An assumption of the office of President under this article shall terminate, if it has not previously terminated, when a person who has been elected to the office in accordance with the provisions of article assumes the office. Whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he may, by direction in writing, authorise any member of the Cabinet, being an elected member of the National Assembly, to perform such of the functions of office of President as he may specify and the person so authorised shall perform those functions until his authority is revoked by the President or until the functions are resumed by the President.

Any person performing the functions of the office of President by virtue of paragraph 2 shall cease to perform those functions if he is notified by the President that the President is about to resume those functions. A person elected as President shall assume the office of President upon being elected but shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the Chancellor or such other Judge of the Supreme Court of Judicature as may be designated by the Chancellor.

The provisions of the foregoing paragraph shall apply to any person assuming the office of President or performing the functions of thereof under article 95, 96 or , as the case may be, as they apply to a person elected as President. The executive authority of Guyana shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him either directly or through officers subordinate to him.

Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other that the President. The Prime Minister shall be the principal assistant of the President in the discharge of his executive functions and leader of Government business in the National Assembly. The President may appoint Vice Presidents for the purpose of assisting him in the discharge of his functions. If his is not otherwise the holder of an office of Vice President, the person holding the office of Prime Minister shall, by virtue of holding that office, be a Vice President, and he shall have precedence over any other Vice President.

Subject to the provisions of article 1 , Vice Presidents and other Ministers shall be appointed by the President from among persons who are elected members of the National Assembly or are qualified to be elected as such members. A Minister 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 Minister but shall not vote in the Assembly. There shall be a Cabinet for Guyana, which shall consist of the President, the Prime Minister, the Vice Presidents, and such other Ministers as may be appointed to it by the President.

The Cabinet shall aid and advise the President in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament. The Cabinet may act notwithstanding any vacancy in its membership of the absence of any member thereof. At the invitation of the President or of any person presiding at a meeting of the Cabinet, a Minister who is not a member of the Cabinet may attend that meeting and participate fully in the proceedings as if he were a member. There shall be an office of Minority Leader and appointments thereto shall be made by the President.

Qualifications for appointment to the office of Minority Leader and other matters connected therewith are regulated by article In the exercise of his functions under this Constitutions or any other law, the President shall act in accordance with his own deliberate judgement except in cases where, by this Constitution or by any other law, he is required to act in accordance with the advice or on the recommendation of any person or authority. Where by this Constitution the President is directed to exercise any function on the advice or recommendation of any person or authority, he may, in accordance with his own deliberate judgement, once refer any such advice or recommendation back for reconsideration by the person or authority concerned and if that person or authority, having reconsidered the original advice or recommendation, substitutes therefor a different advice or recommendation, as the case may be, the President shall act in accordance therewith; but save as aforesaid he shall act in accordance with the original advice or recommendation.

There shall be an Attorney General of Guyana who shall be the principal legal adviser to the Government of Guyana and who shall be appointed by the President. Qualifications for appointment to the office of Attorney General and other matters connected therewith are regulated by article The President may appoint Parliamentary Secretaries to assist himself or Ministers in the discharge of their functions.

Qualifications for appointment to the office of Parliamentary Secretary and other matters connected therewith are regulated by article There shall be a Director of Public Prosecutions whose office shall be a public office. The functions of the Director of Public Prosecutions are set out in article There shall be a Secretary to the Cabinet whose office shall be a public office. The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible in accordance with such instructions as may be given him by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the President may direct.

Cabinet may establish sub-committees of itself for the purpose of attending to any of its responsibilities. Cabinet may in particular establish a finance subcommittee of itself to be assisted by experts and advisers, including the Auditor General, and charge it with responsibility for supervising the financial affairs of the State and for instituting, monitoring and enforcing systems of financial control and discipline throughout the service of both central and local government, including the service of corporations, boards and agencies established by the Government.

All matters relating to the appointment and functions of the Ombudsman and other matters connected therewith are regulated by articles to inclusive.


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The Supreme Court of the Judicature. 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.

