
exercised in accordance with any such provision.
(7) Before the Police Service Commission or any member of theCommission or of the Police Force exercising powers under this article
appoints to or to act in an office in the Police Force any person who holds
or is acting in any office power to make appointments to which is vested

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under this Constitution in the Judicial, the Public or the Teaching Service
Commission, the Police Service Commission or that member shallconsult the Commission in which that power is vested.
(8) If provision is made by or under any law—(a) altering the ranks into which the Police Forceestablished by the Police Act is divided; or(b) establishing a police force other than that Police Force,or altering the ranks into which any such other police force isdivided,the Police Service Commission may by order specify some rank (otherthan the rank of Inspector) in the Police Force or, as the case may be,in that other police force as being equivalent to the rank of Inspector as
it exists in the Police Force under the law in force immediately before
the commencement of this Constitution and the references inparagraphs (1) and (3) to the rank of Inspector shall then be construed
as if they were in relation to the Police Force, or, as the case may be,
in relation to that other police force, references to the rank for the time
being so specified.

EthnicRelations
Commission

212A. There shall be an Ethnic Relations Commission.

Compositionof Ethnic
Relations
Commission

212B. (1)The Ethnic Relations Commission shall consist of -(a) not less than five nor more than fifteen members nominated by entities, by a consensual mechanism determined by the National Assembly,
including entities, representative of religious
bodies, the laobour movement, the private
business sector, youth and women, after
the entities are determined by the votes ofvotes of not less than two-thirds of allelected members of the National Assembly;

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149(b) a member who shall be a nominee, without the right to vote,chosen by and from each of the following commissions to be established under this Constitution, Women and Gender Equality Commission, Commission for the Rights of the Child and Human Rights
Commission.
(2) The Chairperson and Deputy Chairperson of the Ethnic Relations Commission shall be elected by and from the members of theCommission, other than the members mentioned in paragraph (1) (b),using such consensual mechanism as the Commission deems fit.
(3) Subject to paragraph (4) (a), members of the Ethnic Relations
Commission shall be appointed for three years and shall be eligible
for reappointment.
(4) (a) Of those members first appointed under paragraph (1) (a), a
majority shall hold office for four years.
(b) Of those members nominated under paragraph (1) (b), theduration for which each shall serve shall, subject to paragraph (3) bedetermined by the Commission by and from which that member isnominated.
(5) The Ethnic relations Commission shall establish a secretariat
comprising its officers and employees.
(6) The Ethnic Relations Commission shall appoint a Chief Executive Officer, who shall serve as Secretary, and such other officers
and employees as may be necessary for the efficient discharge of its
functions, on such terms and conditions as may be determined by theCommission, save that the remuneration of the officers and employees shall be subject to the approval of the National Assembly.
(7) The provisions of article 225 shall apply to the office of amember of the Ethnic Relations Commission, and for the purposes ofparagraphs (4) and (6) of that article the prescribed authority shall be
the Speaker of the National Assembly except that, in relation to amember other than the Chairperson of the Ethnic Relations Commission or a member for the time being acting in the office of the
Chairperson under the next following paragraph, the prescribed

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authority for the purposes of the said paragraph (6) shall be the
Chairperson of the EthnicRelations Commission(8)If the office of Chairperson of the Ethnic Relations Commission
is vacant or the holder thereof is for any reason unable to performthe functions of his office, then the holder of the office of Deputy
Chairperson, or if that office is vacant or the holder thereof is for any
reason unable to perform the functions of the office of Chairperson,
such one of the other members, other than a member nominatedunder paragraph (1) (b), as the Commission may appoint, shall act inthe office of Chairperson.; and the Deputy Chairperson or such othermember shall continue so to act until a person has been appointed tothe office of Chairperson and has assumed the functions of that
office or, as the case may be, until the Chaiperson, or if a member
other than the Deputy Chairpersnis acting therein, the Dupty Chairperson has assumed or resumed those functions.

(9) If the office of a member of the Ethnic Relations Commission,other than the Chairperson, is vacant or if the holder thereof is acting
as Chairperson under the preceding paragraph or is for any otherreason unable to perform the functions of his office, a person may be
appointed to act in that office and the provisions of paragraph (1)shall apply to such an appointment as they apply to the appointmentof a person to hold the office of the member concerned; and any
person appointed under this paragraph shall, subject to the provisionsof paragraph (7) continue to act until a person has been appointed tothe office in which he is acting and has assumed the functions
thereof or, as the case may be, until the holder thereof resumes thosefunctions.
Ethnicrelations
Commission
Tribunal

212C. Parliament may by provide for the establishment of an
Ethnic relations Commission Tribunal and such law may
make provision for(a) the constitution of the Tribunal(b) all matters relating to the jurisdiction,
powers and duties of the Tribunal;

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151(a) all matters relating to appeals from decisionsof the Tribunal, including a right of appeal to the
Court of Appeal on points of law; and(b) the practice and procedure of the Tribunal.

212D. The functions of the Ethnic RelationsCommission are to-(a) provide for equality of opportunity between
persons of different ethnic groups and to promoteharmony and good relations between such
persons;

Functions of
the Ethnic
Relations
Commission(b) promote the elimination of all forms of discrimination on thebasis of ethnicity;(c) discourage and prohibit persons, institutions, political parties
and associations from indulging in, advocating or promoting
discrimination or discriminatory practices on the ground of ethnicity;(d) foster a sense of security among all ethnic groups byencouraging and promoting the understanding, acceptanceand tolerance of diversity in all aspects of national life andpromoting full participation by all ethnic groups in the social,economic, cultural and political life of the people;(e) promote educational and training programmes andresearch projects which provide for and encourage ethnic
peace and harmony;(f) encourage and create respect for religious, cultural andother form of diversity in a plural society;(g) promote arbitration, conciliation, mediation and like formsof dispute resolution in order to secure ethnic harmony andpeace;

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mechanisms and procedures for arbitration,
conciliation, meditation and like forms of dispute resolutionthat would ensure ethnic harmony and peace;(i) recommend to the national Assembly criteria to beconsidered for the purposes of deciding whether any
person has committed acts of discrimination on the groundof ethnicity;(j) investigate complaints of racial discrimination and makerecommendations on the measures to be taken in suchcomplaints are valid, and where there is justification
therefore refer mattes to the Human Rights Commission orother relevant authorities for further action to be taken;(k) monitor and review all legislation and all administrativeacts or omissions relating to or having implications for
ethnic relations and equal opportunities and, from time totime, prepare and submit proposals for revision of such legislation
and administrative acts and omissions;(l) immediately report to the National Assembly and to all
relevant authorities ‘any proposed legislation which theCommission thinks may be contrary to the constitutional
provisions relating to ethnicity;(m) promote equal access by persons of all ethnic groups to all
public or other services and facilities provided by thegovernment or other bodies;(n) promote and encourage the acceptance and respect by all
segments of the society of the social identity and cultural
inheritance of all ethnic groups;(o) promote cooperation between all bodies concerned withthe fostering of harmonious ethnic relations;(p) investigate on its own accord or on request form the
National Assembly or any other body any issues affecting ethnic
relations;

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153(q) identify and analyse factors inhibiting the attainment of
harmonious relations between ethnic groups, particularly
barriers to the participation to any ethnic group in social,economic, commercial, financial, cultural and politicalendeavours and recommend to the National Assembly andany other relevant public or private sector bodies how thesefactors should be overcome;(r)monitor and report to the National Assembly on the status
and success of implementation of its recommendations;(s) study and make recommendations to the National
Assembly on any issue relating to ethnic affairs, including
conducting studies to determine whether race relations are
improving;(t) monitor and make recommendations to the National
Assembly and other relevant public and private sector
bodies on factors inhibiting the development of harmonious
relations between ethnic groups and on barriers to theparticipation of all ethnic groups in the social, economic,
commercial, financial, cultural and political life of thepeople;(u) consult with other bodies and persons to determine andspecify the perceived needs of the various ethnic groups forthe fostering of harmonious relations;(v) train and enlist the aid of such persons and acquire such
facilities as the Commission deems necessary toaccomplish it s functions;(w) make recommendations on penalties, including theprevention of any political party or any person fromparticipating in elections for a specified period, to be
imposed for any breach of the provision of this Constitution
or of any law dealing with ethnicity;

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Constitution(x) do all other acts and things as may be necessary to facilitate

the efficient discharge of the functions of the Commission.

