Guyana 1980 (rev. 2016)

1. The State in transition to socialism

2. The territory

3. The capital

4. The flag

5. The coat of arms

6. The anthem

6A. The pledge

7. Duty to respect national symbols

8. Supremacy of Constitution

9. Sovereignty belongs to the people

10. Political parties

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 [Repealed by Act No. 10 of 2003]

12. Local government

13. Objective of political system

14. Goal of economic development

15. Further goal of economic development

16. State to foster forms of development

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

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

23. Right to leisure

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

25. Duty to improve environment

26. Right to housing

27. Right to education

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

28. Youth

29. Women's participation in public decision-making

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 [Repealed by Act No. 10 of 2003]

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. Land and the environment

37. External relations

38. National co-operation for development of economy

38A. Democratic state with a healthy economy

38B. The best interest of the child

38C. Adoption in best interest of the child

38D. Child's right to maintenance and accommodation

38E. Formal education compulsory

38F. Vilification of religion

38G. Public service to be free from political influence

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

39. Guiding principles and objectives

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

40. Fundamental rights and freedoms of the individual

1. Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, ignorance and want. That right includes the fundamental rights and freedoms of the individual.
2. The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

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

42. Persons entitled to be registered as citizens

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

   shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath of allegiance, to be registered as a citizen of Guyana:

   Provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

2. Any application for registration under this article shall be made in such manner as may be prescribed.

43. Persons born in Guyana after commencement of Constitution

44. Persons born outside Guyana after commencement of Constitution

45. Marriage to citizen of Guyana

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

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

47. Commonwealth citizens

1. Every person who under this Constitution or any Act of Parliament is a citizen of Guyana or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.
3. The countries to which this article applies are Antigua and Barbuda, Australia, the Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Nauru, New Zealand and Island Territories and Self-Governing Countries in free Association with New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom and Colonies, Vanuatu, Western Samoa, Zambia and Zimbabwe.
4. Head of state powers, Constitution amendment procedure
   The President may from time to time by order subject to affirmative resolution of the National Assembly amend paragraph (3) by adding any country thereto or by deleting any country therefrom.

48. Powers of Parliament

49. Interpretation

1. In this Chapter "prescribed" means prescribed by or under any Act of Parliament.
2. For the purposes of this Chapter, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
3. Any reference in this Chapter to the national status of the father or mother of a person at the time of that person's birth shall, in relation to a person born after the death of either parent, be construed as a reference to the national status of the deceased parent at the time of that parent's death; and where that death occurred before the date of commencement of this Constitution, and the birth occurred on or after that date, the national status which that parent would have had if he or she had died on that date, shall be deemed to be his or her national status at the time of death.

50. Supreme organs of democratic power

Composition of Parliament

Elections

Powers and Procedure of Parliament

Summoning Prorogation and Dissolution

Local Democratic Organs

89. Establishment of office of President

90. Qualifications for election

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

   shall be disregarded.

91. Election of President

92. Tenure of office of President

93. Removal of President on grounds of incapacity

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

95. Vacancy in office of President

1. During any period when the office of President is vacant the office shall be assumed by-
   1. Head of government powers
      the Prime Minister:

      Provided that if the vacancy occurs while the Prime Minister is absent from Guyana or while he or she is by reason of physical or mental infirmity unable to perform the functions of his or her office, the functions of the office of President shall, until the Prime Minister returns or until he or she is again able to perform the functions of his or her office, as the case may be, be discharged by such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or

   2. if there is no Prime Minister, by such Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
   3. if there is no Prime Minister and no Cabinet, by the Chancellor.
2. Any Minister performing the functions of the office of President by virtue of the proviso to paragraph (1)(a) shall cease to perform those functions if he or she is notified by the Prime Minister that the Prime Minister is about to assume the office of President.
3. An assumption of the office of President under this article shall terminate, if it has not previously terminated, when a person who has been elected to the office in accordance with the provisions of article 177 assumes the office.

96. Discharge of functions of President during absence, illness, etc

1. Whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he or she may, by direction in writing, authorise any member of the Cabinet, being an elected member of the National Assembly, to perform such of the functions of the office of President as he or she may specify and the person so authorised shall perform those functions until his or her authority is revoked by the President or until the functions are resumed by the President.
2. If the President is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the President is unable to authorise another person under this article to perform those functions-
   1. Head of government powers
      the Prime Minister; or
   2. during any period when there is no Prime Minister or the Prime Minister is absent from Guyana or is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
   3. if there is no Prime Minister and no Cabinet, the Chancellor,

   shall perform the functions of the office of President:

   Provided that any person performing the functions of the office of President under this paragraph shall not dissolve Parliament nor, save on the advice of the Cabinet, revoke any appointment made by the President.

3. Any person performing the functions of the office of President by virtue of paragraph (2) shall cease to perform those functions if he or she is notified by the President that the President is about to resume those functions.

97. Oath to be taken by President

1. A person elected as President shall assume the office of President upon being elected but shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the Chancellor or such other Judge of the Supreme Court of Judicature as may be designated by the Chancellor.
2. The provisions of the foregoing paragraph shall apply to any person assuming the office of President or performing the functions thereof under article 95, 96 or 179, as the case may be, as they apply to a person elected as President.

98. Remuneration, etc., of President

99. Executive authority of Guyana

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 or her either directly or through officers subordinate to him or her.
2. Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other than the President.

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

101. The Prime Minister

1. Eligibility for head of government, Head of government's role in the legislature, Head of government selection, Minimum age of head of government
   The President shall appoint an elected member of the National Assembly to be Prime Minister of Guyana:

   Provided that a person who is not eligible to be elected as President shall not be eligible for appointment as Prime Minister.

2. Name/structure of executive(s)
   The Prime Minister shall be the principal assistant of the President in the discharge of his or her executive functions and leader of Government business in the National Assembly.

102. Vice-Presidents

1. The President may appoint Vice-Presidents for the purpose of assisting him or her in the discharge of his or her functions.
2. If he or she is not otherwise the holder of an office of Vice-President, the person holding the office of Prime Minister shall, by virtue of holding that office, be a Vice-President, and he or she shall have precedence over any other Vice-President.

103. Ministers

1. The Prime Minister and every other Vice-President shall be a Minister of the Government of Guyana.
2. Deputy executive, Eligibility for cabinet
   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.
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 members of the National Assembly.

104. Ministerial appointments during dissolution

105. Non-elected Ministers to sit in Assembly

106. The Cabinet

1. Cabinet selection
   There shall be a Cabinet for Guyana, which shall consist of the President, the Prime Minister, the Vice-Presidents, and such other Ministers as may be appointed to it by the President.
2. Powers of cabinet, Cabinet removal
   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-
   1. the President;
   2. in the absence of the President, the Prime Minister; or
   3. in the absence of the President and the Prime Minister, such Minister as the President may designate.
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 or she were a member.
6. Head of government removal, Head of state removal, Cabinet removal
   The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.
7. Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.

107. Allocation of portfolios

108. Tenure of office of Ministers

109. Minister's absence or illness

110. Leader of the Opposition

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 therewith are regulated by article 184.

111. Exercise of President's powers

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

112. Attorney General

1. There shall be an Attorney General of Guyana who shall be the principal legal adviser to the Government of Guyana and who shall be appointed by the President.
2. Qualifications for appointment to the office of Attorney General and other matters connected therewith are regulated by article 185.

113. Parliamentary Secretaries

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

114. Oaths of Ministers, etc

115. Permanent Secretaries

116. Director of Public Prosecutions

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

117. Secretary to the Cabinet

1. There shall be a Secretary to the Cabinet whose office shall be a public office.
2. The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible in accordance with such instructions as may be given him or her by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the President may direct.

118. Sub-committees of Cabinet

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 with responsibility for supervising the financial affairs of the State and for instituting, monitoring and enforcing systems of financial control and discipline throughout the service of both central and local government, including the service of corporations, boards and agencies established by the Government.

