Constitution

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CHAPTER XI

THE JUDICATURE

THE SUPREME COURT OF JUDICATURE

122. A (1) All courts and all persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control.

(2) Subject to the provisions of articles 199 and 201, all courts shall be administratively autonomous and shall be funded by a direct charge upon the Consolidated Fund; and such courts shall operate in accordance with the principles of sound financial and administrative management.

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Independent Judiciary.

[6 of 2001]

Constitution

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123. (1) There shall be for Guyana a Supreme Court of Judicature consisting of a Court of Appeal and a High Court, with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.

(2) Each of those Courts shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(3) Parliament may confer on any court any part of thejurisdiction of and any powers conferred on the High Court by this Constitution or any other law.

(4) Parliament may make such provision as it deems fit authorising any court established, or to be established;as the final courtof appeal for the Caribbean to be the final court of appeal for Guyana.

(5) Where a court referred to in paragraph (4) is established and becomes the final Court of Appeal for Guyana, such court shall remain the final Court of Appeal for Guyana, unless Parliament, by a vote of no less than two-thirds of all the elected members of the Assembly, makes provision for Guyana to withdraw from such court.

124. The Judges of the Court of Appeal shall be the Chancellor, who shall be the President of the Court of Appeal, the Chief Justice and such number of Justices of Appeal as may be prescribed by Parliament.

Establishment of Supreme Court of Judicature.

[6 of 2001]

Constitution of Court of Appeal.

Constitution

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125. The Judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.

JUDGES OF THE SUPREME COURT OF JUDICATURE

126. Except as otherwise expressly provided or required by the context, in this Constitution the word "Judge" includes the Chancellor, the Chief Justice, a Justice of Appeal, a Puisne Judge and a part-time Judge.

127. (1) The Chancellor and the Chief Justice shall each be appointed by the President, acting after obtaining the agreement of the Leader of the Opposition.

(2) If the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his office, or if the person holding the office of Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as shall be appointed by the President after meaningful consultation with the Leader of the Opposition.

128. (1)The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President who shall act in accordance with the advice of the Judicial Service Commission;

(2) If -

(a) the office of any Judge is vacant;

(b) any such Judge is for any reason unable to perform the functions of his office;

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Appointment of Chancellor and Chief Justice.

[6 of 2001]

Appointment of Justices of Appeal and Puisne Judges.

[6 of 2001]

Constitution

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(c) any such Judge is acting as Chancellor or Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or

(d) the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires, the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require.

(3) The appointment of any person under the preceding paragraph to act in the office of a Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, acting in accordance with the advice of the Judicial Service Commission.

128A. (1) Part-time Judges may be appointed by the President, who shall act in accordance with the advice of the Judicial Service Commission.

(2) Parliament may by law determine the terms and conditions of appointment of part-time Judges.

129. (1) A person shall not be qualified to be appointed to hold or to act in the office of a Judge unless -

(a) he is or has been 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 appeals from any such court; or

(b) he is qualified for admission as an attorney-at-law in Guyana and has been so qualified for such period as may be prescribed byParliament.

(2) Parliament may prescribe different periods under subpara- graph (b) of the preceding paragraph in relation to the offices of the different judges mentioned in article 126.

Appointment of part-time Judges.

[6 of 2001]

Qualifications of Judges.

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130. (1)Parliament may make provision for the exercise of-

(a) the jurisdiction and powers of a Justice of Appeal by such Puisne Judge as may be requested by the Chancellor to sit as an additional Justice of Appeal at sittings of the Court of Appeal; and

(b) the jurisdiction and powers of a Puisne Judge by such Justice of Appeal as may be requested by the Chancellor to sit as an additional Puisne Judge.

(2) Article 132 shall not apply to a Justice of Appeal or a Puisne Judge in the carrying out by him of any function pursuant to paragraph (1).

131. Judges shall have full security of office as provided for in article 197.

132. A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of office.

APPEALS

133. (1) An appeal to the Court of Appeal shall lie as of right from decisions of the High Court in the following cases, that is to say -

(a) final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution; and

(b) final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which relates to the enforcement of fundamental rights and freedoms).

(2) Nothing in paragraph (1) shall apply to the matters for which provision is made by article 163.