Reports

212E. (1) As soon as practicable after the end of each financial
year
of its operation, the Ethnic Relations Commission shallsubmit to the Speaker of the National Assembly an annual report of
the activities of the Commission for the preceding year and thereport shall be laid before the Assembly within thirty days of its
submission if the Assembly is sitting, and if the Assembly is not
sitting, at the first meeting on the resumption of the Assembly.
(2) The Chairperson of the Ethnic Relations Commission may at
any time submit a special report to the Speaker of the National
Assembly with respect to any aspect of the functions of theCommission which the Commission considers should in thenational interest be brought to the attention of the Assembly
because it affects a wide cross section of the populace andthere should be disastrous consequences if a report thereon is
not brought to the attention of the Assembly

(3)

Rules

The Commission shall prepare and publish an executive
summary of its annual report; and shall publish every
special report in the media, having wide accessibility,
within forty-five days of the submission of such special
report to the National Assembly.

212F.(1) Subject to the approval of the National assembly, theEthnic Relations Assembly, the Ethnic Relations Commission shallmake rules relating to the procedure of the Commission and to suchadministrative and managerial matters relating to the procedure of
the Commission as it thinks fit; and until such rules relating to theprocedure and made, the Commission shall regulate its own procedure

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(2)

Except paragraphs (2), (6) and (7) and the provisos toparagraphs (4) and (5), the provisions of articles 226 shall mutatis
mutandis apply to the Ethnic Relations Commission.”.

"THE RIGHTS COMMISSIONS"
Commissions for the Promotion and Enhancement of theFundamental Rights and the Rule of Law

212G.
There are hereby established the following Commissions, the goals of which are to strengthen social justice and therule of law (a)the Human Rights Commission;

(d)

(b)

the Women and Gender Equality Commission;(c)

the Indigenous Peoples’ Commission;

RightsCommission

the Rights of the Child Commission.

(2) A Commission shall be independent, impartial, and shalldischarge its functions fairly.
(3) A Commission shall be funded by a direct charge upon
the Consolidated Fund in accordance with article 222A.

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212H (1) Subject to paragraph (2) (a), members ofa Commission shall be
appointed for three years
and shall be eligible for re-appointment.

(2) Of those members (a) first appointed, other than the members
nominated by and from another Commission, a majority shall hold office for four
years;(b) nominated by and from another Commission, the duration for which each shall serve
shall not exceed the remaining tenure on theCommission by and from which they havebeen nominated.
(3)

The provisions of article 225 shall apply to the office of a memberof a Commission, and for the purposes of paragraphs (4) and (6) ofthat article theprescribed authority shall be the Speaker of the
National Assembly except that, in relation to a member other thanthe Chairperson or a member for the time being acting in the officeof the Chairperson under paragraph (5), the prescribed authority
for the purposes of paragraph (6) shall be the Chairperson; thisparagraph does not apply to the Chairperson of the Human Rights
Commission;(4)

The Chairperson and Deputy Chairperson of a Commission,other than the Human Rights Commission, shall be electedby and from the members of the Commission, other than themembers nominated by and from another Commission, using
such consensual mechanism as the Commission deems fit.

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157(5) If the office of Chairperson of aCommission, other than the Human Rights
Commission, becomes vacant or the holder
thereof is for any reason unable to perform thefunctions of the office, then the holder of theoffice of Deputy Chairperson, or if that office
is vacant, or the holder thereof is for any
reason unable to perform the functions of theoffice of the Chairperson, one of the othermembers, other than the members nominatedby and from another Commission, may beelected to act in the office of Chairperson; andthe Deputy Chairperson or such other member
shall continue so to act until a person has been
elected to the office of Chairperson and has
assumed the functions of that office or, as thecase may be, until the Chairperson or if amember other than the Deputy Chairperson isacting therein, the Deputy Chairperson has
assumed or resumed those functions.
(6) If the office of a member of a Commission
other than the Chairperson is vacant or if theholder thereof is acting as Chairperson under
the preceding paragraph or is for any otherreason unable to perform the functions of hisor her office, a person may be appointed to act
in that office and the provisions in relation to
the appointment of members of a Commission
shall apply to such an appointment as they
apply to the appointment of a person to hold theoffice of the member concerned; and any
person appointed under this paragraph shall,subject to the provisions of paragraph (3),continue to act until a person has been
appointed to the office in which he or she isacting and has assumed the functions thereofor, as the case may be, until the holder thereof
resumes those functions.
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Secretariat

212I. The Human Rights Commission Secretariat shall be theSecretariat for all the Commissions established under article
212G(1)

Generalfunctions

212J.

(1) In addition to the functions prescribed by this Consti
tution, the functions of a Commission, may be provided forby law; any addition thereto in the Constitution shall be approved by
the votes of a majority of all the elected members of the National
Assembly but the removal or variation of any function shall be by thevotes of not less than two-thirds of such members.
2. A Commission, other than the Human Rights Commission,
shall have the following general functions (a) to monitor and review all existing and proposed legislation, policies
and measures for compliance with the objects and matters under its
purview and report the need for any amendment to any legislation to the
National Assembly;(b) to educate the public regarding the nature and content of mattersunder its purview;(c) to carry out or cause to be carried out research and studies
concerning the observance of matters under its purview and report thefindings and recommendations thereon to the National Assembly;(d) to investigate complaints of, or initiate investigations into, violationsof the rights under its purview;(e) to resolve disputes or rectify acts or omissions by mediation,

conciliation or negotiation;(f) to take appropriate action on behalf of persons whose rights havebeen, are being or are likely to be violated;(g)

to liaise with governmental and non- governmentalorganisations, and other relevant bodies to address the complaints
and concerns of persons regarding matters under its purview;

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159(h) to enlist the aid of such persons as may be necessary to giveexpert advice in order to facilitate its functions;(i)to prepare and submit reports to the National Assembly pertaining to any convention, covenant or charter
relating to the objects of a Commission; and(j)to do all other acts and things as may be necessary
to facilitate the efficient discharge of its functions.
(3) A Commission may, by directions in writing and subject to suchconditions as it thinks fit, delegate any of its functions to any one ormore members of the Commission, or to such officers of the Commission as the Commission may determine.
(4) A Commission may require any person or any entity, including a
ministry or government department, to provide it with information –(a)for the purposes of any investigation it is carrying out or
proposes to carry out; and(b)on the measures that have been or are being taken for the
implementation of the decisions of, or the compliance with any
provision relating to, the Commission(5) For the purposes of paragraph (4), Parliament may by law makeprovision for offences and penalties for noncompliance with any
requirement, or decision of, or provision relating to a Commission.
(6) A Commission may at any stage refer any matter to the Human
Rights Commission or any other relevant authority or entity to be
dealt with.

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Constitution

RightsCommission
Tribunal

212K. Parliament may by law provide for the establishment of a
Rights Commissions Tribunal and such law may make provision for(a) the constitution of the Tribunal;(b) all matters relating to the jurisdiction, powers and duties of the
Tribunal;(c) all matters relating to appeals from decisions of the tribunal to
the Court of appeal; and(d) the practice and procedure of the Tribunal.
212L. (1) a decision of a Commission is subject to an appeal to the
Rights Commission Tribunal.
(2) A decision of the Rights Commission Tribunal is subject
to an appeal to the Court of Appeal.

Reports

212M. (1)As soon as practicable after the end of each year of
its operation, a Commission shall submit to the National Assembly anannual report of the activities of the Commission during the preceding year and the report shall be tabled in the Assembly within thirtydays of its submission if the Assembly is sitting, if not, at the firstmeeting of the Assembly thereafter.
(2) The Chairperson of a Commission may at any time
submit a special report to the National Assembly with respect to any
aspect of the functions of a Commission which the Commission
considers should, in the national interest, be brought to the attentionof the National Assembly(3) For the purposes of paragraph (2) a matter is of national interest
if (a) it affects a wide cross-section of the populace; and(b) disastrous consequences would result if a report on thematter were not brought to the attention of the National

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161(4)
A Commission shall prepare and publish an
executive summary of its annual report; provided that each special
report shall be published in m edia having wide accessibility in Guyana
within forty-five days of its submission to the National Assembly.

The Human Rights Commission
212N .(1) The Human Rights Commission shall promote the observance of and respect for, and protect and investigate violations of
the rights recognised by this Constitution and any other law relating
to equality of opportunity and treatment (hereinafter referred to as“the rights”).

Human Rights
Commission(2)
The Human Rights Commission shall consist of a full time
Chairperson and such other members, to be appointed in accordancewith this article.
(3)

The Chairperson of the Human Rights Commission shall be a
person who holds or has held office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of theCommonwealth or a court having jurisdiction in appeals from such court
or who is qualified to be appointed as any such judge, or any other fit andproper person with expertise or experience in human rights matters, tobe appointed by the President from a list, not unacceptable to the
President, of six persons submitted by the Leader of the Opposition after
meaningful consultation with such entities as appear to him or her to haveexpertise or experience in human rights matters:
Provided that if the Leader of the Opposition fails to supply such a list
to the President, the President shall request him or her to do so withina stated period, failing which the President shall in his or her own
deliberate judgment, appoint a person who holds or has held office as
judge of a court having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having jurisdiction inappeals from any such court or who is qualified to be appointed as any
such judge.