119. Standing Committees

119A. Parliamentary Standing Committee for Constitutional Reform

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

119B. Parliamentary Sectoral Committees

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

119C. Standing committee to address matters relating to appointment

119D. Parliamentary Oversight Committee on the Security Sector

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

120. Constitution of offices

121. Prerogative of Mercy

122. Ombudsman

1. There shall be an Ombudsman for Guyana.
2. All matters relating to the appointment and functions of the Ombudsman and other matters connected therewith are regulated by articles 191 to 196 (inclusive).

The Supreme Court of Judicature

Judges of the Supreme Court of Judicature

Appeals

134. The Judicial Service Commission

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. The Public Service Commission

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).

136. The Teaching Service Commission

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

137. The Police Service Commission

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.

138. Protection of right to life

1. No person shall be deprived of his or her life intentionally save in execution of the sentence of a court in respect of an offence under the law of Guyana of which he or she has been convicted.
2. Privileges for juveniles in criminal process, Rights of children, Prohibition of capital punishment
   No person who was under the age of eighteen years at the time when he or she committed an offence, for which that person has pleaded or was found guilty, shall be subject to capital punishment for the commission of that offence.
3. 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 his or her life in contravention of this article if he or she dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case-
   1. for the defence of any person from violence or for the defence of property;
   2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
   3. for the purpose of suppressing a riot, insurrection or mutiny; or
   4. in order to prevent the commission by that person of a criminal offence,

   or if he or she dies as the result of a lawful act of war.

139. Protection of right to personal liberty

1. No person shall be deprived of his or her personal liberty save as may be authorised by law in any of the following cases, that is to say-
   1. 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 or she has been convicted;
   2. in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament punishing him or her for contempt of any such court or of another court or tribunal;
   3. in execution of the order of a court made to secure the fulfilment of an obligation imposed on him or her by law;
   4. for the purpose of bringing him or her before a court in execution of the order of a court;
   5. upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law of Guyana;
   6. in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her education or welfare;
   7. for the purpose of preventing the spread of an infectious or contagious disease;
   8. Drugs, alcohol, and illegal substances
      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 or her care or treatment or the protection of the community;
   9. Power to deport citizens, Extradition procedure, Restrictions on entry or exit
      for the purpose of preventing the unlawful entry of that person into Guyana, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Guyana or for the purpose of restricting that person while he or she is being conveyed through Guyana in the course of his or her extradition or removal as a convicted prisoner from one country to another;
   10. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Guyana or prohibiting him or her from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he or she is permitted to make to any part of Guyana in which, in consequence of any such order, his or her presence would otherwise be unlawful;
   11. subject to the provisions of the next following paragraph, for the purposes of his or her preventive detention;
   12. for the purpose of his or her being called up for national service.

2

1. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless a tribunal established for the purposes of this paragraph has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention.
2. The references in subparagraph (a) to a period of three months include references to any lesser periods that amount in the aggregate to three months:

   Provided that no two such lesser periods shall be aggregated for this purpose if the period between the expiration of the first and the commencement of the second is more than one month.

3. A person who has been detained by virtue of the provisions of any law providing for preventive detention and who has been released from detention in consequence of a report of a tribunal established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his or her detention shall not be again detained by virtue of such provisions within the period of six months from his or her release on the same grounds as he or she was originally detained.
4. For the purposes of subparagraph (c) a person shall be deemed to have been detained on the same grounds as he or she was originally detained unless a tribunal established as aforesaid has reported that, in its opinion, there appear, prima facie, to be new and reasonable grounds for the detention (but the giving of any such report shall be without prejudice to the provisions of subparagraph (a)).
5. A tribunal established for the purposes of this paragraph shall be established by law and shall consist of persons who are Judges of the Supreme Court of Judicature or who are qualified to be appointed as Puisne Judges of the High Court.
2. Trial in native language of accused, Right to counsel
   Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he or she understands, of the reasons for his or her arrest or detention and shall be permitted, at his or her own expense, to retain and instruct without delay a legal adviser of his or her own choice, being a person entitled to practise in Guyana as an attorney-at-law, and to hold communication with him or her.
3. Right to pre-trial release, Protection from unjustified restraint
   Any person who is arrested or detained-
   1. for the purpose of bringing him or her before a court in execution of the order of a court; or
   2. upon reasonable suspicion of his or her having committed or being about to commit a criminal offence,

   and who is not released, shall be brought before a court within seventy-two hours of arrest or detention, but the police may apply to the High Court for extensions of time; and if any person arrested or detained upon reasonable suspicion of his or her 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 or her, he or she shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial.

4. Protection from false imprisonment
   Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
5. 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 or she or she shall be permitted to retain and instruct a legal adviser and to hold communication with him or her.

140. Protection from slavery and forced labour

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-
   1. any labour required in consequence of the sentence or order of a court;
   2. any labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained;
   3. Right to conscientious objection
      any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or
   4. any labour required during any period when Guyana is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

141. Protection from inhuman treatment

1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infliction of any punishment or the administration of any treatment that was lawful in Guyana immediately before the commencement of this Constitution.

142. Protection from deprivation of property

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 a written law and where provision applying to that taking of possession or acquisition is made by a written law requiring the prompt payment of adequate compensation.
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-
   1. to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
      1. in satisfaction of any tax, duty, rate, cess or other impost;
      2. 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;
      3. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or licence;
      4. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
      5. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
      6. in consequence of any law with respect to the limitation of actions;
      7. Protection of environment
         for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement;
      8. which is not beneficially occupied or which, if it is beneficially occupied, is not so occupied by the holder of the title to the land or by any member of his or her family; or
      9. in consequence of any law requiring an employer to remunerate his or her employee during any period of compulsory national service which the employee has undertaken; or
   2. to the extent that the law in question makes provision for the taking of possession or acquisition of-
      1. 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 under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Amerindian community;
      2. enemy property;
      3. property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
      4. 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 other persons entitled to the beneficial interest in the property;
      5. 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 a court, for the purpose of giving effect to the trust; or
      6. property to be used by the State for the purpose of providing, maintaining and managing any place of education, where the property was being used as a place of education at any time during 1976 and prior to the coming into operation of the law in question.
3. Nothing in this article shall be construed as affecting the making or operation of any law-
   1. so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property;
   2. so far as it provides for the making of contributions compulsorily by workers to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependants of any of them;
   3. 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 than the day fixed for the coming into operation of this Constitution; or
   4. 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, where that property, interest or right is held by a body corporate established directly by law for public purposes in which moneys provided by Parliament or by any Legislature previously established for the territory of Guyana have been invested.
4. In paragraph (3)(iia)-
   1. "regulation" includes fixation, stabilisation, freezing or reduction;
   2. "wages" includes merit increment or other increment in wages.

143. Protection against arbitrary search or entry

1. Except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the entry by others on his or her premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
   1. 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 other property in such manner as to promote the public benefit;
   2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
   3. that authorises an officer or agent of the Government of Guyana, or of a local democratic organ or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, local democratic organ or body corporate, as the case may be, or for the purpose of obtaining or verifying information required for compiling national statistics or required for the purposes of planning, management and development of the national economy; or
   4. 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. Provisions to secure protection of law

1. Right to speedy trial, Right to fair trial, Judicial independence
   If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
2. It shall be the duty of a court to ascertain the truth in every case provided that every person who is charged with a criminal offence-
   1. Presumption of innocence in trials
      shall be presumed to be innocent until he or she is proved or has pleaded guilty;
   2. Trial in native language of accused
      shall be informed as soon as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged;
   3. shall be given adequate time and facilities for the preparation of his or her defence;
   4. Right to counsel
      shall be permitted to defend himself or herself before the court in person or by a legal representative of his or her own choice;
   5. Right to examine evidence/witnesses
      shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
   6. Trial in native language of accused
      shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge,

   and, except with his or her consent, the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence or he or she fails without reasonable excuse (the proof whereof shall lie on him or her) to attend court.

