GUYANA
ACT No. 2 of 1980 |
AN
ACT to enact a new Constitution of the Co-operative
Republic of Guyana, to repeal the Guyana Independence
Act 1966, the Guyana Independence Order 1966, and the
existing Constitution, and to provide for matters incidental
thereto or connected therewith. |
| Enacted
by the Parliament of Guyana:- |
A.D.
1980. |
| 1. |
This
Act may be cited as the Constitution of the Co-operative
Republic of Guyana Act 1980. |
Short
title. |
| 2. |
(1) |
In this Act – |
Interpretation. |
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"appointed day"
means the day fixed for the coming into operation of
the Constitution by a proclamation issued under section
4; |
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"the Constitution"
means the Constitution set out in the Schedule; |
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"the existing
Assembly" means the National Assembly constituted under
the existing Constitution; |
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"the existing
Constitution" means the Constitution in force immediately
before the appointed day; |
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"existing laws"
means all laws which had effect as part of the law of
Guyana immediately before the appointed day and includes
any Act or other written law made before that day and
coming into force on or after that day; |
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"the existing
Parliament" means the Parliament which enacted this
Act; |
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"service commission"
means the Public Service Commission, the Police Service
Commission, the Judicial Service Commission or the Teaching
Service Commission in existence immediately before the
appointed day; |
Cap.
39:07 |
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and, save where
the context otherwise requires, expressions used in
sections 1 to 22 (inclusive) have the same meaning as
in the Constitution and the provisions of article 232
thereof shall apply for the purpose of interpreting
those sections as they apply for the purpose of interpreting
the Constitution. |
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(2) |
References in
article 133 of the Constitution to any question as to
the interpretation of the Constitution shall be construed
as including references to any question as to the interpretation
of any provision of this Act. |
| 3. |
Subject
to the provisions of this Act, on the appointed day
all the provisions of the Guyana Independence Act 1966,
the Guyana Independence Order 1966 (in so far as they
form part of the law of Guyana) and the existing Constitution
are repealed and thereupon the Constitution shall have
effect as the supreme law of Guyana in place of the
existing Constitution. |
Constitutional
Instruments (including the existing Constitution) repealed. |
| 4. |
The
President shall by proclamation*
fix a day, being a day not later than 25th October,
1980, for the coming into operation of the Constitution. |
Appointed
day. |
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*
Proclamation No. 2 of 1980 fixed 6/10/80 for the coming
into operation of the Constitution. |
| 5. |
At
any time after the enactment of this Act, the existing
Parliament may for the purpose of enabling the Constitution
to function on and after the appointed day exercise
any of the powers conferred on the Parliament established
by the Constitution. |
Exercise
of powers of Parliament before appointed day. |
| 6. |
The
power conferred by section 7 (2) to make orders may
be exercised by the President under the existing Constitution
at any time after the enactment of this Act to such
extent as may, in his opinion, be necessary or expedient
to enable the Constitution to function on and after
the appointed day. |
Exercise
of powers of President before appointed day. |
| 7. |
(1) |
Subject
to the provisions of this Act, the existing laws shall
continue in force on and after the appointed day as
if they had been made in pursuance of the Constitution
but shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to
bring them into conformity with this Act. |
Existing
laws.
