| 89. |
|
There
shall be a President of the Co-operative Republic of
Guyana, who shall be Head of State, the supreme executive
authority, and Commander-in-Chief of the armed forces
of the Republic. |
Establishment
of office of President. |
| 90. |
|
A
person shall be qualified for election as President
and shall not be so qualified unless he – |
Qualifications
for election. |
| |
|
(a) |
is
a citizen of Guyana; and |
| |
|
(b) |
is
otherwise qualified to be elected as a member of the
National Assembly: Provided
that a person holding the office of President or otherwise
discharged the functions of that office shall not
on that account be disqualified for election as President. |
| 91. |
|
The
President shall be elected by the people in the manner
prescribed by article 177. |
Election
of President. |
| 92. |
|
A
person assuming the office of President in accordance
with the provisions of this Constitution shall, unless
his office sooner becomes vacant under article 178,
continues in office until the person elected to the
office of President at the next election held under
article 91 assumes office. |
Tenure
of office of President. |
| 93. |
|
The
President may be removed from office if he becomes physically
or mentally incapable of discharging the functions of
his office. The procedure for removing him and for ensuring
the continued discharge of the functions of his office
is prescribed by article 179. |
Removal
of President on grounds of incapacity. |
| 94. |
|
The
President may be removed from office if he commits any
violation of this Constitution or any gross misconduct.
The procedure for removing him is prescribed by article
180. |
Removal
of President for violation of Constitution or gross
misconduct. |
| 95. |
(1) |
During
any period when the office of the President is vacant
the office shall be assumed by – |
Vacancy
in office of President. |
| |
|
(a) |
the
Prime Minister: Provided
that if the vacancy occurs while the Prime Minister
is absent from Guyana or while he is by reason of
physical or mental infirmity unable to perform the
functions of his office, the functions of the office
of President shall, until the Prime Minister returns
or until he is again able to perform the functions
of his office, as the case may be, be discharged by
such, other Minister, being an elected member of the
National Assembly, as the Cabinet shall elect; or |
| |
|
(b) |
if
there is no Prime Minister, by such Minister being an
elected member of the national Assembly, as the Cabinet
shall elect; or |
| |
|
(c) |
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 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. |
(1) |
Whenever
the President is absent from Guyana or considers it
desirable so to do by reason of illness or any other
cause he may, 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 office of President as he may specify and the person
so authorised shall perform those functions until his
authority is revoked by the President or until the functions
are resumed by the President. |
Discharge
of functions of President during absence, illness, etc. |
| |
(2) |
If
the President is incapable by reason of physical or
mental infirmity of discharging the functions of his
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 – |
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|
(a) |
the
Prime Minister; or |
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|
(b) |
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 office, such other Minister, being an elected
member of the National Assembly, as the Cabinet shall
elect, or |
| |
|
(c) |
if
there is no Prime Minister and no Cabinet, 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 is notified by the President that the
President is about to resume those functions. |
| 97. |
(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. |
Oath
to be taken by President. |
| |
(2) |
The
provisions of the foregoing paragraph shall apply to
any person assuming the office of President or performing
the functions of thereof under article 95, 96 or 179,
as the case may be, as they apply to a person elected
as President. |
| 98. |
|
The
remuneration and immunities of the President shall be
regulated by articles 181,
182 and 222. |
Renumeration,
etc. of President. |