3. When a person is tried for any criminal offence, the accused person or any person authorised by him or her in that behalf shall, if he or she so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. Principle of no punishment without law, Protection from ex post facto laws
   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. Prohibition of double jeopardy
   No person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.
6. No person shall be tried for a criminal offence if he or she shows that he or she has been granted a pardon for that offence.
7. Protection from self-incrimination
   No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
8. Right to speedy trial, Judicial independence, Right to fair trial
   Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other tribunal, the case shall be given a fair hearing within a reasonable time.
9. Right to public trial
   Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.
10. Nothing in the preceding paragraph shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal-
    1. Privileges for juveniles in criminal process
       may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
    2. may by law be empowered or required so to do in the interests 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-
    1. paragraph (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
    2. paragraph (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
    3. paragraph (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him or her shall, in sentencing him or her to any punishment, take into account any punishment awarded him or her under that disciplinary law.
12. In the case of any person who is held in lawful detention, the provisions of paragraph (1), paragraph (2)(d) and (e) and paragraph (3) shall not apply in relation to his or her trial for a criminal offence under the law regulating the discipline of persons held in such detention.
13. Right to counsel, Right to fair trial
    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 to make 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.

145. Protection of freedom of conscience

1. Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.
2. No religious community shall be prevented from providing religious instruction for persons of that community.
3. Except with his or her own consent (or, if he or she is a person who has not attained the age of eighteen years, the consent of his or her guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his or her own.
4. No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
   1. which is reasonably required-
      1. in the interests of defence, public safety, public order, public morality or public health; or
      2. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or
   2. with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.
6. References in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

146. Protection of freedom of expression

1. Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his or her correspondence.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
   1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
   2. Television, Radio, Telecommunications, Right to protect one's reputation
      that is reasonably required for the purpose of protecting the reputations, rights, and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television, or ensuring fairness and balance in the dissemination of information to the public; or
   3. that imposes restrictions upon public officers or officers of any corporate body established on behalf of the public or owned by or on behalf of the Government of Guyana.
   4. 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 hate speeches or other expressions, in whatever form, capable of exciting hostility or ill-will against any person or class of persons.

147. Protection of freedom of assembly, association and demonstration

1. Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly, association and freedom to demonstrate peacefully, that is to say, his or her right to assemble freely, to demonstrate peacefully and to associate with other persons and in particular to form or belong to political parties, trade unions or other associations for the protection of his or her interests.
2. Right to strike
   Except with his or her own consent no person shall be hindered in the enjoyment of his or her freedom to strike.
3. Neither an employer nor a trade union shall be deprived of the right to enter into collective
4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
   1. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
   2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
   3. that imposes restrictions upon public officers; or
   4. that imposes an obligation on workers to become contributors to any industrial scheme or workers' organisation intended to operate or provide for the benefit or welfare of such workers or of their fellow workers or of any relative and dependant of any of them.

148. Protection of freedom of movement

1. Power to deport citizens
   No person shall be deprived of his or her freedom of movement, that is to say, the right to move freely throughout Guyana, the right to reside in any part of Guyana, the right to enter Guyana, the right to leave Guyana and immunity from expulsion from Guyana.
2. Any restriction on a person's freedom of movement that is involved in his or her lawful detention shall not be held to be inconsistent with or in contravention of this article.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
   1. for the imposition of restrictions on the movement or residence within Guyana of any person or on any person's right to leave Guyana that are reasonably required in the interests of defence, public safety or public order or for the purpose of preventing the subversion of democratic institutions in Guyana;
   2. for the imposition of restrictions on the movement or residence within Guyana or on the right to leave Guyana of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health or for the purpose of preventing the subversion of democratic institutions in Guyana;
   3. for the imposition of restrictions on the acquisition or use of land or other property in Guyana;
   4. 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 consequence of his or her having been found guilty of a criminal offence under the law of Guyana or for the purpose of ensuring that he or she appears before a court at a later date for trial for such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from Guyana;
   5. for the imposition of restrictions on the freedom of movement of persons who are not citizens of Guyana;
   6. for the imposition of restrictions upon the movement or residence within Guyana or on the right to leave Guyana of public officers;
   7. Extradition procedure
      for the removal of persons from Guyana-
      1. to be tried or punished in some other country for a criminal offence under the law of that country; or
      2. 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 or she has been convicted; or
      3. to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of Guyana relating to the treatment of offenders under a specified age; or
      4. to be detained for care or treatment in a hospital or other institution in pursuance of a law of Guyana relating to persons suffering from defect or disease of the mind; or
   8. 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).

149. Protection from discrimination on the grounds of race, etc

1. Subject to the provisions of this article-
   1. no law shall make any provision that is discriminatory either of itself or in its effect; and
   2. no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
2. In this article the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their or their parents' or guardians' respective descriptions by race, place of ori6gin, political opinions, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
3. Paragraph (1)(a) shall not apply to any law so far as that law makes provision-
   1. with respect to persons who are not citizens of Guyana;
   2. Right to transfer property
      with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
   3. whereby persons of any such description as is mentioned in the preceding paragraph may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable.
4. Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to a person's or his or her parents' or guardians' respective description by race, place of origin, political opinions, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture) 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 or of a local democratic organ or of a body corporate established by any law for public purposes.
5. Paragraph (1)(b) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in either of the two preceding paragraphs.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
   1. whereby persons of any such description as is mentioned in paragraph (2) may be subjected to any restriction on the rights and freedoms guaranteed by articles 143, 145, 146, 147 and 148, being such a restriction as is authorised by article 143(2), article 145(5), article 146(2), article 147(2), or article 148(3), other than subparagraph (c) thereof, as the case may be;
   2. for the appropriation of revenue or other funds of Guyana; or
   3. Provisions for wealth redistribution
      for the protection, well-being or advancement of the Amerindians of Guyana.
7. Paragraph (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

149A. Right to work

149B. Right to pension and gratuity

149C. Right to participate in decision-making processes of the State

149D. Equality of persons before the law

1. The State shall not deny to any person equality before the law or equal protection and benefit of the law.
2. State support for the disabled, Provisions for wealth redistribution
   The State shall, for the purpose of promoting equality, take legislative and other measures designed to protect disadvantaged persons and persons with disabilities.
3. Equality includes the full and equal enjoyment of all rights and freedoms guaranteed by or under this Constitution or any other law.

149E. Equality of status

1. All persons, whether born in or out of wedlock, and whether born prior to the enactment of this article or not, are born equal, have equal status and are entitled to equal rights.
2. Nothing contained in paragraph (1) shall be taken to affect vested rights.

149F. Equality for Women

1. Every woman is entitled to equal rights and status with men in all spheres of political, economic and social life. All forms of discrimination against women on the basis of gender or sex are illegal.
2. Every woman is entitled to equal access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion and in social, political and cultural activity.

149G. Indigenous peoples' right

149H. Right to free education

1. Every child is entitled to free primary and secondary education in schools owned or funded by the State.
2. The right conferred in paragraph (1) does not imply a right to free education at a specific school.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of paragraph (1) to the extent that the law in question makes provision for standards or qualifications, not being standards or qualifications which are discriminatory within the meaning of article 149(2), to be required for admission to a specific school.

149I. Right to establish private schools

149J. The environment

1. Everyone has the right to an environment that is not harmful to his or her health or well-being.
2. The State shall protect the environment, for the benefit of present and future generations, through reasonable legislative and other measures designed to-
   1. prevent pollution and ecological degradation;
   2. promote conservation; and
   3. secure sustainable development and use of natural resources while promoting justifiable economic and social development.
3. It shall not be an infringement of a person's rights under paragraph (1) if, by reason only of an allergic condition or other peculiarity, the environment is harmful to that person's health or well-being.

150. Provisions for time of war or emergency

1. This article applies to any period when-
   1. Guyana is at war; or
   2. 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
   3. 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 by subversion.
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 this article applies provision, or authorises the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.

3

1. Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before the National Assembly, and if, by reason of its adjournment or the prorogation of Parliament, the Assembly is not due to meet within five days the President shall, by proclamation, summon the Assembly to meet within five days, and the Assembly shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or Parliament had stood prorogued to that day.
2. A proclamation of emergency shall, unless it is sooner revoked by the President, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under the next following subparagraph, but without prejudice to the making of another proclamation of emergency at or before the end of that period.
3. If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this subparagraph) a resolution is passed by the Assembly approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.
3. 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 Assembly in the manner prescribed by that paragraph at or before the end of that period.

