| 183. |
(1) |
The
office of a Minister who was not an elected member of
the Assembly at the time of his appointment and has
not subsequently become such a member shall become vacant
if the holder of the office – |
Tenure
of office of Ministers. |
|
|
(a) |
ceases
to be a citizen of Guyana; or |
|
|
(b) |
if
he becomes disqualified for election as a member of
the Assembly by virtue of article 155
or of any law enacted in pursuance thereof. |
|
(2) |
The
office of any other Minister shall become vacant if
the holder of the office – |
|
|
(a) |
ceases
to be a member of the Assembly for any cause other than
a dissolution of Parliament or of a regional democratic
council or of the National Congress of Local Democratic
Organs or the operation of the provisions of article
156(1)(h); |
|
|
(b) |
is
not a member of the Assembly when the Assembly first
meets after a dissolution of Parliament or after the
holding of an election pursuant to the provisions of
paragraph (3) or (4) of article 60;
or |
|
|
(c) |
is,
by virtue of article 156(2),
required to cease to perform his functions as a member
of the Assembly. |
|
(3) |
The
office of any Minister shall become vacant – |
|
|
(a) |
if
he resigns if by writing under his hand addressed to
the President; |
|
|
(b) |
if
the President so directs; or |
|
|
(c) |
on
the election of any person to the office of President
pursuant to the provisions of article 177. |
| 184. |
(1) |
The
President shall, if the person concerned is willing
to be appointed, appoint as Minority Leader the elected
member of the National Assembly who, in his judgment,
is best able to command the support of a majority of
those elected members who do not support the Government:
Provided
that this paragraph shall have elect 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 under 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. |
Minority
Leader. |
|
(2) |
The
office of Minority Leader shall become vacant if
– |
|
|
(a) |
the
holder thereof ceases to be a member of the Assembly
for any cause other than a dissolution of Parliament
or of a regional democratic council or of the National
Congress of Local Democratic Organs of the operation
of the provisions of article 156(1)(h); |
|
|
(b) |
he
is not a member of the Assembly when the Assembly first
meets after a dissolution or Parliament of after the
holding of an election pursuant to the provisions of
paragraph (3) or (4) of article 60; |
|
|
(c) |
by
virtue of article 156(2)
he is required to cease to exercise his functions as
a member of the Assembly; or |
|
|
(d) |
his
appointment is revoked under the provisions of the next
following paragraph. |
|
(3) |
If,
in the judgment of the President, the Minority Leaders
no longer the member of the Assembly best able to command
the support of a majority of those elected members of
the Assembly who do not support the Government, the
President shall revoke the appointment of the Minority
Leader. |
|
(4) |
Whenever
the office of Minority Leader is vacant by reason of
the fact that the person qualified for appointment thereto
is not willing to be appointed, any provision of this
Constitution that requires any person or authority to
perform any function after consultation with the Minority
Leader shall, in so far as it contains that requirement,
be of no effect. |
| 185. |
(1) |
A
person shall not be qualified to be appointed as Attorney
General unless he holds such qualifications as may be
prescribed by Parliament and is a citizen of Guyana. |
Attorney
General. |
|
(2) |
If
the Attorney General is an elected member of the National
Assembly at the time of his appointment or subsequently
becomes such a member, he shall be a Minister by virtue
of holding the office of Attorney General and the provisions
of paragraphs (2) and (3) of article 183 shall apply
to the office of Attorney General. |
|
(3) |
If
the Attorney General is not an elected member of the
Assembly but is qualified to be elected as such a member,
he may be appointed by the President to be a Minister. |
|
(4) |
If
an Attorney General appointed to be a Minister under
the preceding paragraph resigns his office as Attorney
General he shall also vacate his office as a Minister. |
|
(5) |
If
the Attorney General is not a Minister he shall vacate
his office if he ceases to be a citizen of Guyana of
if his appointment is revoked by the President. |
|
(6) |
If
the office of Attorney General is vacant of the holder
of the office is for any reason unable to perform the
functions thereof the President may appoint a person,
being a person qualified under paragraph (1), to act
in the office, but the provisions of paragraphs (2)
and (3) shall not apply to a person so appointed. |
|
(7) |
An
appointment under the preceding paragraph shall cease
to have effect when it is revoked by the President. |
| 186. |
(1) |
Parliamentary
Secretaries may be appointed from among persons who
are elected members of the National Assembly or are
qualified to be elected as such members. |
Parliamentary
Secretaries. |
|
(2) |
Paragraph
(1) 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 as
if Parliament had not been dissolved. |
|
(3) |
A
Parliamentary Secretary 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 Parliamentary
Secretary but shall not vote in the Assembly. |
|
(4) |
The
provisions of article 183 shall apply to the office
of a Parliamentary Secretary as they apply to the office
of a Minister. |
