On 26 June 2018, the Caribbean Court of Justice (CCJ) issued a media release under the caption ‘CCJ Rules Two Terms only for Presidents of Guyana’. The release relates to the case of the Attorney General (AG) of Guyana v Cedric Richardson. It stated that ‘an amendment, that barred Presidents of the Republic of Guyana from serving more than two terms in office, was a valid amendment to the Constitution’.
Today’s article discusses the CCJ ruling by giving a background to the case, the legal issues involved and the decision of the court, followed by some concluding remarks. It draws heavily on the case summary made available, compliments of the Stabroek News.
Background to the Case
In 2000, following extensive national consultations, certain sections of the Constitution were amended, including amendments relating to the qualification requirements for a President. In accordance with the amended Article 90 (1), for a person to be elected President: (a) he/she must be a citizen of Guyana and is a Guyanese by birth or parentage; (b) he/she must be residing in Guyana on the date of nomination for election and was continuously residing therein for a period of seven years immediately before that date; and (c) he/she is otherwise qualified to be elected as a member of the National Assembly. By Article 90(2), a person elected as President after 2000 is eligible for re-election only once.