23 of 1990. |
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(2) |
The
President may by order made at any time within the period
of three years next after the commencement of the Constitution
make such modifications to any existing law as may appear
to him to be necessary or expedient for bringing that
law into conformity with the provisions of this Act
or otherwise for giving effect or enabling effect to
be given to those provisions. |
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(3) |
Anything
done under any existing law before its modification
by or under this section which would, but for this subsection,
cease by virtue of that modification to have effect,
shall continue to have effect as if done under that
law as so modified. |
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(4) |
Where
any matter that falls to be prescribed or otherwise
provided for under the Constitution by Parliament or
by any other authority or person is prescribed or provided
for by or under any existing law (including any amendment
to any such law made under this section) or is otherwise
prescribed or provided for immediately before the appointed
day by or under the laws repealed by section 3, that
prescription or provision shall, on and after that day,
have effect (with such modifications, adaptations, qualifications
and exceptions as may be necessary to bring it into
conformity with this Act) as if it had been made under
the Constitution by Parliament or, as the case may require,
by the other authority or person. |
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(5) |
All
enactments passed or made by any Parliament or person
or authority under or by virtue of the Guyana Independence
Order 1966 and the existing Constitution and not before
the appointed day declared by a competent court to be
void by reason of any inconsistency with any provision
of the existing Constitution and that are not repealed,
lapsed or spent or that had not otherwise had their
effect, shall be deemed to have been validly passed
or made and to have had full force and effect as part
of the law of Guyana immediately before the appointed
day even if any such enactments were inconsistent with
any provision of the existing Constitution. |
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(6) |
Without
prejudice to the generality of the foregoing provisions
of this section, if a proclamation of emergency is in
force under article 16 of the existing Constitution
immediately before the appointed day by virtue of a
resolution of the existing Assembly, the proclamation
shall on and after that day have effect as if it had
been made under article 150 of the Constitution and
(without prejudice to its continuance in force for further
periods by virtue of the provisions of paragraph (3)(c)
of the said article 150) as if its continuance in force
to the date referred to in that resolution had been
approved by a resolution passed by the National Assembly
under the provisions of paragraph (3)(c) of the said
article 150; and if any person is on the appointed day
detained or restricted in the manner referred to in
article 151 of the Constitution the provisions of that
article requiring his case to be reviewed by a tribunal
established for the purpose of that article not later
than three months from the commencement of the detention
or restriction shall, in relation to that person, have
effect as if the detention or restriction had commenced
on the appointed day. |
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(7) |
The
provisions of this section shall be without prejudice
to any powers conferred by any law upon any person or
authority to make provision for any matter, including
the making of modifications to any existing law. |
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(8) |
In
this section "modification" includes amendment, adaptation
or other alteration authorised by subsection (1).
AMENDED
by Act No. 23 of 1990 by deletion of Para. (9). |
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(9) |
[Deleted
by 23 of 1990.] |
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(10) |
For
so long as the legal profession in Guyana continues
to be divided into barristers and solicitors, any reference
in the Constitution to a lawyer, however described,
shall be deemed to be a reference to any advocate or
a legal adviser or a barrister or a solicitor, as the
case may be, in the corresponding provision of the existing
Constitution. |
| 8. |
(1) |
Notwithstanding
any difference between the composition of the existing
Assembly and that of the National Assembly established
by the Constitution, with effect from the appointed
day and until the National Assembly sits for the first
time after the first election held pursuant to the provisions
of article 60(2) of the Constitution, but subject to
subsection (5), the existing Assembly shall be deemed
to be the National Assembly established by the Constitution
(referred to in this section in respect of that period
as "the transitional National Assembly"). |
Parliament. |
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(2) |
Without
prejudice to the generality of subsection (1), the persons
who immediately before the appointed day were members
of the existing Assembly shall with effect from that
day be members of the transitional National Assembly,
and all questions concerning membership and functioning
of the transitional National Assembly shall be regulated
as nearly as may be practicable by the existing law
applicable in the like case to the existing Assembly. |
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(3) |
All
matters pending before the existing Assembly immediately
before the appointed day may be continued and completed
by the transitional National Assembly. |
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(4) |
Unless
and until the transitional National Assembly otherwise