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. Parliament may confer on any court any part of the jurisdiction of and any powers conferred on the High Court by this Constitution or any other law. Judges of the Supreme Court of Judicature. The Chancellor and the Chief Justice shall be appointed by the President acting after consultation with the Minority Leader. 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 may be appointed by the President.

The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission. 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, actin g in accordance with the advice of the Judicial Service Commission.

Parliament may prescribe different periods under subparagraph b of the preceding paragraph in relation to the offices of the different Judges mentioned in article Article 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.

Nothing in paragraph 1 shall apply to the matters for which provision is made by article The composition and functions of the Judicial Service Commission are set out in articles and The composition and functions of the Public Service Commission are set out in article to inclusive.

The composition and functions of the Teaching Service Commission are set out in articles , and The composition and functions of the Police Service Commission are set out in articles , and No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law of Guyana of which he has been convicted.

No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless a tribunal established for the purposes of this paragraph has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention. A person who has been detained by virtue of the provisions of any law providing for preventive detention and who has been released from detention in consequence of a report of a tribun al established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his detention shall not be again detained by virtue of such provisions within the period of six months from his release on the same grounds as he was o riginally detained.

For the purposes of subparagraph c a person shall be deemed to have been detained on the same grounds as he was originally detained unless a tribunal established as aforesaid has rep orted that, in its opinion, there appears prima facie, to be new and reasonable grounds for the detention and the giving of any such report shall be without prejudice to the provisions of subparagraph a. A tribunal established for the purposes of this paragraph shall be established by law and shall consist of persons who are Judges of the Supreme Court of Judicature or who are qualifie d to be appointed as Puisne Judges of the High Court.

Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest of detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Guyana as an attorney-at-law, and to hold communication with him. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

Nothing in the provisions of paragraphs 3 and 4 shall apply to any person arrested or detained by virtue of the provisions of any law providing for preventive detention except in so far as the provisions of the said paragraph 3 require that he shall be permitted to retain and instruct a legal adviser and to hold communication with him. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infli ction of any punishment of the administration of any treatment that was lawful in Guyana immediately before the commencement of this Constitution.

Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. When a person is tried for any criminal offense, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature that the most severe penalty that might have been imposed for that offense at the time when it was committed. No person who shows that he has been tried by a competent court for a criminal offense and either convicted of acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.

No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense. No person who is tried for a criminal offense shall be compelled to give evidence at the trial. Any court of other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartia l; and where proceedings for such a determination are instituted by any person before such a court or other tribunal, the case shall be given a fair hearing within a reasonable time.

Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public. In the case of any person who is held in lawful detention, the provisions of paragraph 1 , paragraph 2 d and a criminal offense under the law regulating the discipline of persons held in such detention.

Nothing contained in paragraph 2 d shall be construed as entitling a person to legal representation at public expense but, subject thereto, it shall be the duty of the State to ensure that every person charged with a criminal offense is given a fair trial and accordingly to make provision for legal aid to be given in suitable cases. In this article, "criminal offense" means a criminal offense under the law of Guyana. Except with his own consent, no person shall be hindered in the enjoyment of his of conscience, and for the purposes of this article the said freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

No religious community shall be prevented from providing religious instruction for persons of that community. Except with his own consent or, if he is a person who has not attained the age of eighteen years, the consent of his guardian , no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.

No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. References in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedo m to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Guyana, the right to reside in any part of Guyana, the right to enter Guyana, the right to leave Guyana and immunity from expulsion from Guyana. Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this article.

In this article the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.

Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph 1 a to the extent that it makes provision with respect to standards or qualifications no t being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local democratic organ or of a body corporate established by any law for public purposes.

Paragraph 1 b shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in either of the two preceding paragraphs. Paragraph 1 b shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under t his Constitution or any other law.

Nothing contained in or done under the authority of any laws shall be held to be inconsistent with or in contravention of article , 2 or , any provision of article other than paragraph 4 thereof, or any provision of articles to inclusive to the extent that the law in question makes in relation to any period to which this article applies provision, or authorises the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.

Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before the National Assembly, and if, by reason of its adjournment or the pror ogation of Parliament, the Assembly is not due to meet within five days the President shall, by proclamation, summon the Assembly to meet within five days, and the Assembly shall accordingly meet and sit upon the day appointed by the proclamation and shal l continue to sit and act as if it had stood adjourned or Parliament had stood prorogued to that day.

A proclamation of emergency shall, unless it is sooner revoked by the President, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it w as made or such longer period as may be provided under the next following subparagraph, but without prejudice to the making of another proclamation of emergency at or before the end of the period. If at any time while a proclamation of emergency is in force including any time while it is in force by virtue of the provisions of this subparagraph a resolution is passed by the As sembly approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.

A resolution such as is referred to in paragraph 1 c shall, unless it is sooner revoked by a resolution of the Assembly, ceased to be in force at the expiration of two years beginning on th e date on which it was passed or such shorter period as may be specified therein, but with out prejudice to the passing of another resolution by the Assembly in the manner prescribed by that paragraph at or before the end of that period. Where any person is lawfully detained by virtue of such a provision as is referred to in article 2 , or the movement or residence within Guyana of any person or any person's right to leave Guyana is otherwise than by order of a court lawfully restricted by virtue of such a provision as aforesaid, his case shall be reviewed by a tribunal established for the purposes of this article not later than three months from the commencement of the detention or restriction and thereafter not later that six months from the date on which his case was last reviewed as aforesaid.

On any review by a tribunal in pursuance of the preceding paragraph of the case of any person the tribunal may make recommendations concerning the necessity or expedience of continuing the dete ntion or restriction to the authority by whom it was ordered but, unless it is otherwise provided by laws, that authority shall not be obliged to act in accordance with any such recommendation. A tribunal established for the purpose of this article shall be so established by law and constituted in such manner as to secure appointed by the Chancellor from among persons entitled to practise in Guyana as attorney-at-law.

In subparagraph c of the preceding paragraph the reference to altering an existing law includes references to repealing it and re-enacting it with modifications of making different provisions in lieu thereof, and to modifying it; and in the preceding paragraph "written law" includes any instrument having the force of law and in this and the preceding paragraph references to the repeal and re-enactment of an existing law shall be construed acc ordingly.

In relation to any person who is a member of a disciplined force raised under a law in force in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title, other than articles , , In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title.

Subject to the provisions of paragraph 6 , if any person alleges that any of the provisions of articles to inclusive has been, is being or is likely to be contravened in relation to him or, in the case of a person who is detained, or any other person alleges such a contravention in relation to the detained person , then, without prejudice to any other action with respect to the same matter which is lawfully available, that person or that other person may apply to the High Court for redress.

If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of articles to inclusive , the person presiding in that court shall refer the question to the High Court unless, in his opinion the raising of the question is merely frivolous or vexatious.

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Where any question is referred to the High Court in pursuance of paragraph 3 , the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal, in accordance with the decision of the Court of Appeal. Parliament may confer upon the High Court such powers in addition to those conferred by this article as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this article.

No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of paragraph 3 or 4 of article 60 if at the date of his nomination for such election he is a member of the Assembly under the provisions of article 60 2 or article 2. No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of article 60 2 or article 2 if at the date of his nomination for such election he is a member of the Assembly under the provisions of paragraph 3 or 4 or article No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of article 60 4 if at the date of his nomination for such election he is a member of the Assembly under the provisions of article 60 3.

No person shall be qualified to be nominated for election as a member of the National Assembly under the provisions of article 60 3 if at the date of his nomination for such election he is a member of the Assembly under the provisions of article 60 4. In paragraph 6 b "Government contract" means any contract made with the Government of Guyana or with a department of that Government or with an officer of that Government contracting as suc h.

If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member of the Assembly, or if, by reason of the expiration of any peri od for entering an appeal or notice thereof or the refusal of leave or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

If at any time before the member of the Assembly vacates his seat such that circumstances as aforesaid cease to exist, his seat shall not become vacant by reason of those circumstances , and he may resume the performance of his functions as a member of the Assembly. Subject to the provisions of the next followings paragraph, the Clerk of the National Assembly shall vacate his office when he attains the age of sixty-five years or such later age as may, in any particular case, be prescribed by the Commission appointed under paragraph 4.

