| AN
ACT to alter the Constitution in accordance with articles
66 and 164. |
| Enacted
by the Parliament of Guyana: – |
A.D. 1995. |
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1. |
This
Act may be cited as the Constitution (Amendment) Act 1995. |
Short title. |
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2. |
During
the period commencing on the date on which this Act comes
into operation and ending on the date of the enactment of
a new Constitution for Guyana or on the expiry of three months
from the date of the next General Election, whichever is earlier,
the Constitution shall have effect as if – |
Alteration of the Constitution. |
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(a) |
for
the article 161 the following article was substituted
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161. |
(1) |
There
shall be an Elections Commission for Guyana consisting of
a Chairman and such other members as may be appointed in accordance
with the provisions of this article. |
Elections Commission. |
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(2) |
Subject
to the provisions of paragraph (4), the Chairman of the Elections
Commission shall be a person who holds or who has held office
as a judge of a court having unlimited jurisdiction in civil
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 Minority Leader after consultation with the
political parties represented in the National Assembly, other
than the party to which the President belongs:
Provided that if the Minority Leader 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. |
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(3) |
In
addition to the Chairman, there shall be six members of the
Commission who shall be appointed in the following manner
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(a) |
three
members to be appointed by the President, acting in his own
deliberate judgment; and |
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(b) |
three
members to be appointed by the President acting in accordance
with the advice of the Minority Leader tendered after consultation
with political parties represented in the National Assembly,
other than the party to which the President belongs. |
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(4) |
A
person shall be disqualified for the appointment as the Chairman
or other member of the Commission if he is an alien. |
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(5) |
The
Chairman or any other member of the Elections commission shall
vacate his office if any circumstances arise that, if he were
not a member of the Commission, would cause him to be disqualified
for appointment as such. |
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(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
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
consult the Minority Leader before tendering any advice
to the President under article 225
(4). |
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(7) |
If,
by reason of his illness, absence from Guyana, or suspension
under article 225,
the Chairman or any other member of the Elections Commission
is unable to perform his functions as such, a temporary Chairman
or other member, as the case may be, may be appointed in his
place. |
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(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
is appointed:
Provided that his appointment shall have
effect only for the period ending when the person in whose
place he has been appointed resumes his functions as, or
ceases to be, the Chairman or other member, as the case
may be, of the Commission. |
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(b) |
immediately
after article 161 there were inserted the following article
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161A. |
(1) |
Notwithstanding
the provisions of this Constitution the power to make appointments
to the offices mentioned in paragraph (2) and to remove and
to exercise disciplinary control over persons holding or acting
in such offices shall vest in the Elections Commission
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Appointment of persons by
Elections Commission. |
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(2) |
The
offices referred to in paragraph (1) are – |
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(a) |
those
offices to which persons are appointed under the Representation
of the People Act, namely – |
Cap. 1:08 |
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(i) |
Chief
Election Officer; |
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(ii) |
returning
officer; |
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(iii) |
deputy
returning officer; |
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(iv) |
election
clerk; |
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(v) |
presiding
officer; |
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(vi) |
assistant
presiding officer; |
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(vii) |
poll
clerk and other offices as may be necessary or desirable under
the said Act; |
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(b) |
those
offices to which persons are appointed under the National
Registration Act, namely – |
Cap. 1:08 |
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(i) |
Commissioner
of Registration; |
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(ii) |
Deputy
Commissioner of Registration; |
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(iii) |
district
supervisor; |
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(iv) |
registrar; |
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(v) |
deputy
registrar; |
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(vi) |
divisional
registrar and other offices as may be necessary or desirable
under the said Act. |
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(c) |
any
office, however styled, similar in nature and status to an
office referred to in the preceding sub-paragraph, appointment
to which is made under any written law relating to local government." |
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(3) |
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 to a person who holds an office mentioned
in paragraph (2)(a) (i) to (v) or (2)(b) (i) to (iv), the
power to appoint a person to an office mentioned in paragraph
(2) which is subordinate to the office of the person to whom
the power of appointment is delegated. |
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(4) |
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 (2) any person who
holds or is acting in any office, power to make appointments
to which is vested under this Constitution in the Judicial,
the Teaching, the Police or the Public Service Commission,
the Elections Commission or that member or other person shall
first seek and obtain the approval of the Commission in which
that power is vested. |
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(5) |
Where
a public officer is appointed to an office referred to in
paragraph (2) he shall, subject to paragraph (1), remain a
public officer. |
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(6) |
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 (2). |
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(c) |
for
article 226(5) thereof the following were substituted
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"(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 two-thirds of the number of other members (not
being temporary members) for the time being appointed to the
Commission:
Provided that if at any stage of a duly
summoned meeting a quorum is not present, due to the absence
of members therefrom without just cause, such absence of
just cause being determined by the Chairman, 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." |
