Presidential term limit unconstitutional – Chief Justice

Chief Justice Ian ChangGeorgetown: Acting Chief Justice Ian Chang Thursday cleared the way for any individual to run for a third term as President of Guyana.

The ruling by the Chief Justice follows a motion filed in the Court by Cedric Richardon.

Richardson had approached the High Court earlier in 2015, contending that the move by Guyana ‘s National Assembly to restrict a President to be able to serve only two terms in office is illegal.

Richardson had objected to Guyana’s National Assembly reforming the Constitution and placing a limit on the amount of terms an individual can run for the office of President.

The West Ruimveldt resident in his motion claimed that limiting the terms of any President would have to be done by way of referendum and not by a parliamentary majority.

According to one of the lawyers representing the plaintiff, for such a major constitutional reform to be undertaken without the say of the wider population was wrong, hence the reason for the writ seeking for it to be deemed illegal.

In his ruling, the Chief Justice stated “the purported alteration of Article 90 by the Act No. 17 of 2001, in substance and effect, undoubtedly diminishes the democratic rights of the electorate in electing a person of their own choice as President,” adding that “the court therefore holds that Act No. 17 of 2001, in so far as it seeks to trench on and dilute the pre-existing democratic rights of the electorate to elect as President, a person of their choice.”

In 2000, the Guyana Constitution Reform Commission recommended a maximum of two terms in office for a President.

The laws of Guyana were changed in 2001, and assented by former President Bharrat Jagdeo himself, making it clear that “A person elected as President after the year 2000 is eligible for re-election only once.”

After serving two consecutive terms, and stepping down amidst pressure in 2011 following general elections, there has been calls by persons believed aligned to Jagdeo for a third term.