The Constitutional Reform Commission Act was on Thursday amended with unanimous support from the National Assembly to correct an error in the number of members on the Commission from 20 to 21, and it now paves the way for the Commission to begin its work.
Attorney General Anil Nandlall said that the amendment “takes effect from the date as it was retroactive [to the date of the Previous Act]”.
In November 2022, the Bill was passed with the expectation that the government would move swiftly to begin the constitutional reform process.
Some 18 of the 21-member Commission were sworn in last April and they had taken the oath of office which was administered by President Irfaan Ali at the Office of the President. However, it was later discovered that it had an error.
“An unfortunate error was belatedly discovered in the Constitutional Reform Act. Section 3 of the Act speaks to the 20-member commission but another part of the Act authorizes the President to appoint a Chairman, in the exercise of his deliberate judgment and from outside of the 20-member Commission. The combination of those two provisions would mean it is a 21-member Commission and not 20,” the Attorney General explained.
“As a result, an amendment was moved and unanimously supported by the opposition to change … 20 to 21 in Section 3 of Act,” he added.
The opposition supported the government, and allowed for the full amendment to be passed in all its stages at that one sitting, on Friday.
At April’s swearing-in ceremony, former chancellor of the judiciary, retired Justice Carl Singh was named Chairman. Others sworn in were People’s Progressive Party (PPP) members: Anil Nandlall, Gail Teixeira, Dr Frank Anthony, Pauline Campbell-Sukhai and Kwame McCoy. APNU+AFC members Vincent Alexander, Sherwood Lowe, Ganesh Mahipaul and Nigel Hughes were also sworn in. As were Aslim Singh of the Labour Movement, Chairman of the National Toshaos’ Council Derrick Rowan John, private sector representative Ramesh Persaud, representative of women’s organizations Dr Kim Kyte-Thomas, Chairman of the Youth Advisory Council Dr Josh Kanhai, Imran Ally of the Muslim Youth Organization; farmers representative Adrian Anamayah and representative of the Hindu community Radha Krishna Sharma. A New and United Guyana member Timothy Jonas, representative of the Christian community Keoma Griffith and member of the Guyana Bar Association Kamal Ramkarran were set to be appointed at a later date, as they all were out of the jurisdiction.
Nandlall said that as three commissioners were still to be sworn in, the law was not violated and the amendment now would allow for the swearing in of those members and the Commission having its full complement, “it can begin its work.
An entire year went by before there was substantial movement, following the passage of the bill in 2022. Nandlall had attributed this to the government’s focus on dealing with Venezuela’s aggression, which came at a time concurrent with its timeline for the requisite processes to be triggered.
“The delay had to do with the distraction with matters connected to the territorial integrity and sovereignty of our country, but he [the President] has given firm instructions to the attorney general to dispatch the letters to the relevant persons and agencies inviting their nominations in accordance with, the Constitutional Reform Commission Act,” he said in December last year.
The bill, according to its explanatory memorandum, provided for the establishment of the CRC, its membership and terms of reference. In addition, it provided for the President, acting by his deliberate judgment, to appoint a chair of the Commission.
The Commission is entitled to elect the deputy chairperson. Clause 7 of the bill provides that to execute the objectives of the legislation, the Commission shall review the Constitution of Guyana, to provide for the current and future rights, duties, liabilities and obligations of the Guyanese people. In furtherance of that purpose, it shall receive, consider and evaluate submissions for the alteration of the Constitution and report its recommendations to the Standing Committee for transmission to the National Assembly.
It is expected that the Commission will hold public hearings on constitutional reform throughout the country.