The Clerk shall be removed from office by the President if, but shall not be so removed unless, the National Assembly, by a resolution which has received the affirmative votes of a majority of all the elected members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office whether arising from infirmity of body or mind or any other cause or for misbehavior.

The provisions of paragraphs 1 and 2 shall apply to the Deputy Clerk as they apply to the Clerk. Subject to the provisions of article the terms of service including salary and allowances of the Clerk and Deputy Clerk shall be determined from time to time by a Commission consisting o f the Speaker, as Chairman, the Minister responsible for finance or a person nominated by that Minister to represent him at any meeting of the Commission and one other Minister designated from time to time by the Prime Minister.

In the preceding paragraph "the appropriate service authority" means the authority in which, under the provisions of this Constitution, is vested the power to make appointments to the public o ffice held by the person to be appointed as Clerk or Deputy Clerk is to be appointed to assume or resume, as the case may be. The functions conferred by this article on the Speaker shall, if there is no person holding the office of Speaker of it the Speaker is absent from Guyana or is otherwise unable to perform those functions, be performed by the Deputy Speaker.

No person shall be qualified to be so registered who on the qualifying date is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Guyana. In this article "the qualifying date" means such date as may be appointed by or under an Act of Parliament as the date with reference to which a register of electors shall be compiled or revise d.

Subject to the provisions of paragraph 6 , the Chairman of the Elections Commission shall be appointed by the President from among persons who hold or have held office as a judge of a court ha ving 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 who are qualified to be appointed as any such judge.

For the purposes of the preceding paragraph a list shall be regarded as having obtained a seat in the Assembly if a seat has been located to that list or if a person identified with that list has been elected in an electoral area established under article 2. A person shall be disqualified for appointment as a member of the Commission if he is a public officer of an alien.

If, by reason of his illness, absence from Guyana or suspension under the said article , any member of the Elections Commission is unable to perform his functions as such, a temporary member may be appointed in his place. For the purposes of paragraphs 5 and 8 a person shall be regarded as belonging to a list if his name appears on that list or if he was identified with that list and elected in an electoral area established under article 2. Proceedings for the determination of any question referred to in the preceding paragraph may be instituted by any person including the Attorney General and, where such proceedings are instituted by a person other than the Attorney General, the Attorney General if he is not a party thereto may intervene and if he intervenes may appear or be represented therein.

In this article reference to any person being elected shall be read and construed as a reference to any person being elected under paragraph 2 or 3 or 4 of article 60 or under article 2 , as the case may be. Subject to the provisions of paragraphs 2 and 3 , a Bill for an Act or Parliament to alter this Constitution shall not be passed by the National Assembly unless it is supported at the final voting in the Assembly by the votes of a majority of all the elected members of the Assembly.

Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and may make rules for that purpose. The Assembly may act notwithstanding any vacancy in its membership including any vacancy not filled when the Assembly first meets after the commencement of this Constitution or after any disso lution of Parliament and the presence or participation in the proceedings of the Assembly shall not invalidate those proceedings. The Speaker, or, in his absence, the Deputy Speaker or if they are not absent, a member of the National Assembly not being a Minister or a Parliamentary Secretary elected by the Assembly for the sitting shall preside at any sitting of the Assembly.

References in this article to circumstances in which the Speaker or Deputy Speaker is absent include references to circumstances in which the office of Speaker or Deputy Speaker is vacant. Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting. Except as provided by the next following paragraph, the Speaker or other member presiding in the Assembly shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.

A Speaker elected from among persons who are not members of the Assembly shall have neither an original nor a casting vote and if, upon any question before the Assembly when such a Speaker is presiding, the votes of the members are equally divided, the motion shall be lost.