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Constitution4) In addition to the Chairperson, there shall be four members of theCommission who shall be the Chairpersons of the Ethnic Relations
Commission, Women and Gender Equality Commission, Indigenous
Peoples’ Commission and Rights of the Child Commission.
(5) The Deputy Chairperson of the Human Rights Commission shall beelected by and from the other members of the Commission using suchconsensual mechanism as the Commission deems fit.
(6) If the office of Chairperson of the Commission becomes vacant,or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of Deputy Chairperson, or if that office is vacant, or the holder thereof is for any reason
unable to perform the functions of the office of Chairperson, one ofthe other members may be elected to act in the office of Chairperson; and the Deputy Chairperson or such other member shall continue so to act until a person has been appointed to the office ofChairperson and has assumed the functions of that office or, as thecase may be, until the Chairperson or if a member other than the
Deputy Chairperson is acting therein, the Deputy Chairperson has
assumed or resumed those functions(7) The President may, with the concurrence of the Leader of the
Opposition, remove the Chairperson from office.
Functions of
the Human
RightsCommission
FourthSchedule

212O. The functions of Human Rights Commission are to(a) monitor the observance of the international instruments to which

the Government accedes from time to time, including those alreadyacceded to and specified in the Fourth Schedule;(b) monitor and assess compliance with the rights and report theneed for any amendment of the law relating thereto to the National
Assembly;c) educate the public regarding the nature and content of the rights;

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163(d) make recommendations to any person or any entity, including a
ministry or government department, relating to matters affecting
compliance with and adoption of measures for the promotion of therights;(e) carry out or cause to be carried out research and studies concerning the observance of the rights and report the findings andrecommendations thereon to the National Assembly;(f) monitor and review all existing and proposed legislation, policies
and measures for compliance with the rights and report the need forany amendment to any legislation to the National Assembly;(g) investigate complaints of, or initiate investigations into, violationsof the rights;(h) resolve disputes or rectify acts or omissions by mediation,
conciliation or negotiation;(i)liaise with governmental and non-governmental organisations,and other relevant bodies to address the complaints and concerns of
persons regarding matters under its purview;(j) take appropriate action on behalf of persons whose rights havebeen, are being or are likely to be violated;(k) enlist the aid of such persons as may be necessary to giveexpert advice in order to facilitate its functions;(l) establish as part of its Secretariat, such units as are necessaryfor, inter alia, the purpose of monitoring compliance with laws
relating to
the rights, and for educating employers in the public and private
sectors andthe general public on desirable employment practices;

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Constitution(m) to prepare and submit reports to the National Assembly
pertaining to any convention, covenant or charter relating to theobjects of the Commission; and(n) do all other acts and things as may be necessary to facilitate theefficient discharge of the functions of the Commission.
(2)If any person alleges that any of the rights has been, is being or
is likely to be contravened in relation to him or her, then, without
prejudice to any other action which is lawfully available to him or her,with respect to the same matter, the Commission shall have thepower to institute legal action on behalf of the complainant for
redress.
Secretariat

212P .(1) Each Commission established under article 212G (1) shallappoint on such terms and conditions as may be approved by the
National Assembly, a Chief Executive Officer (who shall serves as
its Secretary), and the secretary and assistants to the Chief Executive Officer(2) The Human Rights Commission shall be responsible for the efficient
functioning of the Secretariat of the Commissions, which shall comprise–(a) the Chief Executive Officers of the Commissions who shall be
Directors in the Secretariat;(b) the secretaries and assistants to the Chief Executive Officers;and(c)other officers and employees, as may be necessary for theefficient discharge of the functions of the Secretariat, whoshall be appointed on such terms and conditions as may be
determined by the Commission.

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165(4) Before a Commission appoints to act in any office referred to inparagraph (1) or (2) any person who holds or is acting in any office,power to make appointments to which is vested under this Constitution in the Judicial, the Teaching, the Police or the Public Service
Commission, the Commission shall first seek and obtain the approvalof the Commission in which that power is vested(6) Where a public officer is appointed to an office referred to inparagraph (1) or (2) that officer shall, subject to the said paragraph (1)or (2), remain a public officer unless the appointing Commission
determines that that office shall be independent of the Commission fromwhich he or she has been appointed.
(7) Nothing in this article shall be construed as precluding a Commission
from appointing any person who is not a public officer to an officereferred to in paragraph (1) or (2).
(8) The emoluments and allowances payable to the members of aCommission shall be proposed by the Parliamentary Sectoral
Committee for Social Services in consultation with the Commission andapproved by the National Assembly.
The Women and Gender Equality Commission

212 Q (1) The Women and Gender Equality Commission shallpromote national recognition and acceptance that Equality women’s
rights are human rights
respect for gender equality and the protection, development andattainment of gender equality.

Women and
Equality
Commission(2) The Women and Gender Equality Commission shall consist of
persons from each of the categories referred to in subparagraphs (a), (b)and (c), appointed by the President as follows (a) not less than five nor more than fifteen members, with expertise in
women’s and gender equality issues, nominated by entities, by aconsensual mechanism determined by the National Assembly, after theentities, which shall include the Women’s Advisory Committee of theTrades Union Congress, are determined by the votes of not less than
two-thirds of all the elected members of the National Assembly;

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Constitution(b) the Administrator of the Women’s Affairs Bureau, by whatever
name that office is designated; and(c) a member who shall be a nominee, without the right to vote,chosen by and from each of the following commissions: the Human
Rights Commission, Ethnic Relations Commission, Indigenous
Peoples’ Commission, and Rights of the Child Commission.
Functions of
the Women
and Gender
Equality
Commission

212R. In addition to the functions specified in article 212J (2), thefunctions of the Women and Gender Equality Commission are to(a)promote issues related to the enhancement of the status of
women, girls and gender issues;(b) promote the integration of women’s needs and interests andmainstreaming of gender issues;(c) promote the empowerment of women;(d) promote women’s rights as human rights;
raise the awareness of the contribution of women andproblems faced by women including the recognition and valueof unwaged work;(e) raise the awareness of the contribution of women andproblems faced by women including the recognition and valueof unwaged work(f ) promote women’s needs, interests, and concerns in the wider
spectrum of economic and social development and address both thepractical and strategic needs of women as being
different from those of men;(g) educate and monitor employers and the public on desirable
employment practices in relation to women;(h) monitor compliance and make recommendations for compliancewith international instruments to which the Government accedesfrom time to time, including those already acceded to and which
relate to the purpose of the Commission;

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167(i) evaluate any system of personal and family law, customs orpractices or any law likely to affect gender equality or the status of
women and make recommendations to the National Assembly withregard thereto;(j) recommend and promote the implementation of legislation andthe formulation of policies and measures so as to enhance andprotect the status of women;(k) promote, initiate or cause to be carried out research and thecreation of databases on women and gender related issues including
those of health, especially reproductive health, violence against
women and the family, and their socio-economic and political status,
as the Commission may deem relevant or as may be referred to it by
the National Assembly;(l) promote consultation and cooperation with women’s organisations
in relation to decision- making that affects the lives of women;(n) recommend training and technical assistance to support initiatives
by and for women and girls; and(m) promote the participation of women in national decisionmaking.