151. Reference to tribunal in certain cases

1. Where any person is lawfully detained by virtue of such a provision as is referred to in article 150(2), or the movement or residence within Guyana of any person or any person's right to leave Guyana is (otherwise than by order of a court) lawfully restricted by virtue of such a provision as aforesaid, his or her 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 or her case was last reviewed as aforesaid.
2. On any review by a tribunal in pursuance of the preceding paragraph of the case of any person the tribunal may make recommendations concerning the necessity or expedience of continuing the detention or restriction to the authority by whom it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendation.
3. A tribunal established for the purpose of this article shall be so established by law and constituted in such manner as to secure 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.

152. Saving of existing laws and disciplinary laws

1. Except in proceedings commenced before the expiration of a period of six months from the commencement of this Constitution, with respect to a law made under the Guyana Independence Order 1966 and the Constitution annexed thereto, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of articles 138 to 149 (inclusive) to the extent that the law in question-
   1. 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;
   2. repeals and re-enacts an existing law without alteration; or
   3. alters an existing law and does not thereby render that law inconsistent with any provision of the said articles 138 to 149 in a manner in which, or to an extent to which, it was not previously so inconsistent.
2. In subparagraph (c) of the preceding paragraph the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in the preceding paragraph "written law" includes any instrument having the force of law and in this and the preceding paragraph references to the repeal and re-enactment of an existing law shall be construed accordingly.
3. In relation to any person who is a member of a disciplined force raised under a law in force in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title, other than articles 138, 140 and 141.
4. In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title.

153. Enforcement of protective provisions

1. Subject to the provisions of paragraph (6), if any person, including a person acting on behalf of another who is not acting in his or her own name, or a person acting on behalf of a group or an association acting on behalf of its members, alleges that any of the provisions of articles 138 to 151 (inclusive) has been, is being or is likely to be contravened in relation to him or 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 with respect 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-
   1. to hear and determine any application made by any person in pursuance of the preceding paragraph;
   2. to determine any question arising in the case of any person which is referred to it in pursuance of the next following paragraph,

   and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of articles 138 to 151 (inclusive).

3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of articles 138 to 151 (inclusive), the person presiding in that court shall refer the question to the High Court unless, in his or her opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of paragraph (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or if that decision is the subject of an appeal under this Constitution to the Court of Appeal, in accordance with the decision of the Court of Appeal.
5. Parliament may confer upon the High Court such powers in addition to those conferred by this article as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this article.
6. Parliament may make provision with respect to the practice and procedure-
   1. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this article;
   2. 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;
   3. of subordinate courts in relation to references to the High 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.

154. Interpretation

154A. Human rights of the individual

1. International law
   Subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of Government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed.
2. The rights referred to in paragraph (1) do not include any fundamental right under this Constitution.
3. The State shall, having regard to the socio-cultural level of development of the society, take reasonable legislative and other measures within its available resources to achieve the progressive realisation of the rights provided for in paragraph (1).
4. Human rights commission
   If any person alleges that any of the rights referred to in paragraph (1), has been, is being or is about to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Human Rights Commission in such manner as the Commission may prescribe, for redress.
5. Nothing contained in this article shall be construed so as to abrogate any human right, not enumerated herein, which a person had at the time of the commencement of this Article.
6. International law
   The State may divest itself or otherwise limit the extent of its obligation under any of the treaties listed in the Fourth Schedule, provided that two-thirds of the elected members of the National Assembly have voted in favour of such divestment or limitation.

155. Disqualifications for election as members

1. No person shall be qualified for election as a member of the National Assembly who-
   1. is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
   2. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Guyana;
   3. is under sentence of death imposed on him or her by a court, or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him or her by a court or substituted by competent authority for some other sentence imposed on him or her by a court, or is under such a sentence of imprisonment the execution of which has been suspended; or
   4. Outside professions of legislators
      holds or is acting in the office of any Judge of the Supreme Court of Judicature, a member of the Public Service Appellate Tribunal, the Elections Commission, the Judicial Service Commission, the Public Service Commission, the Teaching Service Commission or the Police Service Commission, the Director of Public Prosecutions, the Ombudsman or the Auditor General.
2. [Repealed by Act No. 14 of 2000]
3. [Repealed by Act No. 14 of 2000]
4. [Repealed by Act No. 14 of 2000]
5. [Repealed by Act No. 14 of 2000]
6. Outside professions of legislators
   Without prejudice to the provisions of paragraph (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, that is to say-
   1. if he or she holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election;
   2. subject to any exceptions and limitations prescribed by Parliament, if he or she has any such interest in any such Government contract, as may be so prescribed;
   3. subject as aforesaid, if-
      1. he or she 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;
      2. Restrictions on the armed forces
         he or she belongs to any armed force of Guyana or to any class of persons that is comprised in any such force; or
      3. he or she belongs to any police force of Guyana or to any class of persons that is comprised in any such force;
   4. if, during such period (not exceeding five years) preceding the election day as may be prescribed by Parliament, he or she-
      1. has been convicted by a court of an offence relating to excitement of hostility or ill-will against any person or class of persons on the grounds of his or her or their race; or
      2. has been convicted by a court of any offence connected with an election that is so prescribed or has been reported guilty of such an offence by the High Court in proceedings under article 163:

      Provided that Parliament may empower the court to exempt a person from disqualification for election on account of such a conviction or report if the court deems it just so to do.

7. For the purposes of paragraph (1)(c)-
   1. 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
   2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
8. In paragraph (6)(b) "Government contract" means any contract made with the Government of Guyana or with a department of that Government or with an officer of that Government contracting as such.

156. Tenure of seats of members of the National Assembly

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

      Provided that, if the President certifies that the member had resigned for the purpose of giving further service to the public, the member, if otherwise qualified, shall be eligible to be re-elected to the Assembly in accordance with any provision made under article 63;

   2. Attendance by legislators
      if he or she is absent from the sittings of the Assembly for such period, and in such circumstances, as may be prescribed in the rules of procedure of the Assembly;
   3. if he or she ceases to be a citizen of Guyana;
   4. subject to the next following paragraph, if any circumstances arise that, if he or she were not a member of the Assembly, would cause him or her to be disqualified for election as a member thereof by virtue of the preceding article or of any law enacted in pursuance thereof;
   5. in the circumstances and to the extent set out in article 178 (4);
   6. in the case of a member who has been elected pursuant to the provisions of article 61 or article 160 (2), whenever Parliament is dissolved;
   7. [Repealed by Act No. 14 of 2000]
   8. [Repealed by Act No. 14 of 2000]

2

1. If circumstances such as are referred to in subparagraph (d) of the preceding paragraph arise in relation to a member of the Assembly by virtue of the fact that he is adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted or reported guilty of an offence and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he or she shall forthwith cease to perform his or her functions as a member of the Assembly but, subject to the next following subparagraph, he or she shall not vacate his or her seat until the expiration of a period of thirty days thereafter:

   Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the Assembly signified by resolution.

2. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member of the Assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave or for any other reason, it ceases to be open to the member to appeal, he or she shall forthwith vacate his or her seat.
3. If at any time before the member of the Assembly vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant by reason of those circumstances, and he or she may resume the performance of his or her functions as a member of the Assembly.
2. A member of the National Assembly elected on a list shall cease to be a member of the Assembly, if-
   1. he or she declares in writing to the Speaker or to the Representative of the List from which his or her name was extracted that he or she will not support the List from which his or her name was extracted;
   2. he or she declares in writing to the Speaker or to the Representative of the List from which his or her name was extracted, his or her support for another List;
   3. the Representative of the List from which his or her name was extracted indicates in writing to the Speaker that after meaningful consultation with the Party or Parties that make up the List that the Party or Parties have lost confidence in that member and the Representative of the List issues a written notice of recall to that member and forwards a copy of that notice to the Speaker.
3. The Speaker shall declare the seat of a member of the National Assembly vacant where-
   1. the Speaker receives a written declaration of the member of the National Assembly as provided for in paragraph 3(a) or (b);
   2. the Representative of the List issues a notice of recall as provided for in paragraph 3(c).