Subject to the provisions of article , the power of Parliament to make laws shall be exercised by Bills passed by the National Assembly and assented to by the President. When a Bill is presented to the President for assent, he shall signify that he assents or that he withholds assent. Where the President withholds his assent to a Bill, he shall return it to the Speaker within twenty-one days of the date when it was presented to him for assent with a message stating the reasons why he has withheld his assent.

Where a Bill is so returned to the Speaker it shall not again be presented to the President for assent unless within six months of the Bill being so returned upon a motion supported by the votes of not less that two-thirds of all the elected members of the National Assembly the Assembly resolves that the Bill be again presented for assent. Where the National Assembly so resolves that a Bill be again presented for assent, the Bill shall be so presented and the resident shall assent to it within twenty-one days of its presentation, unless he sooner dissolves Parliament.

A Bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution. Subject to the provisions of this Constitution and of the rules of procedure of the National Assembly, any member of the Assembly may introduce any Bill or propose by motion for debate in, or may present any petition to, the Assembly, and the same shall be debated and disposed of according to the rules of procedure of the Assembly.

Subject to the provisions of paragraphs 2 , 3 and 4 , Parliament may by law determine the privileges, immunities and powers of the National Assembly and the members thereof. No civil or criminal proceedings may be instituted against any member of the Assembly for words spoken before, or written in a report to, the Assembly or to a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

For the duration of any session, members of the Assembly shall enjoy freedom from arrest for any civil debt. No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly. Subject to the provisions of this Constitution, the Supreme Congress of the People may regulate its own procedure and may make rules for that purpose. The Supreme Congress of the People may act notwithstanding any vacancy in its membership including any vacancy not filled when the Congress first meets after any dissolution of Parliament and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the Congress shall not invalidate those proceedings.

All questions proposed for decision in the Supreme Congress of the People shall be determined by a majority of the votes of the members present and voting. The Chairman of the Supreme Congress of the People shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote. Parliament may by law determine the privileges, immunities, and powers of the Supreme Congress of the People and the members thereof. No civil or criminal proceedings may be instituted against any member of the Congress for words spoken before or written in a report to, the Congress or to a committee thereof or by reason of any matter or thing brought by him therein by petition, resolution, motion or otherwise.

For the duration of any session members of the Congress shall enjoy freedom from arrest for any civil debt. No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Congress while the Congress is sitting or through the Chairman, the Clerk or any officer of the Congress. Any list of candidates for an election held pursuant to the provisions of article 60 2 shall designate not more than one of those candidates as a Presidential candidate.

Where no person is elected as President under paragraph 2 and where the votes cast in favour of each list are equal in number, or where the votes cast in favour of each of two or more lists are equal in number by greater that the number of votes cast in favour of any other list, the Chairman of the Elections Commission, acting in the presence of the Chancellor and of the public, shall by lot choose one of the lists in respect of which the votes are equal in either of the circumstances aforesaid and shall declare the Presidential candidate designated in that list to be duly elected as President.

The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as that question depends upon the qualification of any person for election or the interpretation of this Constitution; and decision of that Court under this paragraph shall be final. A person assuming the office of President in accordance with the provisions of this Constitution shall be disqualified for any other office, employment or appointment to which this paragraph applies and accordingly on entering upon the duties of the office of President shall vacate any such other office, employment or appointment held by him.

The preceding paragraph applies to the offices of Speaker, member, Clerk or Deputy Clerk of the National Assembly, member of the National Congress of Local Democratic Organs, any Judge of the Supreme Court of Judicature, member of the Elections Commission, the Judicial Service Commission, the Public Service Commission, the Teaching Service Commission or the Police Service Commission, any public office, employment in any armed force of Guyana and any paid appointment as a member or employee of a body corporate established by law for public purposes.

During any period when a Minister is performing the function of the office of President under article 96 or or has assumed the office under the proviso to article 95 1 , his seat in the National Assembly shall be regarded as vacant and may be temporarily filled in accordance with any provision made under article 3.