THE INDIGENOUS PEOPLES’ COMMISSION
212S. (1) The Indigenous Peoples’ Commission shall establish
mechanisms to enhance the status of indigenous peoples and torespond to their legitimate demands and needs.
(2) The Indigenous Peoples’ Commission shall consist of persons fromeach of the categories referred to in sub- paragraphs (a), (b) and (c)appointed by the President as follows -L.R.O. 3/1998

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Constitution(a) not more than ten members nominated by entities, by a consensual
mechanism determined by the National Assembly, after the entities are
determined by the votes of not less than two-thirds of all elected
members of the National Assembly;(b) three persons, at least one being a woman nominated by the
Toushaos Council and two persons including one woman nominated byAmerindian organisations determined by the votes of not less than twothirds of all elected members of the National Assembly; and(c) a member who shall be a nominee, without the right to vote,chosen by and from each of the following Commissions: the Human
Rights Commission, Ethnic Relations Commission, Women and
Gender Equality Commission and Rights of the Child Commission.
212T In addition to the functions specified in article 212J (2) the
functions of the Indigenous Peoples’ Commission are to(a)promote and protect the rights of indigenous peoples;(b)raise awareness of the contribution of, and problems faced by,indigenous peoples;(c) promote empowerment of indigenous peoples, especially withregard to the village council in the local government system and thescope and authority of the Council of Toushaos;(d) make recommendations on economic and education policies toadvance the interests of indigenous peoples;(e) make recommendations for the protection, preservation andpromulgation of the cultural heritage and language of indigenous
peoples;(f) promote consultation and cooperation with indigenous peoples
especially with regard to their participation in national decisionmaking and other decisions that affect their lives;(g) recommend and promote training and technical assistance tosupport initiatives by and for indigenous peoples;LAWS OF GUYANA
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169(h) educate employers and the public and make recommendations toimprove employment practices related to indigenous peoples; and(i) monitor the need for and recommend where appropriate theestablishment of mechanisms to provide counselling for indigenous
peoples.
THE RIGHTS OF THE CHILD COMMISSION

212U. (1) The Rights of the Child Commission shall promote initiatives that reflect and enhance the well-being and rights of the child

Rights of theChildCommission(2)The Rights of the Child Commission shall consist of persons
from each of the categories referred to in sub-paragraphs (a) and (b)appointed by the President as follows (a) not less than five nor more than fifteen members, with expertisein issues affecting children, nominated by entities, by a consensual
mechanism determined by the National Assembly, after the entities
which shall include the Ministry with responsibility for children’s
affairs, the Ministry of Education, and organisations representing theinterests of youth, are determined by the votes of not less than twothirds of all elected members of the National Assembly; and(b) a member who shall be a nominee, without the right to vote,chosen by and from each of the following commissions: the Human
Rights Commission, Ethnic Relations Commission, Women and
Gender Equality Commission and Indigenous Peoples’ Commission.
212V. In addition to the functions specified in article 212J (2) the
functions of the Rights of the Child Commission are to-Functions of
the Rights of
the ChildCommission(a) promote the rights and interests of, and respect
for the views of, children;

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Constitution(b) ensure that the rights and interests of children are taken into

account at all levels of government, other public bodies, and privateorganisations when decisions and policies
affecting children are taken;(c) monitor compliance and make recommendations for the compliance with international instruments to which the Government accedes from time to time, including those already acceded to andwhich relate to the purpose of the Commission;(d) consult on and participate in the preparation of the Annual Reporton the Rights of the Child to be submitted by the Government to theUnited Nations Committee on the Rights of the Child;(e) ensure that children have effective means of redress if theirrights are being violated;(f) monitor, evaluate and make recommendations on policies, procedures and practices of organisations, bodies and institutions in orderto promote the rights of the child.

THE PUBLIC PROCUREMENT COMMISSION
PublicProcurement
Commission

212W. (1) There shall be a Public Procurement Commission the
procurement purpose of which is to monitor public procurement andthe procedures therefor in order to ensure that the procurement ofgoods, services and execution of works are conducted in a fair,equitable, transparent, competitive and cost effective manner according to law and such policy guidelines as may be determined by the
National Assembly.
(2)The Commission shall be independent, impartial, and shall dis-charge its functions fairly.

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212X. (1) The Public Procurement Commission shall consist of fivemembers who shall have expertise and expertise and experience inprocurement, legal, financial and adminstrative matters.

171
Compositionof the Public
Procurement
Commission(2) The President shall appoint the members of the Commission after such members have been nominated by the Public Accounts Committee and approved by not less than two-thirds of theelected members of the National Assembly.

212Y (1) Subject to paragraph (2), members of the Commission
shall be appointed for three years and shall be eligible for re-appointment, for one other term of office, not earlier than three years after
the end of their first term.
(2) Of those members first appointed, two shall hold office for four
years.
(3) The Chairperson and Deputy Chairperson of the Commission
shall be elected by and from the members of the Commission using
such consensual mechanism as the Commission deems fit.
(4) The provisions of article 225 shall apply to the office of amember of the Commission, and for the purposes of paragraphs (4)and (6) of that article the prescribed authority shall be the Speaker of
the National Assembly except that, in relation to a member otherthan the Chairperson or a member for the time being acting in theoffice of the Chairperson under the next following paragraph, theprescribed authority for the purposes of paragraph (6) shall be the
Chairperson.

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Constitution(5)If the office of Chairperson of the Commission is vacant or theholder thereof is for any reason unable to perform the functions of
the office, then the holder of the office of Deputy Chairperson, or ifthat office is vacant, or the holder thereof is for any reason unable toperform the functions of the office of the Chairperson, one of theother members, may be elected to act in the office of Chairperson;
and the Deputy Chairperson or such other member shall continue soto act until a person has been elected to the office of Chairperson
and has assumed the functions of that office or, as the case may be,
until the Chairperson or if a member other than the Deputy Chairperson is acting therein, the Deputy Chairperson has assumed orresumed those functions.
6.If the office of a member of the Commission other than the
Chairperson is vacant or if the holder thereof is acting as Chairperson under the preceding paragraph or is for any other reason unable
to perform the functions of his or her office, a person may be
appointed to act in that office and the provisions in relation to theappointment of members of the Commission shall apply to such an
appointment as they apply to the appointment of a person to hold theoffice of the member concerned; and any person appointed under
this paragraph shall, subject to the provisions of paragraph (4),continue to act until a person has been appointed to the office inwhich he or she is acting and has assumed the functions thereof or,as the case may be, until the holder thereof resumes those functions.

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212Z (1) The Commission shall establish a secretariat comprising its
officers and employees.

Secretariat(2) The Commission shall appoint a Chief Executive Officer, whoshall serve as Secretary, and such other officers and employees as
may be necessary for the efficient discharge of its functions. The
terms and conditions of the appointment of the Chief Executive
Officer and the two other most senior officers shall be subject to theapproval of the National Assembly.
(3) The Chief Executive Officer shall be under the direction andcontrol of the Commission and he or she shall be responsible for theother officers and employees of the Commission who shall directly
report to him or her.
(4) The Chief Executive Officer may, as directed by the Commission, attend meetings of public procurement bodies.
(5) Before the Commission appoints to act in any office referred toin paragraph (2) any person who holds or is acting in any office,power to make appointments to which is vested under this Constitution in the Judicial, the Teaching, the Police or the Public Service
Commission, the Commission shall first seek and obtain the approvalof the Commission in which that power is vested.
(6) Where a public officer is appointed to an office referred to inparagraph (2) that officer shall, subject to the said paragraph (2),remain a public officer unless the Commission determines that officeshall be independent of any other Commission.
(7) Nothing in this article shall be construed as precluding the Commission from appointing any person who is not a public officer to an
office referred to in paragraph (2).
(8) The emoluments and allowances payable to the members of theCommission shall be determined by the Public Accounts Committee
in consultation with the Commission.

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Functions of
the Public
Procurement
Commission

212AA (1) The functions of the Public Procurement Commission
are to(a) monitor and review the functioning of all public procurement
systems to ensure that they are in accordance with law andsuch policy guidelines as may be determined by the National Assembly(b)promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, contractors andpublic bodies;(c) safeguard the national interest in public procurement
matters, having due regard to any international obligations;(d)monitor the performance of procurement bodies with respect toadherence to regulations and efficiency in procuring goods andservices and execution of works;(e) approve of procedures for public procurement, disseminate rules
and procedures for public procurement and recommend modifications thereto to the public procurement entities;(f) monitor and review all legislation, policies andmeasures for compliance with the objects and matters under its
purview and report the need for any legislation to the National
Assembly;(g)monitor and review the procurement procedures of the ministerial,
regional, and national procurement entities as well as those of project
execution units;(h) investigate complaints from suppliers, contractors and public
entities and propose remedial action;(i) investigate cases of irregularity and mismanagement,
and propose remedial action

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212BB. (1) A decision of the Commission is subject to an appeal to
the Tribunal established under article 212 EE

Appeals(2) A decision of the Tribunal is subject to an appeal to the
Court of Appeal.
Reports

212CC. (1) As soon as practicable after the end of each year of its
operation, the Commission shall submit to the National Assembly anannual report of the activities of the Commission during the preceding year and the report shall be tabled in the Assembly within thirtydays of its submission if the Assembly is sitting, if not, at the firstmeeting of the Assembly thereafter.
(2) The Chairperson of the Commission may at any time submit a
special report to the National Assembly with respect to any aspectof the functions of the Commission which the Commission
considers should, in the national interest, be brought to the attentionof the National Assembly.
(3)For the purposes of paragraph (2) a matter is of national interest
if –(a) it affects a wide cross-section of the populace; and(b) disastrous consequences would follow if a report on thematter were not brought to the attention of the Assembly.
(4)The Commission shall prepare and publish an executive summaryof its annual report; and shall publish every special report in media
having wide accessibility in Guyana within forty-five days of thesubmission of such special report to the National Assembly
212D (1) The Commission may require any person, or any entity,
including a ministry or government department, to provide it with
infromation-

Requirement
to provide
infromation(a) for the pirposes of any investigation it is carrying out or proposes
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Constitution(b) on the measures that have been or are being taken for
the implementation of the decisions of, or the compliancewith any provision relating to, the Commission(2) For the purposes of paragraph (1), Parliament may by law makeprovision for offences and penalties for non-compliance with any
requirement, or decision of, or provision relating to the Commission.
PublicProcurement
Commission
Tribunal

212EE. Parliament , may by law provide for the establishment of a
Public Procurement Commission Tribunal and such law may makeprovision for(a) the constitution of the Tribunal;(b) all matters relating to the jurisdiction, powers and duties of the
Tribunal;(c)all matters relating to appeals from decisions of the
Tribunal to the Court of Appeal; and(d)the practice and procedure of the Tribunal.

