| 224. |
|
Where
under this Constitution any provision may be made by rules
of court, rules for the purpose may be made by the authority
for the time being empowered generally, by law in force in
Guyana, to make rules of court in relation to civil proceedings
in the High Court or, in so far as the provision relates to
the bringing of any appeal to, or the institution of other
proceedings in, or the practice and procedure of, the Court
of Appeal, by the authority so empowered in relation to civil
proceedings in that Court. |
Rules
of court. |
| 225. |
(1) |
Where
it is provided in this Constitution that this article shall
apply to any office, a person holding such office (in this
article referred to as "the office") shall not be removed
therefrom or suspended from the exercise of the functions
thereof except in accordance with the provisions of this article;
and the prescribed authority for the purpose of paragraph
(4) or (6) shall, in relation to any office, be the authority
prescribed for that purpose by the provision of this Constitution
by which this article is applied to that office. |
Removal
from office of certain persons. |
| |
(2) |
The
officer may be removed from office only for inability to discharge
the functions of his office (whether arising from infirmity
of body or mind of any other cause whatsoever) or for misbehaviour. |
| |
(3) |
The
officer shall be removed from office by the President if the
question of his removal from office has been referred to a
tribunal appointed under this article and the tribunal has
recommended to the President that the officer ought to be
removed from office for inability as aforesaid or for misbehaviour. |
| |
(4) |
If
the prescribed authority advises the President that the question
of removing the officer from office under this article ought
to be investigated then – |
| |
|
(a) |
the
President shall appoint a tribunal which shall consist of
a Chairman and not less than two other members, selected by
the President after consultation with the Judicial Service
Commission 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 in civil and criminal matters in
some part of the Commonwealth or a court having jurisdiction
in appeals from any such court or who are qualified to be
admitted to practise in Guyana as attorneys-at-law and have
been so qualified for such period as is prescribed by Parliament
for the purposes of subparagraph (b) or article 129(1)
in relation to the office of Puisne Judge; and |
| |
|
(b) |
that
tribunal shall enquire into the matter and report on the facts
thereof to the President and recommend to him whether the
officer ought to be removed to him whether the officer ought
to be removed under this article. |
| |
(5) |
The
provisions of the Commissions of Inquiry Act as in force immediately
before the commencement of this Constitution shall, subject
to the provisions of this article and article 197(9),
apply as nearly as may be in relation to tribunals appointed
under this article, or, as the context may require, to the
members thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and in such application
shall have effect as if they formed part of this Constitution. |
| |
(6) |
If
the question of removing the officer from office has been
referred to a tribunal under this article, the President,
acting in accordance with the advice of the prescribed authority,
may suspend the officer from performing the functions of his
office, and any such suspension may at any time be revoked
by the President, acting in accordance with such advice as
aforesaid, and shall in any case cease to have effect if the
tribunal recommends to the President that the officer should
not be removed from office. |
| 226. |
(1) |
Save
as otherwise provided in this Constitution, in the exercise
of its functions under this Constitution a Commission shall
not be subject to the direction or control of any other person
or authority. |
Powers
and procedures of Commissions. |
| |
(2) |
The
President may, after consulting a Commission, make rules relating
to the procedure of the Commission and to disciplinary offences
within the jurisdiction of the Commission, including the punishments
for such offences and the procedure relating thereto, and,
subject to any rules so made, the Commission may regulate
its own procedure. |
| |
(3) |
A
Commission may, subject to the next following paragraph, act
notwithstanding any vacancy in its membership of the absence
of any member and its proceedings shall not be invalidated
by the presence or participation of any person not entitled
to be present at or to participate in those proceedings. |
| |
(4) |
Any
question for decision by a Commission shall be determined
by a majority of the votes of the members of the Commission
present and voting at a meeting of the Commission at which
a quorum is present, and if on any question the votes are
equally divided, the Chairman or other member presiding shall
have a casting vote in addition to his original vote:
Provided that, where the votes
are equally divided on the question whether any power to
remove a public officer from his office should be exercised,
the Chairman or other member presiding shall not have a
casting vote and the Commission shall be deemed to have
decided that the power should not be exercised.
|
| |
(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 representative members
(not being temporary members) for the time being appointed
to the Commission and, in the case of any other Commission,
of such members of the Commission as may be prescribed by
the rules of procedure of the Commission:
Provided that if, in the case of
the Elections Commission, the number of such representative
members is two, the Chairman and one such member shall constitute
a quorum.
|
| |
(6) |
Any
question whether – |
| |
|
(a) |
a Commission
has validly performed any function vested in it by or under
this Constitution; |
| |
|
(b) |
any member
of a Commission or any other person has validly performed
any function delegated to such member or person by a Commission
in pursuance of the provisions of this Constitution; or |
| |
|
(c) |
any member
of a Commission or any other person has validly performed
any other function in relation to the work of the Commission
or in relation to any such function as is referred to in the
preceding subparagraph, shall not be enquired into in any
court. |
| |
(7) |
In
this article, except as otherwise provided or required by
the context, the expression "Commission" means the Elections
Commission, the Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission, or the Police
Service Commission:
Provided that (without prejudice
to the power of Parliament to make provision in relation
to the functions of the Elections Commission) in the preceding
paragraph that expression does not include the Elections
Commission.
|
| 227. |
|
Notwithstanding
any provision of this Constitution relating to the making
of appointments to, removal of persons from, or the vacation
of, any office, Parliament may provide for the imposition
or disqualification for any office prescribed by Parliament
on any person convicted by a court of any offence relating
to excitement of hostility or ill-will against any person
or class or persons on the grounds of his or their race. |
Disqualification
from office of persons exciting racial hostility. |
