Articles

Powers and Procedure of Parliament

53. Qualifications for election as members

Subject to article 155 (which relates to allegiance, insanity, and other matters) a
person shall be qualified for election as a member of the National Assembly if, and
shall not be so qualified unless, he or she-

● is a citizen of Guyana of the age of eighteen years or upwards; and

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

65. Legislative power

● Subject to the provisions of this Constitution, Parliament may make laws for
the peace, order and good government of Guyana.
● The validity of any law made under this Constitution with effect from a date
earlier than the day on which this Constitution commenced shall not be called
in question in any court or tribunal on the ground that it contravenes, or is
inconsistent with, any provision of any constitution which was in force in
Guyana at any time before the day on which this Constitution commenced.

103. Ministers

● The Prime Minister and every other Vice-President shall be a Minister of the
Government of Guyana.
● Subject to the provisions of article 101(1), Vice-Presidents and other Ministers
shall be appointed by the President from among persons who are elected
members of the National Assembly or subject to subparagraph (vii) of
paragraph (3)(a) of article 160 are qualified to be elected as such members.
● Not more than four Ministers and two Parliamentary Secretaries shall be
appointed by the President from among persons who are qualified to be
elected as members of the National Assembly.

121. Prerogative of Mercy

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

● Subject to the provisions of paragraphs (2) and (3), a Bill for an 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 the Assembly.

165. Regulation of procedure - Separation of Powers

● Subject to the provisions of this Constitution, the National Assembly may

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

AG v Alli (1987)
170. Mode of legislation

● Subject to the provisions of article 164, the power of Parliament to make laws
shall be exercised by Bills passed by the National Assembly and assented to
by the President.
● When a Bill is presented to the President for assent, he or she shall signify
that he or she assents or that he or she withholds assent.
● Where the President withholds his or her assent to a Bill, he or she shall
return it to the Speaker within twenty-one days of the date when it was
presented to him or her for assent with a message stating the reasons why he
or she has withheld his or her assent.
● Where a Bill is so returned to the Speaker it shall not again be presented to
the President for assent unless within six months of the Bill being so returned
upon a motion supported by the votes of not less than two-thirds of all the
elected members of the National Assembly the Assembly resolves that the Bill
be again presented for assent.
● Where the National Assembly so resolves that a Bill be again presented for
assent, the Bill shall be so presented and the President shall assent to it
within ninety days of its presentation.
● A Bill shall not become law unless it has been duly passed and assented to in
accordance with this Constitution.

HOW TO REMOVE THE PRESIDENT

106. The Cabinet - Vote of low confidence to vote the President out

● There shall be a Cabinet for Guyana, which shall consist of the President, the
Prime Minister, the Vice-Presidents, and such other Ministers as may be
appointed to it by the President.
 ● The Cabinet shall aid and advise the President in the general direction and
control of the Government of Guyana and shall be collectively responsible
therefor to Parliament.
● Cabinet Meetings shall be presided over by-
● the President;
● in the absence of the President, the Prime Minister; or
● in the absence of the President and the Prime Minister, such Minister
as the President may designate.

93. Removal of President on grounds of incapacity

The President may be removed from office if he or she becomes physically or

mentally incapable of discharging the functions of his or her office. The procedure for
removing him or her and for ensuring the continued discharge of the functions of his
or her office is prescribed by article 179.
94. Removal of President for violation of Constitution or gross misconduct

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

Kila Wari and Seven Others v Gabriel Ramoi and Sir Kingsford Dibela
[1986]
AG v Ryan (1980)
95. Vacancy in office of President - Allows Minister to act in place of President

● During any period when the office of President is vacant the office shall be
assumed by-
● the Prime Minister:
Provided that if the vacancy occurs while the Prime Minister is absent
from Guyana or while he or she is by reason of physical or mental
infirmity unable to perform the functions of his or her office, the
functions of the office of President shall, until the Prime Minister returns
or until he or she is again able to perform the functions of his or her
office, as the case may be, be discharged by such other Minister, being
an elected member of the National Assembly, as the Cabinet shall
elect; or
● if there is no Prime Minister, by such Minister, being an elected
member of the National Assembly, as the Cabinet shall elect; or
● if there is no Prime Minister and no Cabinet, by the Chancellor.
● Any Minister performing the functions of the office of President by virtue of the
proviso to paragraph (1)(a) shall cease to perform those functions if he or she
is notified by the Prime Minister that the Prime Minister is about to assume the
office of President.
 ● An assumption of the office of President under this article shall terminate, if it
has not previously terminated, when a person who has been elected to the
office in accordance with the provisions of article 177 assumes the office.

The Judiciary

The main function of the judiciary is to interpret and apply laws. It serves as a system
of courts to handle legal disputes, maintain law and order, protect rights and liberties,
and ensure justice is served.

