CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA

PREAMBLE
WE THE PEOPLE OF THE CO-OPERATIVE OF GUYANA,
the proud heirs of the indomitable spirit and unconquerable will of our forefathers who by their sacrifices, their blood and their labour made rich and fertile and bequeathed to us as our inalienable patrimony for all time this green land of Guyana,
SALUTING the epic struggles waged by our forefathers for freedom, justice and human dignity and their relentless hostility to imperialist and colonial domination and all other forms and manifestations of oppression;
ACCLAIMING those immortal leaders who in the vanguard of battle kept aloft in the banner of freedom by the
example of their courage, their fortitude and their martyrdom, whose names and deeds being forever enshrined in our hearts we forever respect, honour and revere;
INSPIRED by the glorious victory of 26th May, 1966, when after centuries of heroic resistance and revolutionary endeavor we liberated ourselves from colonial bondage, won political independence and became free to mold our own destiny;
CONSCIOUS of the fact that to bring about conditions necessary for the full flowering of the creative genius of the people of Guyana formal political sovereignty must be complemented by economic independence and cultural emancipation;
HAVING ESTABLISHED the Republic on 23rd February, 1970, to reinforce our determination to chart an independent course of development in conformity with our historical experience, our cultural heritage and our common aspirations;
PLEDGED to defend our national sovereignty, to respect human dignity and to cherish and uphold the principles of freedom, equality and democracy and all other fundamental human rights;
DEDICATED to the principle that the people of Guyana are entitled as of right to enjoy the highest possible standard of living and quality of life consistent with their work and the possibilities of the country's resources;
CONVINCED that the organisation of the State and society on socialist principles is the only means of ensuring social and economic justice for all of the people of Guyana; and, therefore,
BEING MOTIVATED and guided by the principles of socialism;
BEING OPPOSED to all social, economic and political systems which permit the exploitation of man by man; and
ACKNOWLEDGING our common purpose of national cohesion and our common destiny as one people and one nation,
DO SOLEMNLY RESOLVE to establish the State on foundations of social and economic justice, and accordingly by popular consensus, after full, free and open discussion, debate and participation,
DO ADOPT the following

CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA

PART 1. GENERAL PRINCIPLES

CHAPTER I. THE STATE AND THE CONSTITUTION

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

CHAPTER III. FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

40.

1. Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his rave, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:

a) life, liberty, security of the person and the protection of the law.
b) freedom of conscience, of expression and of assembly and association; and
c) protection for the privacy of his home and other property and from deprivation of property with out compensation.

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 of the public interest.

CHAPTER IV. CITIZENSHIP

CHAPTER V. SUPREME ORGANS OF DEMOCRATIC POWER

CHAPTER VI. PARLIAMENT

CHAPTER VII. LOCAL DEMOCRACY

CHAPTER VIII. THE SUPREME CONGRESS OF THE PEOPLE

CHAPTER IX. THE PRESIDENT

CHAPTER X. THE EXECUTIVE

CHAPTER XI. THE JUDICATURE

CHAPTER XII. THE SERVICE OF COMMISSIONS

PART 2. SPECIFIC RULES

TITLE 1. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

138.

1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law of Guyana of which he has been convicted.

2. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case:
a) for the defense of any person from violence of for the defense of property;
b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c) for the purpose of suppressing a riot, insurrection or mutiny; or
d) in order to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.

139.

1. No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:
a) in execution of the sentence or order of a court, whether established for Guyana or some other country, in respect of a criminal offense of which he has been convicted;
b) in execution of an order of the High Court of the Court of Appeal of such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;
c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
d) for the purpose of bringing him before a court in execution of the order of a court;
e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Guyana;
f) 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 parent or guardian, for the purpose of his education or welfare;
g) for the purpose of preventing the spread of an infectious or contagious disease;
h) in the case of a person who is, or is reasonably suspected to be, or unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
i) for the purpose of preventing the unlawful entry of that person into Guyana, or for the purpose of effecting expulsion, extradition or other lawful removal of that person from Guyana or for the purpose of restricting that person while he is being conveyed through Guyana in the course of his extradition or removal as a convicted prisoner from one country to another;
j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Guyana or prohibiting him 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 is permitted to make to any part of Guyana in which, in consequence of any such order, his presence would otherwise be unlawful;
k) subject to the provisions of the next following paragraph, for the purposes of his preventive detention;
l) for the purpose of hi being called up for national service.

a) 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.
b) The references in subparagraph (a) to a period of three months include references to any lesser period 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 that one month.
c) A person who has been detained by virtue of the provision s of any law providing for preventive detention and who has been released from detention in consequence of a report of tribunal established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his detention shall not be again detained by virtue of such provisions within the period of six months from his release on the same grounds as he was originally detained.
d) For the purposes of subparagraph (c) a person shall be deemed to have been detained on the same grounds as he 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).
e) 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.

3. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest of detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Guyana as an attorney-at-law, and to hold communication with him.

4. any person who is arrested or detained:
a) for the purpose of bringing him before a court in execution of the order of the court; or
b) upon reasonable suspicion of his having committed or being about to commit a criminal offense, and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, thin, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

5. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

6. Nothing in the provisions of paragraphs (3) and (4) shall apply to any person arrested or detained by virtue of the provisions of any law providing for preventive detention except in so far as the provisions of the said paragraph (3) require that he shall be permitted to retain and instruct a legal adviser and to hold communication with him.

140

1. No person shall be held in slavery or servitude

2. No person shall be required to perform forced labour.

3. For the purposes of this article, the expression “forced labour” does not include
a) any labour required in consequence of the sentence or order of a court;
b) any labour required of any person while he 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 is detained;
c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service; or
d) any labour required during any period when Guyana is at war or in the event of any hurricane, earthquake, flood, 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.

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 of the administration of any treatment that was lawful in Guyana immediately before the commencement of this Constitution.

142.

1. No property of any description shall be compulsory taken possession of, and no interest in or right over property of any description shall be compulsory acquired, except by or under the authority of a written law which provides for compensation for the property of any interest in or right over property so possessed or acquired and either fixes the amount of compensation of specifies the principles on which the compensation or specifies the principles on which the compensation is to be determined and given and no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraph

a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property–
I) in satisfaction of any tax, duty, rate, cess or other impost;
II) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offense under the law of Guyana;
III) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
IV) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
V) 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;
VI) in consequence of any law with respect to the limitations of actions;
VII) 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 our thereon of work of social conservation or the conservation of other natural resources or work relating to agricultural development or improvement;
VIII) which is not beneficially occupied or which, if it is 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 family; or
IX) in consequence of any law requiring an employer to remunerate his employee during any period of compulsory national service which the employee has undertaken; or

(b) to the extent that the law in question makes provision for the taking of possession or acquisition of
I) property of the Amerindians of Guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situate in an Amerindian District, Area or Village established under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Amerindian community;
II) Enemy property;
III) 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;
IV) property of a person adjudged insolvent of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;
V) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust of by a court or, by order of a court for the purpose of giving effect to the trust; or
VI) 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
I) so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared 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 of the protection of tenants, licenses or others having rights in or over such property;
II) so far as it provides for the making of contributions compulsory 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 dependents of any of them; or
III) for the compulsory taking of possession in the public interest of any property of the compulsory acquisition in the public interest of any interest in or fight 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 of by any Legislature previously established for the territory of Guyana have been invested.

143.

1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision
a) that is reasonably required in the interests of defense, public safety, public order, public morality, public health, town or country planning, the development or utilisation of any other property in such manner as to promote the public benefit;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorises an officer of 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 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 of verifying information required for compiling national statistics or required for the purposes of planning, management and development of the national economy; or
d) that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the entry upon any premises by order of a court.

144.

1. If any person is charged with a criminal offense, 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 offense
a) shall be presumed to be innocent until he is proved or has pleaded guilty;
b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
c) shall be permitted to defend himself before the court in person or by legal representative of his own choice;
e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence or he fails without reasonable excuse (the proof whereof shall lie on him) to attend court.

3. When a person is tried for any criminal offense, the accused person or any person authorised by him in that behalf shall, if he 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. No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature that the most severe penalty that might have been imposed for that offense at the time when it was committed.

5. No person who shows that he has been tried by a competent court for a criminal offense and either convicted of acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, 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 offense if he shows that he has been granted a pardon for that offense.

7. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

8. Any court of 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. 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 of 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
a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
b) may by law be empowered or required so to do in the interests of defense, public safety or public order.

11. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of–
a) paragraph (2) (a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
b) paragraph (2) (e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c) paragraph (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offense 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 shall, in sentencing him to any punishment, take into account any punishment awarded him 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 a criminal offense under the law regulating the discipline of persons held in such detention.

13. Nothing contained in paragraph (2) (d) shall be construed as entitling a person to legal representation at public expense but, subject thereto, it shall be the duty of the State to ensure that every person charged with a criminal offense is given a fair trial and accordingly to make provision for legal aid to be given in suitable cases.

14. In this article, “criminal offense” means a criminal offense under the law of Guyana.

145.

1. Except with his own consent, no person shall be hindered in the enjoyment of his of conscience, and for the purposes of this article the said freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his 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 own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.

4. No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisions

a) which is reasonably required
I) in the interests of defense, public safety, public order, public morality or public health; or
II) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion with out the unsolicited intervention of members of any other religion; or

b) 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.

1. Except with his own consent, no person shall be hindered in the enjoyment of his 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 correspondence.

147.

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

148.

1. No person shall be deprived of his 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 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
a) 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;
b) for the imposition of restriction 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;
c) for the imposition of restrictions on the acquisition or use of land or other property in Guyana;
d) for the imposition of restrictions, by order of a court, on the movement or residence, within Guyana of any person or on any person's rights to leave Guyana either in consequence of his having been found guilty of a criminal offence under the laws of Guyana of for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from Guyana;
e) for the imposition of restrictions on the freedom of movement of persons who are not citizens of Guyana;
f) for the imposition of restrictions upon the movement or residence within Guyana or on the right to leave Guyana of public officers;

g) for the removal of persons from Guyana
I) to be tried or punished in some other country for a criminal offence under the law of that country; or
II) to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Guyana of which he has been convicted; or
III) to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of Guyana relating to the treatment of offenders under a specified age; or
IV) 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

h) for the imposition of restrictions on the right of any person to leave Guyana that are reasonably required in order to secure the fulfillment 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.

1. Subject to the provisions of this article
a) no law shall make any provision that is discriminatory either of itself or in its effect; and
b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in 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 respective descriptions by race, place of origin, political opinions, colour or creed 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
a) with respect to persons who are not citizens of Guyana;
b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
c) 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 he'd 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 race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local democratic organ or of a body corporate established by any law for public purposes.

5. Paragraph (1) (b) shall not apply to anything which 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 he'd to be inconsistent with or in contravention of this article to the extent that the law in question makes provision
a) 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 sub-paragraph (c) thereof, as the case may be;
b) for the appropriation of revenue or other funds of Guyana; or
c) for the protection, well-being or advancement of the Ameridians of Guyana.

7. Paragraph (1) (b) shall not affected 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.

150.

1. This article applies to any period when
a) Guyana is at war; or
b) there is in force a proclamation (in this article referred to as a “proclamation of emergency”) made by the President declaring that a state of public emergency exists for the purposes of this article; or
c) there is in force a resolution of the National Assembly, in favour of which there were cast the votes of not fewer that 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 laws 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.

a) Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before the National Assembly, and if, by reason of its adjournment or the prorogation of Parliament, the Assembly is not due to meet within five days the President shall, by proclamation, summon the Assembly to meet within five days, and the Assembly 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.
b) 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 the period.
c) 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.

4. A resolution such as is referred to in paragraph (1) (c) shall, unless it is sooner revoked by a resolution of the Assembly, ceased 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 with out 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.

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 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 that six months from the date on which his 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 laws, 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 appointed by the Chancellor from among persons entitled to practise in Guyana as attorney-at-law.

152.

1. Except in proceedings commenced before the expiration of a periods of six months from the commencement of this Constitution, with respect to a law made under the Guyana Independence Order 166 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
a) is a law (in this article referred to as “an existing law”) that had effect as part of the law of Guyana immediately before the commencement of this Constitution, and has continued to have effect as part of the law of Guyana at all times since that day;
b) repeals and re-enacts an existing law without alteration; or
c) alters an existing law and does not thereby render that law inconsistent with any provision of the said articles 138 to 149 in a manner in which, or to an extent to which, it was 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 of 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, 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.