Principles for the Establishment of Commissions
Principles forthe establishment ofCommissions

212FF The Standing Committee for Constitutional Reform shall, in
addition to its functions under article 119A, continually review theoperations of and the need for existing commissions and for theestablishment of new commissions, applying the following considerations(a) the issues to be addressed by a commission must be of national
interest or affect a wide cross-section of the populace;(b) there could be disastrous consequences for the society and thecountry at large if the issues are not attended to and monitored;

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177(c) there is the assessment that it is important that political interfer-

ence be eschewed in relation to the issues to be addressed;(d) the operating procedures and mechanisms for choosing themembers of a commission are such as would minimise the influenceof the Executive and maximise public perception of impartiality inthe operations of the commission;(e) accordance with the need for efficiency and cost-effectiveness,
commissions should be kept small and be staffed by persons ofappropriate skill and experience;(f) where commissions, especially those of a protective nature as
opposed to administrative commissions, are established to addresssimilar issues, the limitations of human and financial resources should
be considered and common secretariats should be established.

Pensions
213. (1) Subject to the provisions of the next following article, the law
applicable to any benefits to which this article applies shall, in relation to
any person who has been granted, or who is eligible for the grant of, such
benefits, be that in force on the relevant date or any later law that is notless favourable to that person.

Protection or
pension rights.

(2) In the preceding paragraph “the relevant date” means—(a) in relation to any benefits granted before thecommencement of this Constitution the date on which thosebenefits were granted;(b) in relation to any benefits granted or to be granted after
the commencement of this Constitution to or in respect of any
person who was a public officer before such commencement,
the day immediately preceding such commencement; andL.R.O. 3/1998

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Constitution(c) in relation to any benefits granted or to be granted to or
in respect of any person who becomes a public officer after
the commencement of this Constitution, the date on which hebecomes a public officer.
(3) Where a person is entitled to exercise an option as to whichof two or more laws shall apply in his case, the law specified by him in
exercising the option shall, for the purposes of this article, be deemed tobe more favourable to him than the other law or laws.
(4) Any benefit to which this article applies (not being a benefit
that is a charge upon some other public funds of Guyana) shall be acharge upon the Consolidated Fund.
(5) In this article references to the law applicable to any benefits
to which this article applies include (without prejudice to their generality)references to any law relating to the time at which and the manner inwhich any person may retire in order to become eligible for thosebenefits.

214. (1) Where under any law any person or authority has adiscretion—(a) to decide whether or not any benefits to which thisarticle applies shall be granted; or(b) to withhold, reduce in amount or suspend and such
benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced inamount or suspended unless the appropriate Commission concurs in therefusal to grant the benefits or, as the case may be, in the decision towithhold them, reduce them in amount or suspend them.

Power ofCommissions
in relation topensions, etc

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179

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that may be granted to any person is not fixed by law, the amount of thebenefits to be granted to him shall be the greatest amount for which heis eligible unless the appropriate Commission concurs in his being
granted benefits of a smaller amount.
(3) The appropriate Commission shall not concur underparagraph (1) or paragraph (2) in action taken on the ground that any
person who holds or has held the office of a Judge of the Supreme Courtof Judicature, Director of Public Prosecutions, Auditor General or
Commissioner of Police has been guilty of misbehaviour unless he has
been removed from office by reason of such misbehaviour.
(4) In this article “the appropriate Commission” means—(a) in the case of benefits for which any person may be
eligible or that have been granted in respect of the service inthe public service of a person who, immediately before heceased to be a public officer—(i) was a Judge of the Supreme Court of Judicature, or
was the Director of Public Prosecutions and provision wasthen in force under article 203(6), or was subject to thedisciplinary control of the Judicial Service Commission, theJudicial Service Commission;(ii) was a teacher in the public service, the Teaching
Service Commission;(iii) was the Commissioner of Police or other member of
the Police Force, the Police Service Commission; and(b) in any other case, the Public Service Commission.
Interpretation

215. (1) The preceding two articles apply to any benefits that are or
may become payable under any law providing for the grant of pensions,compensation, gratuities or other like allowances to persons in respectof their service as public officers or to the widows, children, dependants
or personal representatives of such persons in respect of such service.

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Constitution(2) The said two articles and paragraph (1) of this article shallhave effect as if service as a Judge of the Supreme Court of Judicatureor as the Clerk or Deputy Clerk of the National Assembly were service
in the public service.
Public Service Appellate Tribunal
216. (1) Parliament may, by law, provide for the establishment of a
Public Service Appellate Tribunal (hereafter in this article referred to as
the “Tribunal”) consisting of a chairman and such number of othermembers, being not less than two, as may be provided by that law.
(2) The chairman of the Tribunal shall be appointed by the
President by instrument in writing and shall be a person who—(a) holds or has held the office of a Judge of the Court ofAppeal; or(b) is qualified to be appointed as a Judge of the Court ofAppeal and holds or has held the office of a Judge of the High
Court.
(3) A person shall be disqualified for appointment as a memberof the Tribunal if he is a member of the Public Service Commission, theTeaching Service Commission or the Police Service Commission or isa public officer.
(4) A person shall not, while he holds the office of a memberof the Tribunal or within a period of three years commencing with thedate on which he last held that office, be eligible for appointment to, or
act in, any office power to make appointments to which is vested by thisConstitution in—(a) the President acting in accordance with the advice of,or after consultation with, the Public Service Commission or
the Police Service Commission; or(b) the Public Service Commission, the Teaching Service
Commission or the Police Service Commission.

Establishment
and functionsof the PublicServiceappellate
Tribunal[17 of 1984]

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181(5) Where a Tribunal has been established under paragraph (1),an appeal shall lie to the Tribunal, subject to such conditions (if any) as
may be specified by or under the law by which it is established, in respectof any matter so specified, being a matter in respect of which the PublicService Commission, the Teaching Service Commission, the Police
Service Commission or the Commissioner of Police is empowered tomake a decision under any provision of this Constitution:
Provided that no appeal shall lie to the Tribunal—(a) from any decision of the Public Service Commission or
the Police Service Commission in respect of appointment toany office to which article 225 applies or in respect of any
matter concerning any person holding, or acting in, any suchoffice;(b) from any decision of the Public Service Commission,
the Teaching Service Commission or the Police Service
Commission in respect of any appointment, in a case wheresuch appointment is required by this Constitution to be madeafter consultation with such Commission; and(c) from any decision of the Public Service Commission in
respect of any matter referred to in article 201(6) to which the
Judicial Service Commission has concurred.
(6) Subject to the provisions of this Constitution, the law referred
to in paragraph (1) may make, or authorise the making of, provisions withrespect to all matters connected with the Tribunal.
(7) Without prejudice to the generality of the provisions of thepreceding paragraph, but subject to the provisions of this article, suchlaw may, in particular, make, or authorise the making of, provisions forall or any of the following matters—(a) the constitution of the Tribunal;(b) the terms and conditions of the appointment of themembers of the Tribunal and the qualifications anddisqualifications for such appointment;(c) the matters in respect of which, and the persons bywhom, an appeal to the Tribunal may be brought and all othermatters relating to the jurisdiction, powers and duties of the

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Tribunal;(d) the manner in which and the conditions, if any, subject
to which an appeal to the Tribunal may be brought, including
conditions with respect to the time within which the appeal
may be brought and the fee payable in respect of the appeal
or any application made to the Tribunal; and(e) the practice and procedure of the Tribunal.
(8) The provisions of article 225 (which relate to removal fromoffice) shall apply to the office of the chairman of the Tribunal, and forthe purposes of paragraphs (4) and (6) of that article the prescribedauthority shall be the Prime Minister.
(9) For the avoidance of doubt it is hereby declared that theprohibition in article 226(6) against enquiry in any court into the question
referred to therein shall not apply to proceedings before the Tribunal.
(10) Save as otherwise provided by Parliament by law, the PublicService Commission, the Teaching Service Commission, the Police
Service Commission, the Commissioner of Police, every person towhom any power of any of the aforesaid Commissions or of theCommissioner of Police has been delegated and every public officer,
whether or not he is a person to whom any such power has beendelegated, and authority shall give effect as expeditiously as possible tothe decision of the Tribunal on any appeal brought to it or any application
made to it.
(11) In deciding any question arising in an appeal brought to the
Tribunal or an application made to it, no member of the Tribunal shall be
subject to the direction or control of any other person or authority.
(12) Any question whether—(a) the Tribunal or any bench thereof has validly
performed any function vested in it by or under thisConstitution; or(b) any member of the Tribunal or any other person has
validly performed any function in relation to the work of the
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shall not be enquired into in any court.

