THE presidential term limit which barred an individual from running for presidential office after they would have served two presidential terms was yesterday deemed unconstitutional by acting Chief Justice, Mr Ian Chang.Earlier in the year, Mr Cedric Richardson, a private citizen, had challenged the two-term limit, and the manner in which the Constitution was amended, which was through a two/thirds majority in the National Assembly.
Contending that the amendment was illegal, Richardson suggested instead that such a decision be made by way of a referendum.
In his ruling yesterday, Chang stated, “The alteration or replacement of the original 1980 preamble was effected by Act 6 of 2001, which did not receive the approval of Guyanese citizens by way of referendum. Yet it declares ‘as citizens of Guyana, we adopt these fundamental laws and make provisions for their amendments to reflect changes in our society.
“In so far as it seeks to trench on and to dilute the pre-existing democratic rights of the electorate to elect as president a person of their own choice, needed a referendum and is invalid and without legal effect for reason of non-compliance.”
He also noted that Article 9 of Guyana’s Constitution guarantees the Guyanese people sovereignty “through their representatives and the democratic organs established by or under this Constitution.
“The purported alteration of Article 90 by the Act No. 17 of 2001, in substance and effect, undoubtedly diminishes the democratic rights of the electorate in electing a person of their own choice as President…The court therefore holds that Act No. 17 of 2001, in so far as it seeks to trench on and dilute the pre-existing democratic rights of the electorate to elect as President, a person of their choice,” Chang said in support of his ruling.
He further argued that the term limits “in substance and effect, undoubtedly diminishes the democratic right of the electorate in electing a person of their own choice as president by excluding from presidential candidature.”
As it is, the ruling could only benefit former President Dr Bharrat Jagdeo, who is the only individual alive that is qualified to seek a third term in office as President.
However, the ruling offered by the Chief Justice is subject to reversal by way of a referendum or an appeal, should that route be taken.
Meanwhile, Dr Jagdeo had said last year that he was not interested in running for presidential office for a third term. He is expected to lead the People’s Progressive Party (PPP) 32 Members of Parliament (MPs) as Leader of the Opposition when they take up their seats in the National Assembly shortly.

By Ravin Singh