157. Speaker and Deputy Speaker

158. Clerk and Deputy Clerk

1. Subject to the provisions of the next following paragraph, the Clerk of the National Assembly shall vacate his or her office when he or she attains the age of sixty-five years or such later age as may, in any particular case, be prescribed by the Commission appointed under paragraph (4).
2. The Clerk shall be removed from office by the President if, but shall not be so removed unless, the National Assembly, by a resolution which has received the affirmative votes of a majority of all the elected members thereof, has resolved that he or she ought to be so removed for inability to discharge the functions of his or her 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.
4. Subject to the provisions of article 222 the terms of service (including salary and allowances) of the Clerk and Deputy Clerk shall be determined from time to time by a Commission consisting of the Speaker, as Chairman, the Minister responsible for finance or a person nominated by that Minister to represent him or her at any meeting of the Commission and one other Minister designated from time to time by the Prime Minister.
5. A person who is a public officer may, without ceasing to hold office in the public service, be appointed in accordance with the provisions of this article to the office of Clerk or Deputy Clerk, but-
   1. no such appointment shall be made without the concurrence of the appropriate service authority;
   2. the provisions of paragraphs (1), (2) and (3) shall, in relation to an officer so appointed, apply, subject to the provisions of subparagraph (d) as respects his or her service as Clerk or Deputy Clerk but not as respects his or her service as a public officer;
   3. an officer so appointed shall not, during his or her continuance in the office of Clerk or Deputy Clerk, perform the functions of any public office; and
   4. an officer so appointed may at any time be appointed by the appropriate service authority to assume or resume the functions of a public office and he or she shall thereupon vacate his or her office as Clerk or Deputy Clerk, but no appointment under this subparagraph shall be made without the concurrence of the Speaker.
6. In the preceding paragraph "the appropriate service authority" means the authority in which, under the provisions of this Constitution, is vested the power to make appointments to the public office held by the person to be appointed as Clerk or Deputy Clerk or the functions of which the Clerk or Deputy Clerk is to be appointed to assume or resume, as the case may be.
7. The functions conferred by this article on the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from Guyana or is otherwise unable to perform those functions, be performed by the Deputy Speaker.

159. Qualifications and disqualifications for electors

1. No person shall vote at an election unless he or she is registered as an elector.
2. Subject to the provisions of paragraphs (3) and (4), a person shall be qualified to be registered as an elector for elections if, and shall not be so qualified unless, on the qualifying date, he or she is of the age of eighteen years or upwards and either-
   1. is a citizen of Guyana; or
   2. 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
   3. satisfies such other qualifications as may be prescribed by or under any law.
3. No person shall be qualified to be so registered who on the qualifying date is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Guyana.
4. No person shall be qualified to be so registered if during such period (not exceeding five years) preceding the qualifying date as may be prescribed by Parliament, he or she has been convicted by a court of any offence connected with elections that is so prescribed or has been reported guilty of such an offence by the High Court in proceedings under article 163:

   Provided that Parliament may empower the court to exempt a person from disqualification for registration on account of such a conviction or report if the court deems it just so to do.

5. In this article "the qualifying date" means such date as may be appointed by or under an Act of Parliament as the date with reference to which a register of electors shall be compiled or revised.

160. Electoral system

1. Subject to the provisions of the next following paragraph the system of proportional representation referred to in article 60 (2) for the election of such number of members of the National Assembly as shall be determined by the Assembly, shall be as follows-
   1. votes shall be cast throughout Guyana in favour of lists of candidates;
   2. each elector shall have one vote and may cast it in favour of any of the lists; and
   3. the seats of the said elected members in the Assembly, as determined under this paragraph, shall be allocated between the lists in such 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 that list is as nearly as may be the same for each list, thus minimizing the level of 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 as a whole.
2. Electoral districts
   Parliament may make provision for the division of Guyana into such number of geographical constituencies, not being more than half the number of the elected members of the Assembly as Parliament may prescribe and for the election in each such constituency of such number of members of the Assembly as Parliament shall, subject to paragraph (4), prescribe; but, if Parliament makes provision as aforesaid, then-
   1. a person may stand as a candidate for election in any such geographical constituency only if, in such manner as Parliament may prescribe, he or she has declared that he or she supports, or has otherwise identified himself or herself with one and only one of the lists related to that geographical constituency, not with a list in any other geographical constituency; and not with any lists of another party; and
   2. those of the said seats in the Assembly as determined under paragraph (1), for which members are not elected in geographical constituencies as aforesaid shall be allocated between the contesting parties in accordance with the results of the voting throughout Guyana in favour of the lists of the contesting parties in such a manner that the proportion that the number of seats allocated to each party, when added to the number of members identified with that party's lists elected in the geographical constituencies, bears to the number of votes cast in favour of that party is as nearly as may be the same for each party, thus minimising the level of disproportionality between the percentages of votes earned by parties and the percentages of seats allocated to parties in the Assembly.
3. Subject to the provisions of this Constitution, Parliament may make provision-
   1. 1. for the registration of electors;
      2. Replacement of legislators
         for the manner in which lists of candidates shall be prepared, including the provision in a list of the names of a sufficient number of candidates to enable any vacancies to be filled under subparagraph (vii), and which manner shall allow voters to be sure which individuals they are electing to the National Assembly;
      3. for the manner in which the number of seats to be allocated to each list shall be calculated in order to give effect to the provisions of paragraph (1) or paragraph (2), as the case maybe;
      4. for the combination of lists of candidates for the purpose of the allocation of seats (but not for the purpose of voting);
      5. for the extraction from the lists and declaration of names of the candidates who have been elected, and for such provision for extraction to take into account the proportion that women form of the electorate;
      6. for the manner in which elections of members of the National Assembly shall be held pursuant to the provisions of paragraphs (1) and (2);
      7. Replacement of legislators
         for the filling of vacancies among the seats of members of the National Assembly where such vacancies are caused otherwise than by a dissolution of Parliament;
      8. generally for the conduct of elections of members of the National Assembly and for giving effect to the provisions of this Constitution relating thereto;
   2. 1. for the criteria for the participation of political parties in the general election;
      2. for the formulae to be used to translate votes for a contesting party into seats for that party in the National Assembly;
      3. First chamber representation quotas
         for the minimum number or proportion of female candidates on a party's list and in all party's lists taken together;
      4. First chamber representation quotas
         for the minimum number or proportion of female candidates on a party's lists for geographical constituencies taken individually or together;
      5. First chamber representation quotas
         for the maximum percentage or the number of geographical constituencies a party can contest in which its lists contain no female candidate.
4. The total number of seats in the National Assembly that are derived from geographical constituencies shall be such that the number of seats not derived from geographical constituencies is sufficiently large to correct any overall disproportionalities that might arise from the allocations of seats to geographical constituencies.

160A. Political parties prohibited from causing ethnic division

1. All persons, institutions 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 political party from contesting any election for membership or being a member, as the case may be, of the local democratic organs or of the National Assembly.

161. Elections Commission

1. There shall be an Elections Commission for Guyana consisting of a Chairman, who shall be a full-time 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 or 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 and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation with the non-governmental 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 and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.

3. In addition to the Chairman, there shall be six members of the Commission who shall be appointed in the following manner-
   1. three members to be appointed by the President, acting in his or her own deliberate judgment; and
   2. three members to be appointed by the President acting in accordance with the advice of the Leader of the Opposition tendered after meaningful consultation with non-governmental political parties represented in the National Assembly.
4. A person shall be disqualified for appointment as the Chairman or other member of the Commission if he or she is an alien.
5. The Chairman or any other member of the Elections Commission shall vacate his or her office if any circumstances arise that, if he or she were not a member of the Commission, would cause him or her to be disqualified for appointment 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 the Elections Commission and for the purposes of paragraphs (4) and (6) of that article, the prescribed authority shall be the Prime Minister:

   Provided that 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 advice to the President under article 225(4).

