| 177. |
(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 as 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. |
Election
of President. |
|
(2) |
A
Presidential candidate shall be deemed to have been
elected as President and shall be so declared by the
Chairman of the Elections Commission – |
|
|
(a) |
if
he is the only Presidential candidate at the election;
or |
|
|
(b) |
where
there are two or more Presidential candidates, if more
votes are cast in favour of the list in which he is
designated as Presidential candidate than in favour
of any other list. |
|
(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 by greater
that 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) |
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 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 – |
|
|
(a) |
for
the conduct of elections to the office of President;
and |
|
|
(b) |
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
– |
|
|
(a) |
is
executed under the hand of the Chairman of the Elections
Commission and |
|
|
(b) |
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 inquired into in any court. |
| 178. |
(1) |
The
office of President shall become vacant if the person
holding it – |
Tenure
of office of President. |
|
|
(a) |
dies;
or |
|
|
(b) |
resigns
it by writing under his hand addressed to the Speaker;
or |
|
|
(c) |
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. |
|
(3) |
The
preceding paragraph applies to the offices of Speaker,
member, Clerk or Deputy Clerk of the National Assembly,
member of the National Congress of Local Democratic
Organs, any 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 function
of the office of President under article 96
or 179 or has assumed the office under the proviso to
article 95(1),
his 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. |
(1) |
If
the member 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 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 from among persons who are qualified
as medical practitioners under the law of Guyana, and
the board shall esquire 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 office. |
Removal
of President on grounds of incapacity. |
|
(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 office should be investigated
the President shall, until another person assumes the
office of President or the board appointed in pursuance
or paragraph (1) reports that the President is not incapable
of discharging the functions of his office (whichever
is the earlier), cease to perform the functions of his
office and those functions shall be performed by
– |
|
|
(a) |
the
Prime Minister; or |
|
|
(b) |
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 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. |
(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 – |
Removal
of President for violation of Constitution or gross
misconduct. |
|
|
(a) |
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 |
|
|
(b) |
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) – |
|
|
(a) |
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 appeal from any such
court; |
|
|
(b) |
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; |
|
|
(c) |
the
President shall have the right to appear and be represented
before the tribunal during its investigation of the
allegations against him. |
|
(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 three-quarters 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 if the
Assembly so resolves, the President shall cease to hold
office upon the third day following the passage of the
resolution unless he sooner dissolves Parliament. |
| 181. |
(1) |
The
President shall receive such salary and allowances as
may be prescribed under the provisions of article 222. |
Salary
and allowances of President. |
|
(2) |
A
person who has held the office of President shall receive
such pension or, upon the expiration of his 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. |
(1) |
Subject
to the provisions of article 180, the holder of the
office of President shall be personally answerable to
any court for the performance of the functions of his
office or for any act done in the performance of those
functions and no proceedings, whether criminal or civil,
shall be instituted against him in his personal capacity
in respect thereof either during his term of office
or thereafter. |
Immunities
of President. |
|
(2) |
Whilst
any person holds or performs the functions of the office
of President no criminal proceedings shall be instituted
or continued against him in respect of anything done
or omitted to be done by him in his private capacity
and no civil proceedings shall be instituted or continued
in respect of which relief is claimed against him for
anything done or omitted to be done in his 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. |