1. Subject to the provisions of paragraph (6), if any person alleges that any of the provisions of articles 138 to 51 (inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, or 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 that other person) may apply to the High Court for redress.

2. The High Court shall have original jurisdiction
a) to hear and determine any application made by any person in pursuance of the preceding paragraph;
b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following paragraph, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of articles 138 to 151 (inclusive):
Provided that the High Court shall not exercise its powers under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

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 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
a) of the High Court in relation to the jurisdiction and powers conferred upon it by or under this article;
b) of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction;
c) of subordinate courts in relation to references to the High Court under paragraph (3),
including 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 the court.

154. In this Title, unless the context otherwise requires
“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
“court” means any court of law having jurisdiction in Guyana other than a court established by a disciplinary law and, in articles 138 and 140, a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplinary force” means
a) any group of persons functioning whether wholly or partially as a naval, military, para-military or air force;
b) a police force;
c) a prison service; or
d) a fire service;
“legal representative”, in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such court or tribunal;
“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of hat force, is subject to that discipline; and
“national service” means service in any disciplined force a principal purpose of which is the training of people with a view to advancing the economic development of Guyana.

TITLE 2. PARLIAMENT

TITLE 3. THE SUPREME CONGRESS OF THE PEOPLE

TITLE 4. THE PRESIDENT

TITLE 5. THE EXECUTIVE

TITLE 6. THE JUDICATURE

TITLE 7. THE SERVICE COMMISSIONS

TITLE 8. FINANCE

TITLE 9. MISCELLANEOUS

TITLE 10. INTERPRETATION

228.

1. Where any person has vacated any office established by this Constitution (including any office established under article 100, 124, and 125) he 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 or the National Assembly as if that office were a public office.

229.

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 hand addressed to the person or authority by whom he was appointed, elected or selected.

2. The resignation of any person from any such office as aforesaid signified by writing under his hand shall take effect when 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 office.

230.

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

231.

Where by this Constitution the President of any other person or authority is required to perform any function in accordance with the advice or recommendation or, or after consultation with, another person or authority, or not to make an appointment without the concurrence of another person or authority, the question whether the President or that other person or authority, the question whether the President or that other person or authority has received or acted in accordance with such advice or recommendation, or whether such consultation has taken place, or whether the appointment has received such concurrence, shall not be enquired into in any court.

232.

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) or (3) or (4) of article 60 or article 160 (2);
“election” means an election of members to serve in the National Assembly, the National Congress of Local Democratic Organs 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;
“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;
“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;
“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 and the Supreme Congress of the People, the sittings of the Assembly or of the Congress, as the case may be, commencing when it first meets after this Constitution comes into force or after the prorogation of dissolution of Parliament or the Congress, as the case may e, at any time and terminating when Parliament or the Congress, as he case may be, is prorogued or is dissolved without having been prorogued;
“sitting” means, in relation to the National Assembly and the Supreme Congress of the People, a period during which the Assembly or the Congress, as the case may be, is sitting continuously without adjournment and includes any period during which the Assembly or the Congress, as the case may be, 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
a) 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
b) a reference to the holder of an office by the term designated his office shall be construed as including a reference to any person for the rime 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 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
a) the office of President, Minister, Attorney General, Parliamentary Secretary, Speaker, Deputy Speaker, Minority Leader, Ombudsman, or member of the National Assembly or of the Supreme Congress of the People or of the National Congress of Local Democratic Organs;
b) the office of a member of any Commission established by this Constitution;
c) 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;
d) the office of any Judge of the Supreme Court of Judicature or Clerk or Deputy Clerk of the National Assembly except for the purposes of the next following paragraph and save as otherwise provided in any other provision of this Constitution; or
e) 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 office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:
Provided that
a) 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 office; and
b) any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Commission that, if he were to retire, would be the appropriate Commission in relation to him for the purposes of article 214.

7. Any provision in this Constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish that office or to any law providing for the compulsory retirement of public officers generally or any class of public officers on attaining an age specified by or under that law, and, in the case of the Public Service Commission, the Teaching Service Commission and the Police Service Commission, shall be without prejudice to power hereby conferred on the President to remove any such officer from his officer from his office in the public interest.

8. subject to article 226 (6), 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

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CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA

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