TITLE 8FINANCE

Establishmentof Consolidated Fund

217. All revenues or other moneys raised or received by Guyana (notbeing revenues or other moneys that are payable, by or under an Act ofParliament, into some other fund established for any specific purpose orthat may, by or under such an Act, be retained by the authority thatreceived them for the purpose of defraying the expenses of that
authority) shall be paid into and form one Consolidated Fund.

Withdrawls
from Consolidated Fund orother publicfunds.

218. (1) No moneys shall be withdrawn from the Consolidated Fund
except—(a) to meet expenditure that is charged upon the Fund by
this Constitution or by any Act of Parliament; or(b) where the issue of those moneys has been authorisedby an Appropriation Act; or(c) where the issue of those moneys has been authorised
under article 219.
(2) Where any moneys are charged by this Constitution or any
Act of Parliament upon the Consolidated Fund or any other public fund,they shall be paid out of that fund by the Government of Guyana to theperson or authority to whom payment is due.
(3) No moneys shall be withdrawn from any public fund otherthan the Consolidated Fund unless the issue of those moneys has beenauthorised by or under an Act of Parliament.
(4) Parliament may prescribe the manner in which withdrawals
may be made from the Consolidated Fund or any other public fund.

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219. (1) The Minister responsibile for Finance or any other Minister
designated by the President shall cause to be prepared and laid before
the National Assembly before or within ninety days after thecommencement of each financial year estimates of the revenues andexpenditure of Guyana for that year.

Authorisationof expenditurefrom Consolidated Fund by
appropriation[6 of 2001](2) When the estimates of expenditure (other than expenditure
charged upon the Consolidated Fund by this Constitution or any Act ofParliament) have been approved by the Assembly a Bill, to be known as
an Appropriation Bill, shall be introduced in the Assembly, providing forthe issue from the Consolidated Fund of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes
specified therein.
(3) If in respect of any financial year it is found—(a) that the amount appropriated by the Appropriation Act
for any purpose is insufficient or that a need has arisen for
expenditure for a purpose for which no amount has been
appropriated by that Act; or(b) that any moneys have been expended for any purpose
in excess of the amount appropriated for that purpose by theAppropriation Act or for a purpose for which no amount has
been appropriated by that Act,a supplementary estimate or, as the case may be, a statement of excess
showing the sums required or spent shall be laid before the Assembly by
the Minister responsible for Finance or any other Minister designated by
the President.
220. (1) Parliament may make provision under which, if theAppropriation Act in respect of any financial year has not come into
operation by the beginning of that financial year, the Minister responsible
for finance may authorise the withdrawal of moneys from theConsolidated Fund for the purpose of meeting expenditure necessary to
carry on the services of the Government of Guyana until the expirationof four months from the beginning of that financial year or the coming
into operation of the Act, whichever is the earlier.

Authorisationof expenditurein advance ofappropriation

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185(2) Where a supplementary estimate or statement of excess islaid before the National Assembly under paragraph (3) of the precedingarticle or paragraph (2) of the next following article and is approved by
the Assembly by resolution, that resolution shall be authority for the issueof the sums in question from the Consolidated Fund, but the aggregate
sums the issue of which is so approved shall be included, underappropriate heads, in a supplementary Appropriation Bill.
(3) Where at any time Parliament has been dissolved before any
provision or any sufficient provision is made under this Title for the
carrying on of the Government of Guyana, the Minister responsible forfinance may authorise the withdrawal of such sums from theConsolidated Fund as he may consider necessary for the purpose of
meeting expenditure on the public services until the expiry of a period of
three months commencing with the date on which the National
Assembly first meets after that dissolution, but a statement of theexpenditure so authorised shall, as soon as practicable, be laid before theAssembly by the Minister responsible for Finance or any other Minister
designated by the President and, when the statement has been approvedby the Assembly, that expenditure shall be included, under theappropriate heads, in the next Appropriation Bill.
Contingencies
Fund

221. (1) Parliament may make provision for the establishment of aContingencies Fund and for authorising the Minister responsible forfinance to make advances from that Fund if he is satisfied that there isan urgent need for expenditure for which no other provision exists.
(2) Where any advance is made from the Contingencies Fund a
supplementary estimate shall, as soon as practicable, be laid before the
National Assembly by the Minister responsible for Finance or any other
Minister designated by the President for the purpose of authorising the
replacement of the amount so advanced.

Public debt

222. The public debt of Guyana and the service of that debt (including
the interest on that debt, sinking funds payments and redemption moneys
in respect of that debt and costs, charges and expenses of and incidental
to the management of that debt) are hereby charged on the Consolidated
Fund.

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223. (1) There shall be paid to the holders of the offices to which thisarticle applies such salaries and such allowances as may be prescribedby or under any law or, in the case of the Clerk and Deputy Clerk of the
National Assembly, as may be determined under article 158(4).

Remunerationof holders ofcertain offices[6 of 2001](2) The salaries and allowances payable to the holders of theoffices to which this article applies are hereby charged on theConsolidated Fund.
(3) The salary and allowances payable to the holder of any office
to which this article applies and his other terms of service shall not bealtered to his disadvantage after his appointment, and, for the purposesof this paragraph, in so far as the terms of service of any person depend
upon the option of that person, the terms for which he opts shall be taken
to be more advantageous to him than any other terms for which he might
have opted.
(4) This article applies to the offices of President, Speaker,
Deputy Speaker, Clerk and Deputy Clerk of the National Assembly, any
Judge of the Supreme Court of Judicature, members of the Elections
Commission, the Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission or the Police Service
Commission, the Ombudsman, the Director of Public Prosecutions, theAuditor General and the Commissioner of Police.

223A.

In order to assure the independence of theentities listed in the Third Schedule(a)the expenditure of each of the entities shall 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 after review and approval of the entity’s annual
budget as a part of the process of the determination of the national
budget;Overarchingclause on
financialautonomy
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187(b) each entity shall manage its subvention in such manner as it

deems fit for the efficient discharge of its functions, subject only toconformity with the financial practices and procedures approved by
the National Assembly to ensure accountability; and all revenues
shall be paid into the Consolidated Fund;(c) the terms and conditions applicable to grants and donations
destined for the entities shall be approved by, and disbursements
shall be made through, such appropriate government agency ordepartment as determined by the National Assembly.”.

224.(1) There shall be an Auditor General for Guyana, whose officeshall be a public office.
(2) The public accounts of Guyana and of all officers andauthorities of the Government of Guyana (including the Commissions
established by this Constitution) and the accounts of the Clerk of the
National Assembly and of all courts in Guyana shall be audited andreported on by the Auditor General, and for that purpose the Auditor
General or any person authorised by him in that behalf shall have accessto all books, records, returns and other documents relating to thoseaccounts.

Office andfunctions ofAuditor
General[6 of 2001](a)in article 223 (3) by the substitution for the words “Minister
responsible for finance”, of the words “Speaker of the National
Assembly”;(b)by the substitution for paragraph (4) of the following paragraph“(4) In the exercise of his functions under this Constitution,
the Auditor General shall not be subject to the direction or control ofany person or authority.”;

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Constitution(c)by the insertion immediately after paragraph (4) of the following
paragraphs (5) The Public Accounts Committee may exercise generalsupervision over the functioning of the office of the Auditor Generalin accordance with the Rules, Policies and Procedures Manual forthe functioning of the office of the Auditor General as prepared by
the Auditor General and approved by the Public Accounts Committee.
(6) The Auditor General shall prepare and submit to the Public
Accounts Committee reports, on a quarterly basis, on the performance and operation of the office of the Auditor General.
(7) The Auditor General shall submit annually a copy of an
Annual Systems and Financial Audit Report with respect to theoffice of the Auditor General to the Public Accounts Committee(8) In this article (a)“Public Accounts Committee” means the Public Accounts
Committee established by order 70 (2) of the Standing Orders of the
National Assembly; and(b)“public accounts of Guyana” includes the accounts of (i) all central and local government
bodies and entities;(ii)all bodies and entities in which the State has a controlling interest;and(iii)all projects funded by way of loans or grants by any foreign Stateor organisation.”.

