Chief Justice to set date for presidential term limit ruling

Georgetown: Acting Chief Justice Ian Chang is expected to set a date for ruling on the legal proceedings challenging the presidential two-term limit.

Civilian Cedric Richardson had filed a motion in February, challenging the constitutionality of the two-term limit which was imposed on Guyanese Presidents since 2001. Attorney General Anil Nandlall and former Speaker of the National Assembly, Raphael Trotman were named as defendants in the matter.

Following responses filed by Attorneys representing the plaintiff and the defendants, the parties had to present written submissions. Attorney Shaun Allicock, who is representing Richardson, and Deputy Solicitor General of the AG Chambers, Prithima Kissoon, along with Attorney Roysdale Forde for Trotman, have submitted written arguments on the matter.

Following the last session in the acting 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 elections’ tension, the matter was not heard. The parties are now awaiting a notice from the Chief Justice’s Chamber for the new date.

In the writ filed on February 2, on behalf of 50-year-old Richardson, of Lot 4 West Ruimveldt, Georgetown, it was said 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 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.