If the members of the National Assembly whose names appeared as candidates on the same list as that of the President at the last election held pursuant to article 60 2 resolve, upon a motion supported by the votes of a majority of all of them, that the question of the physical or mental capacity of the President to discharge the functions of his office ought to be investigated and the Prime Minister so informs the Chancellor, the Chancellor shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Guyana, and the board shall enquire into the matter and shall make a report to the Chancellor stating the opinion of the board whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.

If the board reports that the President is incapable of discharging the functions of the office of President, the Chancellor shall certify in writing accordingly and thereupon the President shall cease to hold office. A motion for the purposes of paragraph 1 may be proposed by any of the members referred to therein at any meeting of such members convened by the Prime Minister.

Where a motion under this article is proposed for consideration by the National Assembly, the Assembly shall not debate the motion but the person presiding in the Assembly shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of all the elected members of the Assembly, shall declare the motion to be passed. If the tribunal reports to the National Assembly that the tribunal finds that the particulars of any allegation against the President specified in the motion have not been substantiated no further proceedings shall be taken under this article in respect of that allegation.


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  6. If the tribunal reports to the National Assembly that the tribunal finds that the particulars of any allegation specified in the motion have been substantiated, the Assembly may, on a motion supported by the votes of not less than three-quarters of all elected members of the Assembly, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is if the Assembly so resolves, the President shall cease to hold office upon the third day following the passage of the resolution unless he sooner dissolves Parliament.

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    Institutional maternal and perinatal deaths: a review of 40 low and middle income countries

    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;. 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.

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    Battling maternal deaths - Guyana Chronicle

    If the question of removing a Judge from office has been referred to a tribunal under paragraph 5 , the President may suspend such Judge from performing the functions of his office, and any such suspension may at any time be revoked by the president, and shall in any case cease to have effect if the tribunal advises the President that the Judge ought not to be removed from office.

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    No competing interests were disclosed. The authors would like to acknowledge the Boards of the hospitals, study participants, Kenneth Mutai and Kellen Karimi. Click here to access the data. They can now be found at the top of the panel on the right, linked from the box entitled Open Peer Review. Choose the reviewer report you wish to read and click the 'read' link. You can also read all the peer review reports by downloading the PDF. Is the work clearly and accurately presented and does it cite the current literature? Is the study design appropriate and is the work technically sound?

    Are sufficient details of methods and analysis provided to allow replication by others? If applicable, is the statistical analysis and its interpretation appropriate? Are all the source data underlying the results available to ensure full reproducibility? Competing Interests: No competing interests were disclosed. Alongside their report, reviewers assign a status to the article:. All Comments 0. Spreadsheet data files may not format correctly if your computer is using different default delimiters symbols used to separate values into separate cells - a spreadsheet created in one region is sometimes misinterpreted by computers in other regions.

    You can change the regional settings on your computer so that the spreadsheet can be interpreted correctly. Provide sufficient details of any financial or non-financial competing interests to enable users to assess whether your comments might lead a reasonable person to question your impartiality.

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    We have sent an email to , please follow the instructions to reset your password. FPrime FWorkspace item :. Home Browse Measuring the effectiveness of maternal delivery services: A cross-sectional ALL Metrics. Get PDF. Get XML. How to cite this article. NOTE: it is important to ensure the information in square brackets after the title is included in all citations of this article. Close Copy Citation Details. Measuring the effectiveness of maternal delivery services: A cross-sectional and qualitative study of perinatal mortality in six primary referral hospitals, Kenya [version 1; peer review: 1 approved with reservations, 1 not approved].

    Alfred T. Background: The effective performance of hospitals is critical to overall health system goal achievement. Global health system performance frameworks are often used as part of global benchmarking, but not within low and middle-income countries as part of service delivery performance measurement. This study explored the utility of perinatal mortality as a measure of hospital effectiveness. Methods: A cross sectional, mixed methods study of six primary referral hospitals, differentiated by ownership, was conducted from 10th June to 9th October Monthly summary hospital data of maternal delivery services MDS were abstracted to determine the perinatal mortality.

