Georgetown: Acting Chief Justice Ian Chang has deferred his much-anticipated ruling on the motion filed to challenge the presidential two-term limit.
A civilian, Cedric Richardson had filed the motion in February, challenging the constitutionality of the two-term limit which was imposed on Guyanese Presidents since 2001. Former Attorney General Anil Nandlall and former Speaker of the National Assembly, Raphael Trotman were named defendants in the matter.
Following responses filed by attorneys representing the plaintiff and the defendants, the parties had to lay over written submissions. Attorney Shaun Allicock, who is representing Richardson; Deputy Solicitor General from the AG Office, Prithima Kissoon and Attorney Roysdale Forde for Trotman, have submitted written arguments on the matter.
Following the last session in the Chief Justice’s Chamber, Kissoon told reporters that the matter was adjourned for May 12, when Justice Chang was expected to make a ruling. However, given the post-election tension, the matter was not heard. It was then called up on Friday last, when Justice Chang further deferred ruling.
He is expected to issue a notice to the parties on the next hearing of the matter, when he is expected to hand down a ruling.
In the writ filed on February 2, by 50-year-old Richardson, of Lot 4 West Ruimveldt, Georgetown, it is contended that Act No 17 of 2001, passed by a two-third majority of members of the National Assembly that altered Article 90 of the Constitution “curtails and restricts the sovereign and democratic rights and freedom as a qualified elector to elect the person of former President (Bharrat) Jagdeo as the Executive President of Guyana”.
Richardson further contends that the Act diminishes and reduces the level of democracy enjoyed by the electorate prior to the alteration and, therefore, required for its legal validity, the holding of a referendum of the people for such alteration. Guyana’s Constitution, upon passing of the Act, states that a person elected as President after the year 2000 is eligible for re-election only once.
The Constitution further states that a person who acceded to the presidency after 2000 and served therein for a single occasion for not less than such a period as may be determined by the National Assembly is eligible for election as President only once.
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