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TITLE 5

THE EXECUTIVE

SUBTITLE 1

MINISTERS, etc.

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 -

(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 Parliament;.

(b) is not a member of the Assembly when the Assembly first meets after a dissolution of Parliament; or

(c) is, by virtue of article 156 (2)or (3) 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 it 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 Leader of the Opposition shall be elected by and from among the non-governmental members of the National Assembly at a meeting held under the chairmanship of the Speaker of the National Assembly, who shall not have the right to vote.

(2) The office of the Leader of the Opposition shall become vacant if -

Tenure of

office of

Ministers.

[14 of 2000]

Leader of the Opposition.

[ 2 of 2000]

[14 of 2000]

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(a) the holder thereof ceases to be a member of the Assembly for any cause other than the dissolution of Parliament;

(b) he is not a member of the Assembly when the Assembly first meets after the dissolution of Parliament;

(c) by virtue of article 156(2) or(3) he is required to cease to exercise his functions as a member of the Assembly; or

(d) his removal from office is effected under the provisions of the next following paragraph.

(3) Where one-third of the non-governmental members of the Assembly represent to the Speaker that the Leader of the Opposition no longer enjoys their confidence, the speaker shall call a meeting of all the non-governmental members at which it shall be decided whether the Leader of the Opposition shall be removed from office; the removal shall be effected by the votes of a majority of all the non-governmental members.

(4) The election and removal from office of the Leader of the Opposition shall be by a show of hands.

(5) For every reference in any provision in this Constitution to the term "Minority Leader" there shall be substituted the term "Leader of the Opposition" and any such provision shall be read and construed accordingly with such modification as may be necessary.

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.

(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 the Attorney General and the provisions of paragraphs (2) and (3) of article 183 shall apply to the office of the 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

Attorney

General.

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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 or if his appointment is revoked by the President.

(6) If the office of Attorney General is vacant or the holder of the office is for any reason unable to preform the functions thereof the President may appoint a person, being a person qualified under the 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.

(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 memberof 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 -

(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.

Functions of Director of

Public

Prosecutions.

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(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 sub-paragraphs (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 -

(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;

Prerogative

of Mercy.

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(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 -

(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 one 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.

Advisory

Council on

Prerogative

of Mercy.

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(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.

(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 be not obliged to act in accordance with the advice of the Advisory Council.

(3) The Advisory Council may regulate its own procedure.

Functions of

the Advisory Council.