| 187. |
(1) |
The
Director of Public Prosecutions (referred to in this
article as "the Director") shall have power in any case
in which he considers it desirable so to do – |
Functions
of Director of Public Prosecutions. |
|
|
(a) |
to
institute and undertake criminal proceedings against
any person before any court, other than a court-martial,
in respect of any offence against the law of Guyana; |
|
|
(b) |
to
take over and continue any such criminal proceedings
that may have been instituted by any other person or
authority; and |
|
|
(c) |
to
discontinue at any stage before judgment is delivered
any such criminal proceedings instituted or undertaken
by him or any other person or authority. |
|
(2) |
The
powers of the Director under the preceding paragraph
may be exercised by him in person or through other persons
acting under and in accordance with his general or special
instructions. |
|
(3) |
The
powers conferred upon the Director by subparagraphs
(b) and (c) of paragraph (1) shall be vested in him
to the exclusion of any other person or authority:
Provided
that, where any other person or authority has instituted
criminal proceedings, nothing in this paragraph shall
prevent the withdrawal of those proceedings by or
at the instance of that person or authority and with
the leave of the court. |
|
(4) |
In
the exercise of the powers conferred upon him by this
article the Director shall not be subject to the direction
or control of any other person or authority. |
|
(5) |
For
the purposes of this article, any appeal from any determination
in any criminal proceedings before any court, or any
case stated or question of law reserved for the purposes
of any such proceedings, to any other court in Guyana
shall be deemed to be part of those proceedings. |
| 188. |
(1) |
The
President may – |
Perogative
of Mercy. |
|
|
(a) |
grant
to any person concerned in or convicted of any offence
under the law of Guyana, a pardon, either free or subject
to lawful conditions; |
|
|
(b) |
grant
to any person a respite, either indefinite, or for a
specified period, of the execution of any punishment
imposed on that person for such an offence; or |
|
|
(c) |
substitute
a less severe form of punishment for any punishment
imposed on any person for such an offence; or |
|
|
(d) |
remit
the whole or any part of any punishment imposed on any
person for such an offence or of any penalty or forfeiture
otherwise due to the State on account of such an offence. |
|
(2) |
Subject
to the provisions of the next following paragraph, the
powers of the President under the preceding paragraph
shall be exercised by him after consultation with such
Minister as may from time to time be designated by him. |
|
(3) |
In
addition to the Minister designated generally under
the preceding paragraph, a second Minister may, in the
manner prescribed in that paragraph, be specially designated
in relation to persons convicted by courts-martial under
the law of Guyana; and at any time when there is a second
Minister so designated, the powers of the President
under paragraph (1) shall, in relation to such persons,
be exercised after consultation with that other Minister. |
| 189. |
(1) |
There
shall be an Advisory Council on the Prerogative of Mercy,
which shall consist of – |
Advisory
Council on Perogative of Mercy. |
|
|
(a) |
the
Minister for the time being designated under paragraph
(2) of the preceding article, who shall be Chairman; |
|
|
(b) |
the
Attorney General (if he is not the Chairman); and |
|
|
(c) |
not
less than three and not more than five other members,
who shall be appointed by the President, and of whom
at least on shall be a person who is a qualified medical
practitioner. |
|
(2) |
A
person shall not be qualified to be appointed as a member
of the Advisory council under subparagraph (c) of the
preceding paragraph if he is a member of the national
Assembly; and not less than three of the members so
appointed shall be persons who are not public officers. |
|
(3) |
A
member of the Advisory Council appointed under the said
subparagraph (c) shall hold office for three years:
Provided
that his seat on the Council shall become vacant
– |
|
|
(a) |
if
he becomes a member of the Assembly or if, not having
been a public officer at the time of his appointment,
he becomes such an officer; or |
|
|
(b) |
if
he is removed from office by the President for inability
to discharge the functions of his office (whether arising
from infirmity of mind or body or any other cause whatsoever)
or for misbehaviour. |
| 190. |
(1) |
Where
under the law of Guyana any person has been sentenced
to death by any court other than a court-martial for
any offence against that law, the Minister designated
under article 188(2) shall cause a written report of
the case from the trial judge, together with such other
information derived from the record of the case or elsewhere
as the Minister may require, to be taken into consideration
at a meeting of the Advisory Council; and after obtaining
the advice of the Council the Minister shall express
his own deliberate opinion to the President as to whether
he should exercise any of his powers under that article
in relation to that person. |
Functions
of Advisory Council. |
|
(2) |
The
Minister designated under article 188(2) may consult
the Advisory Council before expressing any opinion to
the President under that provision in any case not falling