7. If, by reason of his or her illness, absence from Guyana, or suspension under article 225, the Chairman or any other member of the Elections Commission is unable to perform his or her functions as such, a temporary Chairman or other member, as the case may be, may be appointed in his or her place.
8. The provisions of this article shall apply in relation to the appointment of a temporary Chairman or other member of the Elections Commission, and to a temporary Chairman or other member appointed in accordance with this article, as they apply in relation to the Chairman or other member, as the case may be, of the Elections Commission in whose place he or she is appointed:

   Provided that his or her appointment shall have effect only for the period ending when the person in whose place he or she has been appointed resumes his or her functions as, or ceases to be, the Chairman or other member, as the case may be, of the Commission.

161A. Appointment of staff of Elections Commission; Secretariat of the Commission

1. The Elections Commission shall be responsible for the efficient functioning of the Secretariat of the Commission, which shall comprise the officers and employees of the Commission, and for 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 to remove 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 the Commission, 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 thereof or other person exercising powers under this article appoints to or to act in any office referred to in paragraph (1) 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 Elections Commission or that member 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 to in paragraph (1) he or she shall, subject to the said paragraph (1), remain a public officer unless the Commission determines that that office shall be independent of any other Commission.
5. Nothing in this article shall be construed as precluding the Elections Commission from appointing any person who is not a public officer to an office referred to in paragraph (1).

161B. Role of political parties in the conduct of elections through the Elections Commission

162. Functions of the Elections Commission

1. The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions of this Constitution, the Commission-
   1. 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
   2. shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.
2. Notwithstanding anything to the contrary in this Constitution, if the Elections Commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160 (2) on the day appointed therefor would be attended, either generally or in a 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-
   1. postpone the holding of the election to a day specified in the notice; or
   2. postpone the voting in any area specified in the notice to a day so specified.

163. Determination of questions as to membership and elections

1. Subject to the provisions of this article, the High Court shall have exclusive jurisdiction to determine any question-
   1. regarding the qualification of any person to be elected as a member of the National Assembly;
   2. whether-
      1. 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;
      2. the seats in the Assembly have been lawfully allocated;
      3. a seat in the Assembly has become vacant; or
      4. any member of the Assembly is required under the provisions of article 156(2) and (3) to cease to exercise any of his or her functions as a member thereof;
   3. regarding the filling of a vacant seat in the Assembly; or
   4. whether any person has been validly elected as Speaker of the Assembly from among persons who are not members thereof or, having been so elected, has vacated the office of Speaker.
2. Proceedings for the determination of any question referred to in the preceding paragraph may be instituted by any person (including the Attorney General) and, where such proceedings are instituted by a person other than the Attorney General, the Attorney General if he or she is not a party thereto may intervene and (if he or she intervenes) may appear or be represented therein.
3. An appeal shall lie to the Court of Appeal-
   1. from the decision of a Judge of the High Court granting or refusing leave to institute proceedings for the determination of any question referred to in paragraph (1);
   2. from the determination by the High Court of any such question, or against any order of the High Court made in consequence of such determination.
4. Parliament may make provision with respect to-
   1. the circumstances and manner in which and the conditions 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 in respect thereof;
   2. 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) provision empowering 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
   3. 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 with respect to the matters aforesaid by rules of court.

5. In this article reference to any person being elected shall be read and construed as a reference to any person being elected under paragraph (2) of article 60 or under article 160 (2), as the case may be.

164. Procedure for altering this Constitution

1. 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.
2. A Bill to alter any of the following provisions of this Constitution, that is to say-
   1. this article, articles 1, 2, 8, 9, 18, 51, 66, 89, 99 and 111; and
   2. 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"),

   shall not be submitted to the President for his or her assent unless the Bill, not less than two and not more than six months after its passage through the National Assembly, has, in such manner as Parliament may prescribed, been submitted to 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 to the vote of the electors.

3. In this article-
   1. references to this Constitution or to any particular provision thereof include references to any other law in so far as that law alters the Constitution or, as the case may be, that provision; and
   2. references to altering this Constitution or any particular provision thereof include references to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof, to modifying it and to suspending its operation for any period.

165. Regulation of procedure

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 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.

166. Presiding in the Assembly

1. The Speaker, or, in his or her 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 the sitting shall preside at any sitting of the Assembly.
2. References in this article to circumstances in which the Speaker or Deputy Speaker is absent include references to circumstances in which the office of Speaker or Deputy Speaker is vacant.

167. Oaths of members

168. Voting

1. Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.
2. Except as provided by the next following paragraph, the Speaker or other member presiding in the Assembly shall not vote unless on any question the votes are equally divided, in which case he or she shall have and exercise a casting vote.
3. A Speaker elected from among persons who are not members 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, the motion shall be lost.

169. Quorum

170. Mode of legislation

1. 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.
2. 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.
3. 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.
4. Veto override procedure
   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.
5. Veto override procedure
   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.
6. A Bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution.

171. Introduction of Bills, etc

1. Initiation of general legislation
   Subject to the provisions of this Constitution and of the rules of 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 and disposed 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-
   1. proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for any of the following purposes-
      1. for imposing or increasing any tax;
      2. for imposing any charge upon the Consolidated Fund or any other public fund of Guyana or for altering any such charge otherwise than by reducing it;
      3. for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Guyana of any moneys not charged thereon or any increase in the amount of such a payment, issue or withdrawal; or
      4. for compounding or remitting any debt due to Guyana; or
   2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid.

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

1. Subject to the provisions of paragraphs (2), (3) and (4), Parliament may by law determine the privileges, immunities and powers of the National Assembly and the members thereof.
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 matter or thing brought by him or her therein by petition, bill, resolution, motion or otherwise.
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 the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly.

173-176. [Repealed by Act No. 14 of 2000]

177. Election of President

1. Any list of candidates for an election held pursuant to the provisions of article 60 (2) shall designate not more than one of those candidates 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. Where-
   1. there is only one Presidential candidate at the election; or
   2. there are two or more Presidential candidates, if more votes are cast 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 in accordance with the advice of the Chief Election Officer, after such advice has been tendered to the Elections Commission at a duly summoned meeting.

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 other list, the Chairman of the Elections Commission, acting in the presence of 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 that list to be duly elected as President.
4. Constitutional interpretation, Supreme court powers
   The Court of Appeal shall have exclusive jurisdiction to hear and 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 person for election or the interpretation of this Constitution; and any decision of that 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-
   1. for the conduct of elections to the office of President; and
   2. with respect to the persons by whom, the manner in which and the conditions upon which proceedings for the determination of any question such as is mentioned in the preceding 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 of court.

6. Subject to the provisions of paragraph (4), an instrument which-
   1. is executed under the hand of the Chairman of the Elections Commission; and
   2. 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 the person so named shall be enquired into in any court.

178. Tenure of office of President

1. The office of President shall become vacant if the person holding it-
   1. dies; or
   2. resigns it by writing under his or her hand addressed to the Speaker; or
   3. ceases to hold it by virtue of the provisions of article 92, 179 or 180.
2. A person assuming the office of President in accordance with the provisions of this Constitution shall be disqualified for any other office, employment or appointment to which this paragraph applies and accordingly on entering upon the duties of the office of President shall vacate any such other office, employment or appointment held by him or her.
3. The preceding paragraph applies to the offices of Speaker, member, Clerk or Deputy Clerk of the National Assembly, and Judge of 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 the functions of the office of President under article 96 or 179 or has assumed the office under the proviso to article 95(1), his or her 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 shall vacate it and the seat shall thereupon be resumed by the Minister:

   Provided that the person so vacating the seat shall be eligible for re-election under any provision made as aforesaid.

179. Removal of President on grounds of incapacity

1. If the members of the National Assembly whose names appeared as candidates on the same list as that of the President at the last 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 the functions of his or her 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 or her 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 a report 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 of discharging the functions of his or her office.
2. If the board reports that the President is incapable of discharging the functions of the office of President, the Chancellor shall certify in writing accordingly and thereupon the President shall cease to hold office.
3. Where the Prime Minister informs the Chancellor that a resolution has been passed pursuant to paragraph (1) that the question of the physical or mental capacity of the President to discharge the functions of his or her 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 incapable of discharging the functions of his or her office (whichever is the earlier), cease to perform the functions of his or her office and those functions shall be performed by-
   1. the Prime Minister; or
   2. during any period when there is no Prime Minister or the Prime Minister is absent from Guyana or is unable, by reason of physical or mental infirmity, to discharge the functions of his or her office, by such member of the Cabinet, being an elected member of the National Assembly, as shall be elected by the members referred to in paragraph (1):

   Provided that any person performing the functions of the office of President 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 proposed by any of the members referred to therein at any meeting of such members convened by the Prime Minister.

