Dear Editor,
The amendment to Article 90 of the Constitution of Guyana prescribing a limit of two-terms for a president is constitutional, as it was passed by a 2/3 majority of the elected members of the National Assembly (2000). I further maintain that a 2/3 majority was necessary and a referendum was not required.
Article 164 reads as follows:-
(1) 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.
(2) A Bill to alter any of the following provisions of the constitution, that is to say-
(a) this article, Articles 1, 2, 8, 9, 18, 51, 66, 89, 99
(b) articles 3, 4, 5, 6, and 7, 10-17 (inclusive), 19 to 49 (inclusive), 52 to 57 (inclusive),59, 60, 62, 63, 64, 65, 67, 68, 69, 70, 72 (in so far as it relates to the no of regions), 90-96 (inclusive), 98, 108, 110, 116, 120 to 163 (inclusive, but excepting articles 173, 185, 186, 192 (2) and (3) and 193), 222, 223, 225, 22, 231, and 232 (excepting the definition of “financial year”) shall not be submitted to the President for his assent unless the Bill, not less than 10 months and not more than six months after its passage (note this may be typographical and should read not less than six months and more than ten months) through the National Assembly, has, in such a manner as Parliament may prescribe, been submitted to the vote of the electors qualified to vote in an election and has been approved by a majority of the electors who vote on the Bill: Provided that if the Bill does not alter any of the provisions mentioned in subparagraph (a) and is supported at the final voting in the Assembly it shall not be necessary to submit the bill to the vote of the electors.
I read this to mean that all the clauses in the above subsection (2)(a) ie, 1, 2, 8, 9, 18, 51, 89, 99, have to go to referendum. However, if the clauses listed in (2)(b) are not listed in (2)(a) and have been passed by a 2/3 majority there is no need to go to the voters. Article 90 is listed in (2)(b) but not listed in (2)(a).
Yours faithfully,
Rajendra Bisessar