within the preceding paragraph, but shall not be obliged
to act in accordance with the advice of the Advisory
Council. |
|
(3) |
The
Advisory Council may regulate its own procedure. |
| Subtitle
2 |
| The
Ombudsman |
| 191. |
(1) |
The
Ombudsman shall be appointed by the President acting
after consultation with the Minority Leader. |
Appointment,
etc. of Ombudsman. |
|
(2) |
The
Ombudsman shall not perform the functions of any public
office and shall not, without the approval of the President
in each particular case, hold any other office of emolument,
other than his office as Ombudsman, or engage in any
occupation for reward outside the duties of his office. |
|
(3) |
Subject
to the provisions of the next following paragraph, a
person holding the office of Ombudsman shall vacate
that office at the expiration of four years from the
date of his appointment. |
|
(4) |
The
provisions of article 225
(which relate to removal from office) shall apply to
the office of Ombudsman, and for the purposes of paragraphs
(4) and (6) of that article the prescribed authority
shall be the Prime Minister. |
| 192. |
(1) |
Subject
to the provisions of this article, the Ombudsman may
investigate any action taken by any department of Government
or by any other authority to which this article applies,
or by the President, Ministers, officers or members
of such a department or authority, being action taken
in exercise of the administrative functions of that
department or authority. |
Matters
subject to investigation by the Ombudsman. |
|
(2) |
The
Ombudsman may investigate any such action as aforesaid
in any of the following circumstances, that is to say
– |
|
|
(a) |
If
a complaint in respect of the action is duly made to
the Ombudsman by any person or body of persons, whether
incorporated or not, alleging that the complainant has
sustained injustice in consequence of a fault in administration; |
|
|
(b) |
if
the President, a Minister of a member of the National
Assembly or of the National Congress of Local Democratic
Organs requests the Ombudsman to investigate the action
on the ground that a person or body of persons specified
in the request has or may have sustained such injustice; |
|
|
(c) |
in
any other circumstances in which the Ombudsman considers
that he ought to investigate the action on the ground
that some person or body of persons has or may have
sustained such injustice. |
|
(3) |
The
Ombudsman shall not investigate under this Subtitle
– |
|
|
(a) |
any
action in respect of which the complainant has or had
– |
|
|
|
(i) |
a
remedy by way of proceedings in a court; or |
|
|
|
(ii) |
a
right of appeal, reference or review to or before an
independent and impartial tribunal other than a court;
or |
|
|
(b) |
any
such action, or action taken with respect to any such
matter, as is excluded from investigation under article
193: Provided
that the Ombudsman – |
|
|
|
(i) |
may
conduct an investigation notwithstanding that the complainant
has or had a remedy by way of proceedings in a court
if satisfied that in the particular circumstances it
is not reasonable to expect him to take or to have taken
such proceedings; |
|
|
|
(ii) |
shall
not in any case be precluded from conducting an investigation
in respect of any matter by reason only that it is open
to the complainant to apply to the High Court for redress
under article 153(1)
(which related to redress for contraventions of provisions
for the protection of fundamental rights and freedoms). |
|
(4) |
In
determining whether to initiate, continue or discontinued
an investigation under this Subtitle the Ombudsman shall,
subject to the foregoing provision s of this article,
act in accordance with his individual judgment and in
particular, and without prejudice to the generality
of the foregoing, he may refuse to initiate, or may
discontinue, any investigation if it appears to him
that – |
|
|
(a) |
the
complaint relates to action of which the complainant
has had knowledge for more than twelve months before
the complaint was received by the Ombudsman; |
|
|
(b) |
the
subject matter of the complaint is trivial; |
|
|
(c) |
the
complaint is frivolous or vexatious or is not made in
good faith; or |
|
|
(d) |
the
complainant has not a sufficient interest in the subject
matter of the complaint. |
|
(5) |
The
authorities other than departments of Government to
which this article applies are – |
|
|
(a) |
any
authority empowered to determine the person with whom
any contract or class of contracts shall be entered
into by or on behalf of the Government of Guyana; and |
|
|
(b) |
such
other authorities as may be prescribed by Parliament. |
|
|
Amended
by Act No. 17 of 1984 by insertion in paragraph (6)
of the words "the Public Service Appellate Tribunal": |
|
(6) |
For
the purposes of this article the Public Service Appellate
Tribunal, the Judicial Service Commission, the Public
Service Commission, the Teaching Service Commission
and the Police Service Commission shall not be regarded
as departments of Government. |
17
of 1984. |
|
(7) |
For
the purposes of paragraph (2) (a) a complaint may be
made be a person aggrieved himself or, if he is dead
or for any reason unable to act for himself, by any
person duly authorised to represent him. |
|
(8) |
Any
question whether a complaint or a request for an investigation
is duly made under this Subtitle or any law enacted
in pursuance of article 195 shall be determined by the
Ombudsman. |