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

1. If notice in writing is given to the Speaker of the National Assembly, signed by not less than one-half of all the elected members of the Assembly, of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a tribunal be established under this article to investigate those allegations, the Speaker shall-
   1. if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by the Assembly within seven days of the notice; or
   2. if Parliament is not then sitting (and notwithstanding that it may be prorogued) summon the Assembly to meet within 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 for consideration 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 the votes of not less than two-thirds of all the elected members of the Assembly, shall declare the motion to be passed.
3. If the motion is declared to be passed under paragraph (2)-
   1. the Chancellor shall appoint a tribunal which shall consist 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 the Commonwealth or a court having jurisdiction on appeals from any such court;
   2. the tribunal shall investigate the matter and shall report to the National Assembly whether it finds the particulars of the allegations specified in the motion to have been substantiated;
   3. the President shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him or her.
4. If the tribunal reports to the National Assembly that the tribunal 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 the tribunal 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 the Assembly, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his or her continuance in office as President and, if the Assembly so resolves, the President shall cease to hold office upon the third day following the passage of the resolution.

181. Salary and allowances of President

1. The President shall receive such salary and allowances as may be prescribed under the provisions of article 222.
2. A person who has held the office of President shall receive such pension or, upon the expiration of his or her term of office, such gratuity as may be prescribed by Parliament. Any such pension or gratuity shall be a charge on the Consolidated Fund.

182. Immunities of President

1. Subject to the provisions of article 180, the holder of the office of President shall not be personally answerable to any court for the performance of the functions of his or her office or for any act done in the performance of those functions and no proceedings, whether criminal or civil, shall be instituted against him or her in his or her personal capacity in respect thereof either during his or her term of office or thereafter.
2. Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him or her in respect of anything done or omitted to be done by him or her in his or her private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him or her for anything done or omitted to be done in his or her private capacity.
3. Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period during which any person holds or performs the functions of the office 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 or her.

Subtitle 1. Ministers, etc

Subtitle 2. The Ombudsman

197. Tenure of office of Judges

1. Notwithstanding the provisions of articles 124 and 125, the office of a Justice of Appeal or a Puisne Judge shall not be abolished while there is a substantive holder thereof.
2. Mandatory retirement age for judges
   With effect from the commencement of this paragraph, a person holding the office of Judge on the said commencement shall vacate that office on attaining-
   1. in the case of a Puisne Judge, the age of sixty-two years; and
   2. in the case of any other Judge, other than the Chancellor, the age of sixty-five years; and
   3. in the case of the Chancellor, the age of sixty-eight years.
3. Mandatory retirement age for judges
   A person appointed to the office of Judge after the commencement of this paragraph shall vacate that office attaining-
   1. in the case of a Puisne Judge, the age of sixty-five years; and
   2. in the case of any other Judge, the age of sixty-eight years.
4. A Judge may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour or for persistently not writing decisions or for continuously failing to give decisions and reasons 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.
5. A Judge shall be removed from office by the President if the question 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.
6. Establishment of judicial council
   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-
   1. the President shall appoint a tribunal, which shall consist of a Chairman and not less than two other members, selected by the President, acting in his or her discretion in the case of the Chancellor or the Chief Justice or in accordance with the 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 judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who are qualified to be appointed as any such judge; and
   2. the tribunal shall enquire into the matter and advise the President whether or not the Judge ought to be removed from office.
7. 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 relation to tribunals appointed under the preceding paragraph 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 this Constitution.
8. If the question of removing a Judge from office has been referred to a tribunal under paragraph (5), the President may suspend such Judge from performing the functions of his or her office, and any such suspension 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 the Judge ought not to be removed from office. In effecting any such suspension or any revocation of any such suspension, the President shall act in accordance with his or her own deliberate judgement 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.
9. The provisions of this article shall be without prejudice to the provisions of article 128 (3).

9

1. For the purposes of paragraph (6) of this article and of article 225(5), the following provisions of the Commissions of Inquiry Act shall not apply, that is to say-
   1. section 2 - the whole section;
   2. section 3 - so much of the section as follows the words "in his or her place";
   3. section 5 - the whole section;
   4. section 7 - the words "after taking such oath or affirmation";
   5. section 16 - the whole section.
2. For the words "Such sums so directed to be paid shall be paid out of moneys provided by Parliament" in section 15 of the Act there shall be substituted the words "Such sums so directed to be paid shall be charged on and paid out of the Consolidated Fund".
3. All powers and duties conferred or imposed on the President under the Act shall be exercised or performed by him or her acting in each case in the manner prescribed by this Constitution.
10. It is in the interest of the State to provide such terms and conditions of service, including superannuation benefits, for Judges that on retirement there would be no need for them to practise at the Bar.

197A. Defence and security

1. The State's defence and security policy shall be to defend national independence, preserve the country's sovereignty and integrity, and guarantee the normal functioning of institutions and the security of citizens against any armed aggression.
2. The Defence and Security Forces shall be subordinate to national and 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 established under the Police Act shall function in accordance with the law as the law enforcement agency of the State responding to the daily need to maintain law and order by suppressing crime to ensure that citizens are safe in their homes, the streets and other places.
5. Disciplined forces commissions may be constituted by the National Assembly from time to time, as may be necessary, with power to examine any matter relating to the public welfare, public safety, public order, defence or security, including 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.
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 relation to commissions appointed under the preceding paragraph or, as the context may require, to the members thereof as they apply in relation to Commissions or Commissioners appointed under that Act, and such application shall have effect as if they formed part of this Constitution.
7. As regards the application of the Commissions of Inquiry Act pursuant to paragraph (6)-
   1. the following provisions shall not apply, that is to say-
      1. section 2 - the whole section;
      2. section 3 - so much of the section as follows the words "in his or her place";
      3. section 4 - the whole section;
      4. section 5 - the whole section;
      5. section 7 - the words "after taking such oath or affirmation";
      6. section 16 - the whole section;
   2. for the words "Such sums so directed to be paid shall be paid out of moneys provided by Parliament" in section 15 there shall be substituted the words "Such sums so directed to be paid shall be charged on and paid out of the Consolidated Fund";
   3. for the words "the President" wherever they appear in the applicable provisions substitute the words "the National Assembly".

The Judicial Service Commission

The Public Service Commission

The Teaching Service Commission

The Police Service Commission

The Ethnic Relations Commission

The Rights Commissions

Pensions

Public Service Appellate Tribunal

216. Establishment of Consolidated Fund

217. Withdrawals from Consolidated Fund or other public funds

1. No moneys shall be withdrawn from the Consolidated Fund except-
   1. to meet expenditure that is charged upon the Fund by this Constitution or by any Act of Parliament; or
   2. where the issue of those moneys has been authorised by an Appropriation Act; or
   3. 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 the person or authority to whom payment is due.
3. No moneys shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those moneys has been authorised 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.

218. Authorisation of expenditure from Consolidated Fund by appropriation

1. The Minister responsible 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 the commencement of each financial year estimates of the revenues and expenditure of Guyana for that year.
2. When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constitution or any Act of Parliament) have been approved by the Assembly a Bill, to be known as an Appropriation Bill, shall be introduced in the Assembly, providing for the 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-
   1. 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
   2. that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose by the Appropriation 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.

219. Authorisation of expenditure in advance of appropriation

1. Parliament may make provision under which, if the Appropriation 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 the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Government of Guyana until the expiration of four months from the beginning of that financial year or the coming into operation of the Act, whichever is the earlier.
2. Where a supplementary estimate or statement of excess is laid before the National Assembly under paragraph (3) of the preceding article or paragraph (2) of the next following article and is approved by the Assembly by resolution, that resolution shall be authority for the issue of the sums in question from the Consolidated Fund, but the aggregate sums the issue of which is so approved shall be included, under appropriate 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 for finance may authorise the withdrawal of such sums from the Consolidated Fund as he or she 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 the expenditure so authorised shall, as soon as practicable, be laid before the Assembly by the Minister responsible for finance or any other Minister designated by the President and, when the statement has been approved by the Assembly, that expenditure shall be included, under the appropriate heads, in the next Appropriation Bill.