resolves, any person who is a member of that Assembly
by virtue of subsection (2) shall be deemed to have
made and subscribed before the Assembly the oath referred
to in article 167 of the Constitution. |
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(5) |
Unless
sooner dissolved by the President pursuant to the provisions
of article 70(2) of the Constitution, the Parliament
constituted by the President and the transitional National
Assembly shall stand dissolved on 26th October, 1980. |
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(6) |
The
first election of members of the National Assembly pursuant
to the provisions of paragraphs (3) and (4) of article
60 of the Constitution shall be held on such day as
the President may by proclamation appoint, being a day
which he considers to be as early as practicable after
the holding of the first election of members of the
regional democratic council or of the National Congress
of Local Democratic Organs, as the case may be. |
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(7) |
All
moneys granted, voted or appropriated by the existing
Assembly in respect of the services of Guyana for the
current financial year shall be deemed to have been
granted, voted or appropriated by the National Assembly
established by the Constitution and in accordance with
the Constitution. |
| 9. |
The
rules and orders of the existing Assembly as in force
immediately before the appointed day shall, until it
is otherwise provided for under article 165 and article
173 of the Constitution, as the case may be, be the
rules of procedure of the National Assembly and of the
Supreme Congress of the People established under the
Constitution, but shall be construed with such modification,
adaptations, qualifications and exceptions as may be
necessary to bring them into conformity with the Constitution. |
Standing
Orders. |
| 10. |
(1) |
The
person who immediately before the appointed day holds
the office of Prime Minister under the existing Constitution
shall, subject to the provisions of article 97 of the
Constitution (relating to the taking of an oath by the
President), assume office as President of the Co-operative
Republic of Guyana that day as if he had been elected
thereto in pursuance of the provisions of the Constitution
and shall, unless he sooner dies or resigns or unless
he ceases to hold office by virtue of articles 93 and
94 of the Constitution, continue in office until the
person elected President in the next following Presidential
election held for the purposes of article 91 of the
Constitution assumes office. |
President. |
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(2) |
On
the assumption of his office pursuant to subsection
(1) the first President of Guyana shall cease to be
a member of the National Assembly and his seat shall
thereby become vacant and may be filled as nearly as
practicable in accordance with the provisions of article
70 of the existing Constitution. |
| 11. |
Until
a Prime Minister is appointed under article 101 of the
Constitution, the person who immediately before the
appointed day holds the office of Minister under the
existing Constitution which, however styled, ranks next
in seniority after the office of Prime Minister and
who is an elected member of the existing Assembly shall,
on and after that day, hold the office of Prime Minister
as if he had been appointed thereto under that article. |
Prime
Minister. |
| 12. |
(1) |
Subject
to the provisions of sections 10 and 11, the persons
who Ministers, immediately before the appointed day
held office as Minister (other than as Prime Minister),
Attorney General, Parliamentary Secretary, Speaker,
Deputy Speaker or Leader of the Opposition shall, on
and after that day, hold the corresponding office Secretaries,
etc. established by the Constitution as if they had
been appointed or elected thereto, as the case may be,
in accordance with the provisions of the Constitution. |
Ministers,
Attorney General, Parliamentary Secretaries, etc. |
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(2) |
Any
person holding the office of Prime Minister or of Minister
by virtue of the provisions of section 11 or of subsection
(1) of this section respectively who, immediately before
the appointed day, was assigned responsibility under
the existing Constitution for any business of the Government
of Guyana, including the administration of any department
of Government, shall, on and after that day, be deemed
to have been assigned responsibility therefor under
article 107 of the Constitution. |
| 13. |
Subject
to paragraph (1) of article 106 of the Constitution,
every person who does not otherwise become a member
of the Cabinet established by the Constitution but who
immediately before the appointed day is a member of
the Cabinet under the existing Constitution shall on
and after that day be a member of the Cabinet established
by the Constitution as if he had been appointed thereto
under that paragraph. |
Cabinet. |
| 14. |
(1) |
The
Supreme Court of Judicature in existence immediately
before the appointed day shall on and after that day
be the Supreme Court of Judicature for the purposes
of the Constitution as if it were established thereunder. |
Supreme
Court of Judicature. |
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(2) |
Any
decision given before the appointed day by any court
forming part of the Supreme Court of Judicature in existence
immediately before that day shall, for the purpose of
its enforcement or for the purpose of any appeal therefrom,
have effect on and after that day as if it were a decision
of the corresponding court established by the Constitution. |
| 15. |
(1) |
Subject
to the Provisions of this Act, every person who immediately
before the appointed day holds or is acting in a public
office shall, on and after that day, hold or act in