    Tests of associations were used to correlate bed turnover, skilled staffing, method of delivery and perinatal mortality. Additionally, 40 questionnaire interviews were held with hospital board members and the management team to assess the availability of standard operating procedures SOP in MDS. Qualitative data was analysed thematically. The average perinatal mortality rate for all the hospitals was However, a perinatal death was 2. The average caesarean section rate for all hospitals was Perinatal mortality was associated with bed turnover ratio R squared 0.

    Discussion: The high perinatal mortality reported in public hospitals may be due to high bed turnover and relatively low caesarean section rate. Input measures of performance such as reporting standards of care and staffing levels are not useful performance indicators. Perinatal mortality as a performance indicator may be an ideal measure of the effectiveness of hospitals.

    Keywords Health system effectiveness , Hospital performance, perinatal death. Corresponding Author s. Grant information: The author s declared that no grants were involved in supporting this work. Objective This study explored the utility of perinatal mortality as a measure of hospital effectiveness in six primary referral hospitals in Kenya. Methods Study setting A cross-sectional study of six primary referral hospitals in Kiambu and Nairobi Counties differentiated by ownership was conducted.

    Data collection Data was collected from 10th June to 9th October Data analysis Effectiveness of MDS was defined as the extent to which the hospital manages all major causes of maternal and newborn mortality as measured by the perinatal mortality rate. Results The six hospitals ranged in maternity bed capacity from 13 — 70 with a median of 55 beds. Table 1. Volume and outputs of maternal delivery services by hospital in Nairobi and Kiambu Counties, Kenya. Table 2. Caesarean section rates and perinatal mortality rates by hospital in Nairobi and Kiambu Counties, Kenya. Dataset 1. Effectiveness of maternal delivery services and perinatal mortality in six primary referral hospitals.

    Methods of monitoring standards of care From the 40 interviews conducted the following information was found. Table 3. Standards of care used to monitor maternal delivery services by hospital in Nairobi and Kiambu Counties, Kenya. Maintaining standards of care All the hospitals reported having SOPs in managing maternal delivery services. Discussion County referral hospitals play an increasingly significant role in maternal delivery services. Study limitations Focusing on a specific service such as MDS allows for greater comparison between hospitals because patient heterogeneity, which can be a major factor in measuring effectiveness, is reduced 1 , 39 , Conclusions and recommendations The study demonstrates that the average perinatal mortality in primary referral hospitals was high with considerable variation between public and private hospitals.

    Data availability Dataset 1: Effectiveness of maternal delivery services and perinatal mortality in six primary referral hospitals. Competing interests No competing interests were disclosed. Grant information The author s declared that no grants were involved in supporting this work. Acknowledgements The authors would like to acknowledge the Boards of the hospitals, study participants, Kenneth Mutai and Kellen Karimi.

    Supplementary material Supplementary File 1: Hospital governance questionnaire. F recommended References 1. Cost Eff Resour Alloc. Global Health. Noor AM: Subnational benchmarking of health systems performance in Africa using health outcome and coverage indicators. BMC Med. Ministry of Health: Kenya Health Policy — Nairobi; Reference Source 5. Reference Source 6. Int J Gynecol Obstet. Allin S, Grignon M: Examining the role of amenable mortality as an indicator of health system effectiveness. Healthc Policy.

    Washington DC ; Reference Source 9. BMC Pregnancy Childbirth. Reference Source BMJ Open. BMC Public Health. Republic of Kenya: The Constitution of Kenya, Gov Kenya. Spangler SA: Assessing skilled birth attendants and emergency obstetric care in rural Tanzania: the inadequacy of using global standards and indicators to measure local realities. Reprod Health Matters. Njuguna J, Kamau N, Muruka C: Impact of free delivery policy on utilization of maternal health services in county referral hospitals in Kenya.

    PLOS Med. Lancet Infect Dis. Lancet Glob Heal. Findings from a cohort study. J Glob Health. PLoS Med.

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    Bull World Health Organ. Int J Gynaecol Obstet. Rockville, MD; ; : 1— Ayah R, Ongore D, Agwanda ATO: Dataset 1 in: Measuring the effectiveness of maternal delivery services: A cross-sectional and qualitative study of perinatal mortality in six primary referral hospitals, Kenya. Data Source. Looking for the Open Peer Review Reports?