Marbury v Madison (1803)

9. Sovereignty belongs to the people

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

122A. Independent Judiciary

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

Independent Jamaica Council v AG

The Ombudsman

192. Matters subject to investigation by the Ombudsman

● Subject to the provisions of this article, the Ombudsman may investigate any
action taken by any department of Government or by any other authority to
which this article applies, or by the President, Ministers, officers or members
of such a department or authority, being action taken in exercise of the
administrative functions of that department or authority.
● The Ombudsman may investigate any such action as aforesaid in any of the
following circumstances, that is to say-
 ● if a complaint in respect of the action is duly made to the Ombudsman
by any person or body of persons, whether incorporated or not alleging
that the complainant has sustained injustice in consequence of a fault
in administration;
● 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 the request has or may have
sustained such injustice;
● in any other circumstances in which the Ombudsman considers that he
or she ought to investigate the action on the ground that some person
or body of persons has or may have sustained such injustice.
● The Ombudsman shall not investigate under this Subtitle-
● any action in respect of which the complainant has or had-
● a remedy by way of proceedings in a court; or
● a right of appeal, reference or review to or before an
independent and impartial tribunal other than a court; or
● any such action, or action taken with respect to any such matter, as is
excluded from investigation under article 193:
Provided that the Ombudsman-
● may conduct an investigation notwithstanding that the
complainant has or had a remedy by way of proceedings in a
court if satisfied that in the particular circumstances it is not
reasonable to expect him or her to take or to have taken such
proceedings;
● 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 for contraventions
of provisions for the protection of fundamental rights and
freedoms).
● In determining whether to initiate, continue or discontinue an investigation
under this Subtitle the Ombudsman shall, subject to the foregoing provisions
of this article, act in accordance with his or her individual judgment and in
particular, and without prejudice to the generality of the foregoing, he or she
may refuse to initiate, or may discontinue, any investigation if it appears to
him or her that-
● the complaint relates to action of which the complainant has had
knowledge for more than twelve months before the complaint was
received by the Ombudsman;
● the subject matter of the complaint is trivial;
● the complaint is frivolous or vexatious or is not made in good faith; or
● the complainant has not a sufficient interest in the subject matter of the
complaint.
● The authorities other than departments of Government to which this article
applies are-
● any authority empowered to determine the person with whom any
contract or class of contracts shall be entered into by or on behalf of
the Government of Guyana; and
● such other authorities as may be prescribed by Parliament.
 ● 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.
● For the purposes of paragraph (2)(a) a complaint may be made by a person
aggrieved himself or herself or, if he or she is dead or for any reason unable
to act for himself or herself, by any person duly authorised to represent him or
her.
● Any question whether a complaint or a request for an investigation is duly
made under this Subtitle or any law enacted in pursuance of article 195 shall
be determined by the Ombudsman.
● Where a complaint or request for an investigation is duly made as aforesaid
and the Ombudsman decides not to investigate the action to which the
complaint or request relates or to discontinue an investigation of that action,
he or she shall inform the person or body of persons who made the complaint
or request of his or her decision.
● In this article and in article 193 "action" includes failure to act and "action
taken" shall be construed accordingly.

194. Ombudsman's functions on concluding an investigation, and reports to the Assembly

● After conducting an investigation under this Subtitle the Ombudsman shall

inform the department or authority concerned of the result of that investigation
and, if he or she is of the opinion that any person or body of persons has
sustained injustice in consequence of a fault in administration, he or she shall
inform that department or authority of the reasons for that opinion and may
make such recommendations for action by that department or authority as he
or she thinks fit.
● After conducting an investigation under this Subtitle in pursuance of a
complaint or a request for an investigation made by the President, a Minister
or a member of the National Assembly the Ombudsman shall-
● if he or she is of the opinion that the complainant or, in the case of an
investigation conducted in pursuance of such a request, the person or
body of persons specified in the request has sustained injustice in
consequence of a fault in administration, inform the person or body of
persons who made the complaint or request that he or she is of that
opinion and the nature of the injustice that he or she considers has
been sustained;
● if he or she is of the opinion that the complainant or, in the case of an
investigation conducted in pursuance of such a request, the person or
body of persons specified in the request has not sustained injustice,
inform the person or body of persons who made the complaint or
request that he or she is of that opinion and the reason therefor.
● Where the Ombudsman has made a recommendation under paragraph (1)
and within a reasonable time thereafter no action has been taken which
appears to the Ombudsman adequately to remedy the injustice, he or she
may lay before the Assembly a special report on the case.
● The Ombudsman shall annually lay before the Assembly a general report on
the performance of his or her functions under this Subtitle.