|
(9) |
Where
a complaint or request for an investigation is duly
made as aforesaid and the Ombudsman decides no to investigate
the action to which the complaint or request relates
or to discontinue an investigation of that action, he
shall inform the person or body of persons who made
the complaint or request of his decision. |
|
(10) |
In
this article and in article 193 "action" includes failure
to act and "action taken" shall be construed accordingly. |
| 193. |
|
The
Ombudsman shall not investigate any such action, or
action taken with respect to any such matter, as is
described here under: |
Excluded
matters. |
|
|
|
(i) |
matters
certified by the President or a Minister to affect relations
or dealings between the Government of Guyana and any
other Government or any international organisation; |
|
|
|
(ii) |
action
taken for the purposes of protecting the security of
the State of investigating crime, including action taken
with respect to passports for either of those purposes; |
|
|
|
(iii) |
the
commencement or conduct of civil or criminal proceedings
in any court; |
|
|
|
(iv) |
action
taken in respect of appointments to offices or other
employment in the service of the Government of Guyana
or appointments made by or with the approval of the
President or any Minister, and action taken in relation
to any person as the holder or former holder of any
such office, employment or appointment; |
|
|
|
(v) |
action
taken with respect to orders or directions to any disciplined
force or member thereof as defined in article 154; |
|
|
|
(vi) |
the
exercise of the powers conferred by article 188; |
|
|
|
(vii) |
the
grant of honours, awards or privileges within the gift
of the President; |
|
|
|
(viii) |
action
taken in matters relating to contractual or other commercial
dealings with members of the public other than action
by an authority mentioned in subparagraph (a) or article
192(5); |
|
|
|
(ix) |
action
taken in any country outside Guyana by or on behalf
of any officer representing the Government of Guyana
or any officer of that Government; |
|
|
|
(x) |
any
action which by virtue of any provision of this Constitution
may not be inquired into by any court. |
| 194. |
(1) |
After
conducting an investigation under this Subtitle the
Ombudsman shall inform the department or authority concerned
of the result of that investigation and, if he is of
the opinion that any person or body of persons has sustained
injustice in consequence of a fault in administration,
he shall inform that department or authority of the
reasons for that opinion and may make such recommendations
for action by that department or authority as he thinks
fit. |
Ombudsman's
functions on concluding an investigation, and reports
to the Assembly. |
|
(2) |
After
conducting an investigation under this Subtitle in pursuance
of a complaint or a request for an investigation made
by the President, a Minister or a member of the National
Assembly or of the National Congress of Local Democratic
Organs, the Ombudsman shall – |
|
|
(a) |
if
he is of the opinion that the complainant or, in the
case of an investigation conducted in pursuance of such
a request, the person or body of persons specified in
the request has sustained injustice in consequence of
a fault in administration, inform the person or body
of persons who made the compliant or request that he
is of that opinion and the nature of the injustice that
he considers has been sustained; |
|
|
(b) |
if
he is of the opinion that the complainant or, in the
case of an investigation conducted in pursuance of such
a request, the person or body of persons specified in
the request has not sustained injustice, inform the
person or body of persons who made the complaint or
request that he is of that opinion and the reason therefor. |
|
(3) |
Where
the Ombudsman has made a recommendation under paragraph
(1) and within a reasonable time thereafter no action
has been taken which appears to the Ombudsman adequately
to remedy the injustice, he may lay before the Assembly
a special report on the case. |
|
(4) |
The
Ombudsman shall annually law before the Assembly a general
report on the performance of his functions under this
Subtitle. |
| 195. |
|
Parliament
may make provision for such supplementary and ancillary
matters as may appear necessary or expedient in consequence
of any of the provisions of this Subtitle including
(without prejudice to the generality of the foregoing
power) provision – |
Power
of Parliament to make supplementary provision. |
|
|
(a) |
for
the procedure to be observed by the Ombudsman in performing
his functions; |
|
|
(b) |
for
the manner in which complaints and requests for investigation
shall be made to the Ombudsman and for the payment of
fees in respect of any complaint or investigation; and |
|
|
(c) |
for
the powers, duties and privileges of the Ombudsman or
of other persons or authorities with respect to the
obtaining or disclosure of information for the purposes
of any investigation or report by the Ombudsman. |
| 196. |
|
In
this Subtitle – |
Interpretation. |
|
|
|
"complainant"
means the person or body of persons by or on whose behalf
a complaint under this Subtitle is made; and |
|
|
|
"fault
in administration" includes, without prejudice to its
generality, any contravention of article 149
(which relates to discrimination on grounds of race,
place of origin, political opinions, colour or creed). |
