| 99. |
(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 either directly or through officers
subordinate to him. |
Executive
authority of Guyana. |
|
(2) |
Nothing
in this article shall prevent Parliament from conferring
functions on persons or authorities other that the President. |
| 100. |
|
Subject
to the provisions of article 185,
there shall be an office of Prime Minister and such
offices of Vice-President and other offices of Minister
of the Government of Guyana as may be established by
Parliament or, subject to the provisions of any Act
of Parliament, by the President. |
Establishment
of office of Prime Minister and other Ministerial offices. |
| 101. |
(1) |
The
President shall appoint an elected member of the National
Assembly to be Prime Minister of Guyana. |
The
Prime Minister. |
|
(2) |
The
Prime Minister shall be the principal assistant of the
President in the discharge of his executive functions
and leader of Government business in the National Assembly. |
| 102. |
(1) |
The
President may appoint Vice-Presidents for the purpose
of assisting him in the discharge of his functions. |
Vice-Prseidents. |
|
(2) |
If
his 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 shall have precedence over any other Vice-President. |
| 103. |
(1) |
The
Prime Minister and every other Vice-President shall
be a Minister of the Government of Guyana. |
Ministers. |
|
(2) |
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 are qualified to be elected as such members. |
| 104. |
|
Articles
101(1) and 103(2) shall have effect in relation to any
period between a dissolution of Parliament and the day
on which the next election of members of the Assembly
is held pursuant to the provisions of article 61,
or between a dissolution of a regional democratic council
or of the National Congress of Local Democratic Organs
and the day on which the next election by that council
or by the Congress is held pursuant to the provisions
of paragraph (3) or (4) of article 60,
as the case may be, as if Parliament of that council
or the Congress, as the case may be, had not been dissolved. |
Ministerial
appointments during dissolution. |
| 105 |
|
A
Minister who was not an elected member of the Assembly
at the time of his appointment shall (unless he becomes
such a member) be a member of the Assembly by virtue
of holding the office of Minister but shall not vote
in the Assembly. |
Non-elected
Ministers to sit. |
| 106. |
(1) |
There
shall be a Cabinet for Guyana, which shall consist of
the President, the Prime Minister, the Vice-Presidents,
and such other Ministers as may be appointed to it by
the President. |
The
Cabinet. |
|
(2) |
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 – |
|
|
(a) |
the
President; |
|
|
(b) |
in
the absence of the President, the Prime Minister; or |
|
|
(c) |
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
of 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 were a member. |
| 107. |
|
The
President may assign to any Minister responsibility
for any business of the Government of Guyana, including
the administration of any department of Government,
and shall be charged with all responsibility not assigned
to any Minister: Provided
that authority to exercise any power or discharge
any duty that is conferred or imposed by any other
provision of this Constitution or by any other law
on any person or authority shall not be conferred
under this article. |
Allocation
of portfolios. |
| 108. |
|
The
office of a Minister shall become vacant in the circumstances
set out in article 183. |
Tenure
of office of Ministers. |
| 109. |
|
Whenever
any Minister is absent from Guyana or is unable by reason
of illness to perform his functions as Minister, the
President may authorise some other Minister to perform
those functions and that Minister may perform those
functions until they are resumed by the first mentioned
Minister or are assigned to another Minister pursuant
to the provisions of article 107. |
Minister's
absence or illness. |
| 110. |
(1) |
There
shall be an office of Minority Leader and appointments
thereto shall be made by the President. |
Minority
Leader. |
|
(2) |
Qualifications
for appointment to the office of Minority Leader and
other matters connected therewith are regulated by article
184. |
| 111. |
(1) |
In
the exercise of his functions under this Constitutions
or any other law, the President shall act in accordance
with his own deliberate judgment except in cases where,
by this Constitution or by any other law, he is required
to act in accordance with the advice or on the recommendation
of any person or authority. |
Exercise
of President's power. |
|
(2) |
Where
by this Constitution the President is directed to exercise
any function on the advice or recommendation of any
person or authority, he may, in accordance with his
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 shall act in accordance
with the original advice or recommendation. |
| 112. |
(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. |
Attorney
General. |
|
(2) |
Qualifications
for appointment to the office of Attorney General and
other matters connected therewith are regulated by article
185. |
| 113. |
(1) |
The
President may appoint Parliamentary Secretaries to assist
himself or Ministers in the discharge of their functions. |
Parliamentary
Secretaries. |
|
(2) |
Qualifications
for appointment to the office of Parliamentary Secretary
and other matters connected therewith are regulated
by article 186. |
| 114. |
|
Every
Minister and Parliamentary Secretary shall, before entering
upon the duties of his office, make and subscribe the
oath of office. |
Oaths
of Ministers, etc.. |
| 115. |
|
Where
the President or any Minister has been charged with
responsibility for any department of Government, he
shall exercise general direction and control over that
department; and, subject to such direction and control,
the department shall be under the supervision of a permanent
secretary, whose office shall be a public office:
Provided
that two or more government departments may be placed
under the supervision of one permanent secretary. |
Permanent
Secretaries. |
| 116. |
(1) |
There
shall be a Director of Public Prosecutions whose office
shall be a public office. |
Director
of Public Prosecutions. |
|
(2) |
The
functions of the Director of Public Prosecutions are
set out in article 187. |
| 117. |
(1) |
There
shall be a Secretary to the Cabinet whose office shall
be a public office. |
Secretary
to the Cabinet. |
|
(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 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. |
(1) |
Cabinet
may establish sub-committees of itself for the purpose
of attending to any of its responsibilities. |
Sub-committees
of Cabinet. |
|
(2) |
Cabinet
may in particular establish a finance subcommittee of
itself to be assisted by experts and advisers, including
the Auditor General, 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. |
|
Subject
to any provision made by Parliament, the President may
appoint standing committees consisting of such persons
as he may deem fit for the purpose of reviewing of examining
any aspect of national life and making recommendations
or otherwise reporting thereon to the Government of
to Parliament. |
Standing
Committees. |
| 120. |
|
Subject
to the provisions of this Constitution and of any other
law, the President may constitute offices for Guyana,
make appointments to any such office and terminate any
such appointment. |
Constitution
of offices. |
| 121. |
|
The
Prerogative of Mercy shall vest in the President and
shall be exercised by him in accordance with the provisions
of articles 191
to 196 (inclusive). |
Preogative
of Mercy. |
| 122. |
(1) |
There
shall be an Ombudsman for Guyana. |
Ombudsman. |
|
(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). |