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189(3) The Auditor General shall submit his reports to the Minister
responsible for finance, who shall cause them to be laid before the
National Assembly.
(4) Subject to article 118, in the exercise of his functions under
this Constitution the Auditor General shall not be subject to the direction
or control of any other person or authority.
TITLE 9MISCELLANEOUS

Rules of court

225. Where under this Constitution any provision may be made byrules of court, rules for the purpose may be made by the authority for thetime being empowered generally, by law in force in Guyana, to makerules of court in relation to civil proceedings in the High Court or, in so
far as the provision relates to the bringing of any appeal to, or the
institution of other proceedings in, or the practice and procedure of, theCourt of Appeal, by the authority so empowered in relation to civil
proceedings in that Court.

Removal fromoffice of certain
persons[17 of 2000]

226. (1) Where it is provided in this Constitution that this article shallapply to any office, a person holding such office (in this article referred
to as “the office”) shall not be removed therefrom or suspended fromthe exercise of the functions thereof except in accordance with theprovisions of this article; and the prescribed authority for the purpose ofparagraph (4) or (6) shall, in relation to any office, be the authority
prescribed for that purpose by the provision of this Constitution by which
this article is applied to that office.
(2) The officer may be removed from office only for inability todischarge the functions of his office (whether arising from infirmity ofbody or mind or any other cause whatsoever) or for misbehaviour.

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Constitution(3) The officer shall be removed from office by the President if
the question of his removal from office has been referred to a tribunal
appointed under this article and the tribunal has recommended to the
President that the officer ought to be removed from office for inability
as aforesaid or for misbehaviour.
(4) If the prescribed authority advises the President that thequestion of removing the officer from office under this article ought tobe investigated then—(a) the President shall act in accordance with the advice of
the Judicial Service Commission, in appointing a tribunal
which shall consist of a Chairman and not less than two othermembers, selected by the Judicial Service Commission fromamong persons who hold or have held office as a judge of acourt having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from any such court or who are
qualified to be admitted to practice in Guyana as attorneys-atlaw and have been so qualified for such period as is prescribedby Parliament for the purposes of subparagraph (b) of article
129(1) in relation to the office of Puisne Judge; and(b) that tribunal shall enquire into the matter and report on
the facts thereof to the President and recommend to him
whether the officer ought to be removed under this article.
(5) The provisions of the Commissions of Inquiry Act as in force
immediately before the commencement of this Constitution shall,subject to the provisions of this article and of article 197(9), apply as
nearly as may be in relation to tribunals appointed under this article, or,as the context may require, to the members thereof as they apply in
relation to Commissions or Commissioners appointed under that Act,and in such application shall have effect as if they formed part of thisConstitution.
(6) If the question of removing the officer from office has beenreferred to a tribunal under this article, the President, acting inaccordance with the advice of the prescribed authority, may suspend theofficer from performing the functions of his office, and any such

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suspension may at any time be revoked by the President, acting inaccordance with such advice as aforesaid, and shall in any case ceaseto have effect if the tribunal recommends to the President that the officer
should not be removed from office.
Powers andprocedure ofCommissions[2 of 2000
5 of 2001]

227. (1) Save as otherwise provided in this Constitution, in theexercise of its functions under this Constitution a Commission shall not
be subject to the direction or control of any other person or authority.
(2) Subject to affirmative resolution of the National Assembly,
a commission shall make rules, relating to the procedure of thecommissio; and until such rules are made, the commission shall regulate
its own procedure(3) A Commission may, subject to the next following paragraph,
act notwithstanding any vacancy in its membership or the absence ofany member and its proceedings shall not be invalidated by the presenceor participation of any person not entitled to be present at or to participate
in those proceedings.
(4) Any question for decision by a Commission shall be
determined by a majority of the votes of the members of the Commission
present and voting at a meeting of the Commission at which a quorum
is present, and if on any question the votes are equally divided the
Chairman or other member presiding shall have a casting vote in addition
to his original vote:
Provided that, where the votes are equally divided on the question
whether any power to remove a public officer from his office should be
exercised, the Chairman or other member presiding shall not have acasting vote and the Commission shall be deemed to have decided thatpower should not be exercised.

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Constitution(5)For the purposes of the preceding paragraph a quorum shallconsist, in the case of the Elections Commission, of the Chairman
and not less than four members, two of whom have been appointed
by the President in his own deliberate judgment and two from among
members appointed on the advice of theLeader of the Opposition
tendered in accordance with article 161(3)(b):(i) without just cause, such just cause being determined by the

Chairman, the meeting shall stand adjourned to a day not later than
two days; or(ii)in the case of the declaration of the results of the election of the
President, the meeting shall stand adjourned to the following day,at the same time and place and notice of such adjournment
shall be given to the absent members; and if at the adjourned
meeting a quorum is not present, the members then present,
being not less than four including the Chairman, shall bedeemed to constitute a quorum and any decision made at thator any such meeting shall be valid in law and binding.”.

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193(6) Any question whether—(a) a Commission has validly performed any function
vested in it by or under this Constitution;(b) any member of a Commission or any other person has
validly performed any function delegated to such member or
person by a Commission in pursuance of the provisions of thisConstitution; or(c) any member of a Commission or any other person has
validly performed any other function in relation to the work of
the Commission or in relation to any such function as isreferred to in the preceding subparagraph,shall not be enquired into in any court.
(7) In this article, except as otherwise provided or required by thecontext, the expression “Commission” means the Elections
Commission, the Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission, or the Police Service
Commission:
Provided that (without prejudice to the power of Parliament to makeprovision in relation to the functions of the Elections Commission) in thepreceding paragraph that expression does not include the Elections
Commission.
228. Notwithstanding any provision of this Constitution relating to themaking of appointments to, removal of persons from, or the vacation of,
any office, Parliament may provide for the imposition of disqualification
for any office prescribed by Parliament on any person convicted by acourt of an offence relating to excitement of hostility or ill-will against
any person or class of persons on the grounds of his or their race.

Disqualification for officeof persons
exciting racialhostility

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TITLE 10INTERPRETATION

Appointments

229. (1) Where any person has vacated any office established by thisConstitution (including any office established under article 100, 124 or125) he may, if qualified, again be appointed, elected or otherwise
selected to hold that office in accordance with the provisions of thisConstitution.
(2) Where by this Constitution a power is conferred upon any
person or authority to make any appointment to any public office, aperson may be appointed to that office notwithstanding that some otherperson may be holding that office, when that other person is on leave ofabsence pending relinquishment of the office; and where two or more
persons are holding the same office by reason of an appointment madein pursuance of this paragraph, then for the purposes of any function
conferred upon the holder of that office the person last appointed shallbe deemed to be the sole holder of the office.
(3) The preceding paragraph shall have effect in relation to theoffice of any Judge of the Supreme Court of Judicature or the Clerk or
Deputy Clerk of the National Assembly as if that office were a public
office.

Regisnations

230. (l) Any person who is appointed or elected to or otherwise
selected for any office established by this Constitution (including any
office established under article 100, 124 or 125) may resign from that
office and, save as otherwise provided by articles 156(1), 157 and
178(1), shall do so by writing under his hand addressed to the person or
authority by whom he was appointed, elected or selected.
(2) The resignation of any person from any such office as
aforesaid signified by writing under his hand shall take effect when thewriting signifying the resignation is received by the person or authority
to whom it is addressed or by any person authorised by that person or
authority to receive it or employed to assist that person in theperformance of the functions of his office.

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195

231. Where by this Constitution a person is required to vacate an
office when he attains an age prescribed by or under the provisions of
this Constitution nothing done by him in the performance of the functionsof that office shall be invalid by reason only that he has attained the age
so prescribed.

Vactions ofoffice on
attaining aprescribed age.