220. Contingencies fund

1. Parliament may make provision for the establishment of a Contingencies Fund and for authorising the Minister responsible for finance to make advances from that Fund if he or she is satisfied that there is an 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.

221. Public debt

222. Remuneration of holders of certain offices

1. There shall be paid to the holders of the offices to which this article applies such salaries and such allowances as may be prescribed by 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).
2. The salaries and allowances payable to the holders of the offices to which this article applies are hereby charged on the Consolidated Fund.
3. Protection of judges' salaries
   The salary and allowances payable to the holder of any office to which this article applies and his or her other terms of service shall not be altered to his or her disadvantage after his or her appointment, and, for the purposes of 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 or she opts shall be taken to be more advantageous to him or her than any other terms for which he or she might have opted.
4. Protection of judges' salaries
   This article applies to the offices of President, Speaker, Deputy Speaker, Clerk and Deputy Clerk of the National Assembly, any Judge of 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, the Auditor General and the Commissioner of Police.

222A. Overarching clause on financial autonomy

223. Office and functions of Auditor General

1. There shall be an Auditor General for Guyana, whose office shall be a public office.
2. The public accounts of Guyana and of all officers and authorities 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 and reported on by the Auditor General, and for that purpose the Auditor General or any person authorised by him or her in that behalf shall have access to all books, records, returns and other documents relating to those accounts.
3. The Auditor General shall submit his or her reports to the Speaker of the National Assembly, who shall cause them to be laid before the National Assembly.
4. In the exercise of his or her functions under this Constitution, the Auditor General shall not be subject to the direction or control of any person or authority.
5. The Public Accounts Committee may exercise general supervision over the functioning of the office of the Auditor General in accordance with the Rules, Policies and Procedures Manual for the 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 the office of the Auditor General to the Public Accounts Committee.
8. In this article-
   1. "Public Accounts Committee" means the Public Accounts Committee established by order 70(2) of the Standing Orders of the National Assembly; and
   2. "public accounts of Guyana" includes the accounts of-
      1. all central and local government bodies and entities;
      2. all bodies and entities in which the State has a controlling interest; and
      3. all projects funded by way of loans or grants by any foreign State or organisation.

224. Rules of court

225. Removal from office of certain persons

1. Where it is provided in this Constitution that this article shall apply to any office, a person holding such office (in this article referred to as "the office") shall not be removed therefrom or suspended from the exercise of the functions thereof except in accordance with the provisions of this article; and the prescribed authority for the purpose of paragraph (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 to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause whatsoever) or for misbehaviour.
3. The officer shall be removed from office by the President if the question of his or her 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 the question of removing the officer from office under this article ought to be investigated then-
   1. 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 other members, selected by the Judicial Service Commission from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who are qualified to be admitted to practise in Guyana as attorneys-at-law and have been so qualified for such period as is prescribed by Parliament for the purposes of subparagraph (b) of article 129 (1) in relation to the office of Puisne Judge; and
   2. that tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to him or her 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 this Constitution.
6. If the question of removing the officer from office has been referred to a tribunal under this article, the President, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his or her office, and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the officer should not be removed from office.

226. Powers and procedure of Commissions

1. Save as otherwise provided in this Constitution, in the exercise 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 the commission; 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 of any member , and its proceedings shall not be invalidated by the presence or 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 or her original vote:

   Provided that, where the votes are equally divided on the question whether any power to remove a public officer from his or her office should be exercised, the Chairman or other member presiding shall not have a casting vote and the Commission shall be deemed to have decided that that power should not be exercised.

5. For the purposes of the preceding paragraph a quorum shall consist, 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 or her own deliberate judgment and two from among members appointed on the advice of the Leader of the Opposition tendered in accordance with article 161(3)(b):

   Provided that if at any stage of a duly summoned meeting a quorum is not present, due to the absence of members therefrom-

   1. without just cause, such just cause being determined by the Chairman, the meeting shall stand adjourned to a day not later than two calendar days; or
   2. 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 be deemed to constitute a quorum and any decision made at that or any such meeting shall be valid in law and binding.

6. Any question whether-
   1. a Commission has validly performed any function vested in it by or under this Constitution;
   2. 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 this Constitution; or
   3. 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 is referred to in the preceding subparagraph,

   shall not be enquired into in any court.

7. In this article, except as otherwise provided or required by the context, 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 make provision in relation to the functions of the Elections Commission) in the preceding paragraph that expression does not include the Elections Commission.

227. Disqualification for office of persons exciting racial hostility

228. Appointments

1. Where any person has vacated any office established by this Constitution (including any office established under article 100, 124 or 125) he or she may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.
2. Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this paragraph, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office.
3. The preceding paragraph shall have effect in relation to the office 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.

229. Resignations

1. 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 or her hand addressed to the person or authority by whom he or she was appointed, elected or selected.
2. The resignation of any person from any such office as aforesaid signified by writing under his or her hand shall take effect when the writing 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 the performance of the functions of his or her office.

230. Vacation of office on attaining a prescribed age

231. [Repealed by Act No. 17 of 2000]

232. Interpretation

1. In this Constitution, except as otherwise provided or required by the context-
   • "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 provisions of 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 this Constitution, as the case may be;

     "financial year" means any period of twelve months beginning on the first day of January in any year or such other date as Parliament may prescribe;

     Reference to country's history

     "Guyana" includes, in relation to any period before the day on which this Constitution commences, or anything done before that day, Guyana as it was before that day as well as the former Colony of British 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-

     1. identify the persons or entities to be consulted and specify to them in writing the subject of the consultation and an intended date for the decision on the subject of consultation;
     2. ensure that each person or entity to be consulted is afforded a reasonable opportunity to express a considered opinion on the subject of the consultation; and
     3. cause to be prepared and archived a written record of the consultation and circulate the decision to each of the persons 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 established by or under an Act of Parliament 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;

     "public office" means an office of emolument in the public service, and for the avoidance of doubt it is hereby declared that the expression includes the office of a teacher in the public service and any office in 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;

     "session" means, in relation to the National Assembly, the sittings of the Assembly, commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;

     "sitting" means, in relation to the National Assembly a period during which the Assembly is sitting continuously without adjournment and includes any period during which the Assembly is in committee; and

     "the State" means the Co-operative Republic of Guyana.

2. In this Constitution, unless it is otherwise provided or required by the context-
   1. a reference to power to make appointments to any office shall be construed as including a reference to power to make 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 the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office; and
   2. a reference to the holder of an office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or 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, to perform the functions of an office if the holder thereof is unable to perform those functions, the validity of any performance of those functions 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 court on the ground that the holder of the office was not or is not unable to perform the functions of the office.
4. For the purposes of this Constitution, a person shall not be considered to hold a public office by reason only that he or she is in receipt of a 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-
   1. the office of President, Minister, Attorney General, Parliamentary Secretary, Speaker, Deputy Speaker, Leader of the Opposition, Ombudsman, or member of the National Assembly;
   2. the office of a member of any Commission established by this Constitution or of Public Service Appellate Tribunal;
   3. the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in Guyana;
   4. 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 other provision of this Constitution; or
   5. any body of persons organised as a national service within the meaning of article 154.
6. References in this Constitution to the power to remove a public officer from his or her office shall be construed as including a reference to any power conferred by any law to require or permit that officer to retire from the public service,

   Provided that-

   1. nothing in this paragraph shall be construed as conferring 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 Assembly to retire from his or her office; and
   2. 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 this Constitution, vest in the Commission that, if he or she were to retire, would be the appropriate Commission in relation to him or her for the purposes of article 214.
7. Any provision in this Constitution that vests in any person or authority the power to remove any public officer from his or her 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 226(6) and article 215A(12), no provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions shall be construed as precluding a court from exercising jurisdiction 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 this Constitution and otherwise in relation thereto as it applied for the purpose of 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.