26 June 2018
CCJ Says Presidential Term Limits in Guyana Are Lawful
By Caribbean 360
GEORGETOWN, Guyana, Tuesday June 26, 2018 – The Caribbean Court of Justice (CCJ) today ruled that there is nothing unconstitutional or unlawful about limiting a president in Guyana to two terms in office.
The decision means that former president Bharrat Jagdeo, who has already served two terms, won’t be able to run for president again, even if he wanted to.
The historic ruling handed down earlier today in the Trinidad-based court struck down a decision made by former acting Chief Justice Ian Chang in July 2015 and upheld by the Court of Appeal.
Delivering the judgement, outgoing CCJ President, Justice Denis Byron, said constitutional amendments made in 2001, which set a two-term limit for presidents and specifically outlined the qualifications for a presidential candidate, were “validly enacted”.
The challenge to the term limits had been filed in December 2014 by a private citizen, Cedric Richardson who had argued that the constitutional amendment curtailed “the democratic rights and freedom of the electorate” by purporting to eliminate from the executive Presidential candidature, a person like Jagdeo.
The challenge to the term limit came in the run up to the 2015 general elections. which the People’s Progressive Party (PPP) lost to the A Partnership for National Unity + Alliance for Change (APNU+AFC) Coalition after 23 years in office, of which Bharrat Jagdeo served two terms as President. The challenge ostensibly sought to allow Jagdeo to contest elections again, although Jagdeo distanced himself from the case.
Justice Chang had ruled in Richardson’s favour, saying that the presidential term-limit was unconstitutional without the approval of the people through a referendum. His ruling further allowed for naturalized citizens to run for president and invalidated the requirement that a presidential candidate be present in Guyana on Nomination Day.
But the decision was challenged by Attorney General Basil Williams and the then Speaker of the National Assembly, Raphael Trotman, in the Court of Appeal. When the higher court upheld the ruling, Williams then moved to the CCJ.
In its 6-1 ruling, the CCJ said the presidential term limit in Guyana’s Constitution is fit and proper.
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