233. (1) In this Constitution, except as otherwise provided or requiredby the context—

Interpretation[17 of 1984
14 of 2000
17 of 2000]“alien” means a person who is not a Commonwealth citizen, a British
protected person or a citizen of the Republic of Ireland;“attorney-at-law” means a person having a general right of audience in
the Supreme Court of Judicature;“Commissioner of Police” means the officer, however styled,commanding the Police Force;“the Commonwealth” means Guyana and any country to which article
47 applies and any dependency of any such country;“court” means any court of law in Guyana;“elected member of the National Assembly” means any person elected
as a member of the National Assembly pursuant to the provisionsof paragraph (2) of article 60 or article 160 (2);“election” means an election of members to serve in the National
Assembly, or other elected body established by or under thisConstitution, as the case may be;“financial year” means any period of twelve months beginning on thefirst day of January in any year or such other date as Parliament
may prescribe;“Guyana” includes, in relation to any period before the day on which thisConstitution commences, or anything done before that day,

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Guyana as it was before that day as well as the former Colony ofBritish Guiana;‘law” includes any instrument having the force of law and any unwritten
rule of law and “lawful” and “lawfully” shall be construed
accordingly;“local democratic organ” means any local government authority;“consultation” or “meaningful consultation” means the person or entity
responsible for seeking consultation shall(a) Identify the persons or entities to be consulted and specify tothem in writing the subject of the consultation and an intended date
for the decision on the subject of consultation;(b) Ensure that each person or entity to be consulted is afforded areasonable opportunity to express a considered opinion on the subjectof the consultation and(c) Cause to be prepared and archived a written record of theconsultation and circulate the decision or entities consulted;“oath” includes affirmation;“oath of office” means, in relation to any office, the oath for the due
execution of that office set out in the Schedule to this Constitution
or such other oath in that behalf as may be prescribed by
Parliament;“Parliament” means the Parliament of Guyana;“the Police Force” means the Police Force established by the Police Act
and includes any other police force establish by or under an Act ofParliament to succeed to or to supplement the functions of that
Force but does not include any police force forming part of any
naval, military or air force or any police force established by any
local democratic organ

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197“public office” means an office of emolument in the public service andfor the avoidance of doubt it is hereby declared that the expression
includes the office of a teacher in the public service and any officein the Police Force;“public officer” means the holder of any public office and includes any
person appointed to act in any such office;“the public service” means, subject to the provisions of paragraph (5),the service of the Government of Guyana in a civil capacity;“regional democratic council” means the local democratic organ for any
region established under article 72;

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Constitution“session” means, in relation to the National Assembly, the sittings of theAssembly, commencing when it first meets after this Consitution
comes into force or after the prorogation or dissolutio of Parliament
at any time and terminating when Parliament is prorogued or isdissolved without having been prorogued;“sitting” means, in relation to the National Assembly is sitting continusly
without adjournment and includes any period during which theAssembly is committee; and;“the State” means the Co-operative Republic of Guyana.
(2) In this Constitution. unless it is otherwise provided or requiredby the context—(a) a reference to power to make appointments to any
office shall be construed as including a reference to power tomake appointments on promotion and transfer and to confirm
appointments and to power to appoint a person to act in or
perform the functions of that office at any time when theoffice is vacant or the holder thereof is unable (whether byreason of absence or infirmity of mind or body or any othercause) to perform the functions of that office; and(b) a reference to the holder of an office by the term
designating his office shall be construed as including areference to any person for the time being lawfully acting inor performing the functions of that office(3) Where by this Constitution any person is directed, or power
is conferred on any person or authority to appoint or elect a person, toperform the functions of an office if the holder thereof is unable toperform those functions, the validity of any performance of thosefunctions by the person so directed or of any appointment or election
made in exercise of that power shall not be called in question in any courton the ground that the holder of the office was not or is not unable toperform the functions of the office.

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199(4) For the purposes of this Constitution, a person shall not be
considered to hold a public office by reason only that he is in receipt ofa pension or other like allowance in respect of public service.
(5) In this Constitution references to the public service shall not
be construed as including service in—(a) the office of President, Minister, Attorney General,
Parliamentary Secretary, Speaker, Deputy Speaker,
Minority Leader, Ombudsman, or member of the National
Assembly(b) the office of a member of any Commission establishedby this Constitution or of the Public Service Appellate
Tribunal;(c) the office of a member of any board, committee or othersimilar body (whether incorporated or not) established by any
law in force in Guyana;(d) the office of any Judge of the Supreme Court of
Judicature or Clerk or Deputy Clerk of the National
Assembly except for the purposes of the next following
paragraph and save as otherwise provided in any otherprovision of this Constitution; or(e) any body of persons organized as a national service
within the meaning of article 154.
(6) References in this Constitution to the power to remove apublic officer from his office shall be construed as including references
to any power conferred by any law to require or permit that officer toretire from the public service:
Provided that —(a) nothing in this paragraph shall be construed asconferring on any person or authority power to require a
Judge of the Supreme Court of Judicature, the Director of
Public Prosecutions, the Commissioner of Police, the Auditor
General or the Clerk or Deputy Clerk of the National
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Cap. 1:01(b) any power conferred by any law to permit a person to
retire from the public service shall, in the case of any public
officer who may be removed from office by some person or
authority other than a Commission established by thisConstitution, vest in the Commission that, if he were to retire,would be the appropriate Commission in relation to him for the
purposes of article 214.
(7) Any provision in this Constitution that vests in any person or [17 of 2000]
authority the power to remove any public officer from his office shall be
without prejudice to the power of any person or authority to abolish that
office or to any law providing for the compulsory retirement of public
officers generally or any class of public officers on attaining an age
specified by or under that law.
(8) Subject to article 227 (6) and article 216 (12), no provision ofthis Constitution that any person or authority shall not be subject to thedirection or control of any other person or authority in the exercise of any
functions shall be construed as precluding a court from exercisingjurisdiction in relation to any question whether that person or authority
has exercised those functions in accordance with this Constitution or any
other law.
(9) The Interpretation and General Clauses Act as in force
immediately before the commencement of this Constitution, shall apply,with the necessary adaptations, for the purpose of interpreting thisConstitution and otherwise in relation thereto as it applied for the purposeof interpreting, and in relation to, any Act in force immediately before
such commencement, and in such application shall have effect as if it
formed part of this Constitution.

__________

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SCHEDULEFORM OF OATH
OATH OF OFFICE

I ........................., do hereby solemnly declare that I will bear true
faith and allegiance to the People of Guyana, that I will faithfully executethe office of ............... ..............without fear or favour, affection or illwill and that in the execution of the functions of that office I will honour,
uphold and preserve the Constitution of the Co-operative Republic of
Guyana.

Second Schedule

Articles 4,5 6 and 6A

1. The National Flag
2. The Coat of Arms
3. The National Anthem
4. The National Pledge

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203

art. 2120(1)Convention on the Rights of the Child
Convention on the Elimination of All Forms ofDiscrimination against Women
Convention on the Elimination of All Forms of Racial
Discrimination
Convention Against Torture and Other Inhuman or
Degrading Treatment or Punishment
Covenant on Economic, Social and Cultural Rights
Covenant on Civil and Political Rights
Inter-American Convention on the Prevention
Punishment and Eradication of Violence against Women.

L.R.O. 3/1998

LAWS OF GUYANA
Constitution

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The Golden Arrowhead
The official heraldic description of the Guyana flag – popularly known as the golden arrowhead – reads asfollows:
Vert on a pile throughout issuant from the asxter or timoriated argent a pile gules timbriated table upon thesame base.
The design and the colour of Guyana Flag are interpreted as follows :The green background symbolises the agricultural and forested nature of Guyana. The white symbolises its
waters and rivers potential. The golden arrow symbolises Guyana’s mineral wealth and its forward thrust.
The black border the endurance that will sustain the golden arrow’s forward thrust into the future. The red
triangle represents the zeal and dynamic nature of the nation building that lies before this young andindependent country.
The Greater King of Arms has described the design as being one of the most significant departures innational flag design in modern times.
The Flag is designed to be of a proportion 3 * 5 on land and 1 * 2 at sea. The colour proportions are green
50” gold 24” white 67” and black 1”

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Constitution

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Guyana Coat-of –Arms

The design of Guyana’s Coat of Arms is interpreted as follows: The Amerindian head-dress symbolises the Amerindians as the indigenous people of the country. The two
diamonds at the sides of the head-dress represent the country’s mining industry. The helmet is themonarchical insignia. The two jaguars holding a pick-axe a sugar cane and a stalk of rice symbolise labour
and the two main agricultural industries of the country sugar and rice. The shield which is decorated with
the national flower, the Victoria Regina Lily, is to protect the nation. The three blue wavy lines represent
the many waters of Guyana. The Canje Pheasant at the bottom of the shield represents a rare bird foundprincipally in this part of the world.

LAWS OF GUYANA

Constitution

GUYANA NATIONAL ANTHEM

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Constitution

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THE NATIONAL PLEDGE
I pledge myself to honour always the flag of Guyana,and to be loyal to my country, to be obedient to thelaws of Guyana, to love my fellow citizens, and to
dedicate my energies towards the happiness andprosperity of Guyana.

Third Schedule

Article 222A
Entities

The Ethnic Relations Commission
The Human Rights Commission
The women and Gender Equality Commission
The Indigenous Peoples’ Commission
The Rights of the Child Commission
The Judiciary
The Office of the Auditor General