    Comments on this article Comments 0. Article Versions 1 version 1. This is an open access article distributed under the terms of the Creative Commons Attribution License , which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. Data associated with the article are available under the terms of the Creative Commons Zero "No rights reserved" data waiver CC0 1.

    Manager RIS Sente. Track an article to receive email alerts on any updates to this article. Approved with reservations Key revisions are required to address specific details and make the paper fully scientifically sound. Not approved Fundamental flaws in the paper seriously undermine the findings and conclusions. How to cite this report:. NOTE: it is important to ensure the information in square brackets after the title is included in this citation. Abiodun S. Not Approved.

    VIEWS 0. General comment: It is important to recognise that the focus of the study is of interest in contemporary obstetrics. However, the methodology employed by the authors is inappropriate which limited the information which the authors were able to extract from the hospital records of the participants. While the authors imply causal relationships between the measured parameters and perinatal mortality, there is insufficient evidence from the results to establish these claims.

    A retrospective study is not the appropriate study design to make such conclusions attributed to it in this article. However, the opinion expressed in this sub-section is not derivable from available evidence in the study ; it is more of assumptions and repetition of reports of previous studies. I do not agree that CS rates of Introduction: This is too lengthy. The objective should be incorporated into the introduction instead of making it a separate sub-section.

    Methodology: The information about the study facilities are grossly inadequate: I am interested in more information on the setting, cadres of staff, who takes decisions, were all patients reviewed by a doctor or the doctor is invited after complications has set in, were there on-call doctors who slept in the hospital, who monitored the labour and who performed the CS? The selection method for individual facilities especially the non-public is not clearly defined.

    How was sample size determined for each component of the study? How did you assess the qualitative component? Was it individual interview or focused-group discussion? How was this assessed? The matching should be in terms of individual facilities, not aggregated. Do you mean that the 13 bedded facility was performing CS regularly? Are the public facilities free? Generally private facilities are more expensive compared to public hospitals; thus, low socioeconomic people are more likely to patronise them.

    The effect of low social class on perinatal outcome therefore becomes a confounding factor in this comparison with those from private facilities. In addition, the status of the mother and fetus at presentation is a well-known factor that affects perinatal mortality; this was not evaluated for in this study.

    In addition, antenatal and early labour events no doubt affect perinatal outcome, these were not considered. How many cases were emergencies, what were the identified complications? Do any of these facilities conduct maternal and perinatal death reviews? How many facilities had neonatologist? Which mode of anaesthesia are available and used.

    Availability of resuscitation facilities and mode of anaesthesia no doubt can affect perinatal mortality. For the qualitative component, I was expecting responses on mode of presentation, identified delays, how soon emergencies are attended to, limitations of care, issues about whether complaints were made earlier and administration's response, etc. This can only be scientifically deduced if you compare women with good to those with poor perinatal outcome.

    This was not done. Page 4, first paragraph: You seem to be mixing up a number of issues here and the references are inappropriate. Rather it is a comparison. Do you imply that it is better to deliver at home rather than hospital? Since the discussion and comparison here is not for home versus facility delivery, the comparison is inappropriate and will confuse the readers. Thus, it will be unfair to expect too much in cases of severely compromised mother and fetus. We need to know the state of both mother and fetus at arrival- how many came with intrauterine fetal death, fetal distress or critically ill mothers?

    On what data is the comparison made then- verbal reports? Therefore, you are over-interpreting your limited data. Therefore, we cannot assume as was done by the authors. This study is seriously limited by inadequate parameters to validate the strong causal relationships claimed by the authors. Recommendation: This article cannot be indexed in its current form. I suggest that the authors should revise it along either of the suggestions below: If they choose to maintain the available results, the article should be revised into a description while all causal claims not derivable should be deleted.

    Authors may choose to retrieve additional information as outlined above that will enable them to scientifically validate the causal claims. Partly Is the study design appropriate and is the work technically sound? No Are sufficient details of methods and analysis provided to allow replication by others?