that office or the corresponding office established
by the Constitution, as the case may be, as if he had
been appointed to do so in accordance with the provisions
of the Constitution. Provided
that any person who, under the laws repealed by section
3 or any other existing law, would have been required
to vacate his office at the expiration of any period
shall vacate his office at the expiration of that
period. |
Existing
Officers. |
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(2) |
Subsection
(1) shall apply in relation to the offices of Chancellor,
Chief Justice, Justice of Appeal, Puisne Judge, Ombudsman,
Clerk and Deputy Clerk of the National Assembly and,
subject to section 17, to the offices of Chairman, Deputy
Chairman (if any) and member of the Judicial Service
Commission, the Public Service Commission, the Police
Service Commission, the Teaching Service Commission
and the Elections Commission as if those officers were
public offices. |
| 16. |
Any
person who holds or acts in any office on the appointed
day by virtue of the provisions of section 11, 12 or
15 shall be deemed to have taken any necessary oath
under the Constitution or any other law: Provided
that the President may, at any time on or after the
appointed day, require any such person to take any
oath required as aforesaid. |
Oaths. |
| 17. |
(1) |
Until
the expiration of the period of three months next after
the day on which the first election after the appointed
day has been held pursuant to the provisions of article
61 of the Constitution or until dissolved by a proclamation
issued by the President, whichever shall the sooner
occur, the service commissions and the Elections Commission
as constituted immediately before the appointed day
shall on and after that day be deemed to be the corresponding
commissions under the Constitution notwithstanding any
difference in composition under the existing law and
under the Constitution, and any appointments to vacancies
in membership and other matters relating thereto shall
be made and regulated as nearly as may be practicable
in accordance with the existing law. |
Commissions. |
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(2) |
Any
power of a service commission which immediately before
the appointed day is validly delegated to any person
or authority shall, to the extent that that power could
be delegated under the Constitution to such person or
authority be deemed, on and after that day, to have
been delegated to that person or authority in accordance
with the provisions of the Constitution. |
| 18. |
Where
any proceedings are pending immediately before the appointed
before any court, body or authority in respect of which
a corresponding court, body or authority is established
by or under the Constitution, those proceedings may
on and after that day be continued and completed by
or before such corresponding court, body or authority
as if they had been commenced in or before such corresponding
court, body or authority: Provided
that in the case of any proceedings before any court,
tribunal or the Ombudsman (including any disciplinary
proceedings) where the hearing was partly completed
immediately before the appointed day (in this section
referred to as "the original hearing"), no person
shall take part in the continued hearing, either as
the sole or other member, as the case may be, of the
corresponding court, body or authority established
by or under the Constitution unless he has also taken
part in the original hearing, and where the original
hearing cannot be so continued the hearing shall be
recommenced. |
Continuation
of proceedings. |
| 19. |
Any
local government authority in existence immediately
before the appointed day shall be deemed to be a local
democratic organ for the purposes of the Constitution
as if it were constituted thereunder. |
Local
democratic organs. |
| 20. |
Notwithstanding
anything contained in the Constitution, sections 2 and
3 of the Amerindian Lands Commission Act as in force
immediately before the appointed day may be amended
by Parliament only in the same manner as the provisions
specified in article 164(2)(b) of the Constitution. |
Amendment
of certain provisions of Amerindian Lands Commission
Act.
Cap. 59:03. |
| 21. |
(1) |
The
polling districts and divisions constituted any existing
law in relation to elections of members of the existing
Assembly shall be deemed to be the polling districts
and divisions for the purposes of elections to be held
under article 60(2) of the Constitution subject to any
amendments duly made thereto under such law. |
Electoral
districts and list of electors. |
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(2) |
The
list of electors last prepared before the appointed
day for the purposes of holding elections of members
of the existing Assembly shall, subject to any further
revision in accordance with law, be deemed to be the
list of electors prepared by the Elections Commission
under article 162 of the Constitution for the purposes
of article 60(2) thereof. |
| 22. |
(1) |
Parliament
may amend section 3 and this section in the same manner
as it may alter any of the provisions specified in article
164(2)(a) of the Constitution. |
Amendment
of this Act. |
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(2) |
Parliament
may amend any other provision of this Act, with the
exception of the Schedule thereto, in the same manner
as it may alter any of the provisions specified in article
164(2)(b) of the Constitution. |
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(3) |
Article
164(3) of the Constitution shall apply for the purpose
of construing references in this section to any provision
of this Act and to the alteration of any such provision
as it applied for the purpose of construing references
in the said article 164 to any provision of the Constitution
and to the alteration of any such provision. |
