BASSETERRE, St. Kitts, June 27.2018 –THE Caribbean Court of Justice (CCJ) today (June 26) upheld a rule of law in Guyana that bars presidents of that country from contesting for the highest office for more than two terms.
At the center of a lengthy court battle is the term-limits legislation, which barred former President Bharrat Jagdeo from serving more than two terms in that country.
The Attorney-General of Guyana moved to the Caribbean Court of Justice to have it make a ruling on the matter, after Mr. Cedric Richardson had originally challenged the amendment of the constitution on the basis that he should have the right to choose whomsoever he wanted to be President.
In rulings out of the Judiciary arm in Guyana, both the High Court and a majority of the Court of Appeal, agreed with Mr. Richardson. However, Attorney-Attorney General, Basil Williams challenged those decisions at the CCJ, the region's highest court.
In a ruling handed down today (June 26), the CCJ stated that in the case of the Attorney General of Guyana v Cedric Richardson, “the Caribbean Court of Justice (CCJ) ruled 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.”
The amendment was added to the constitution in 2000 and adds further that qualifications for candidates to be Presidents, “must be a Guyanese by birth or parentage, residing in Guyana on the date of nomination for election, and continuously resident in the country for a period of seven years before nomination day”.
“The Court, after examination of the historical background of the amendment to the Constitution, noted that it was passed unanimously by the National Assembly during President Jagdeo’s term in office. The CCJ felt that it was clear that the amendment did not emerge from the desire of any political party to manipulate the requirements to run for the office of President. The Constitution was amended after extensive national consultation and therefore represented a sincere attempt to enhance democracy in Guyana.
The ruling could be a blow for many Guyanese who support the opposition People’s Progressive Party Civic, for which Jadgeo is currently the General Secretary.
According to a CCJ statement, all seven judges of the Court heard the appeal, with a majority decision delivered by separate judgments from the Rt. Hon. Sir Dennis Byron, the Court’s President, the Hon. Mr. Justice Adrian Saunders and the Hon. Mr. Justice Jacob Wit.
The Hon. Mr. Justice Winston Anderson offered a dissenting judgment, a statement from the court said.
“The majority’s view was that Articles 1 and 9 did not confer on citizens an unlimited right to choose the head of state. Democratic governance allowed for reasonable qualifications for eligibility to be a member of the National Assembly and hence to be President. This was supported by objective, international standards of what a democratic state entails.
“The CCJ also stated that new qualifications can be introduced by valid constitutional amendments and that the National Assembly had the power to amend the Constitution by a vote of at least two thirds of all members of the Assembly, without holding a referendum. The Court outlined guiding principles for assessing when new amendments to the Constitution did not require the holding of a referendum. Ultimately, the test was whether any such new amendments were “reasonably justifiable in a democratic society”. To determine this, any court called upon to assess such a matter should “look to the history, substance and practical consequences of the amendment, to the reasons advanced for it and to the interests it serves”.
This decision can have rippling effects across the region as more islands seek to implement term limit legislations.
St. Kitts and Nevis is one such island that will soon enact term limits legislation for prime ministers.
