Executive

Executive

- Constitution of Guyana

Executive

CHAPTER X
99. (1) The executive authority of Guyana shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him either directly or through officers subordinate to him.

(2) Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other that the President.

100. Subject to the provisions of article 185, there shall be an office of Prime Minister and such offices of Vice-President and other offices of Minister of the Government of Guyana as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.

101. (1) The President shall appoint an elected member of the National Assembly to be Prime Minister of Guyana.

(2) The Prime Minister shall be the principal assistant of the President in the discharge of his executive functions and leader of Government business in the National Assembly.

102. (1) The President may appoint Vice-Presidents for the purpose of assisting him in the discharge of his functions.

(2) If his is not otherwise the holder of an office of Vice-President, the person holding the office of Prime Minister shall, by virtue of holding that office, be a Vice-President, and he shall have precedence over any other Vice-President.

103. (1) The Prime Minister and every other Vice-President shall be a Minister of the Government of Guyana.

(2) Subject to the provisions of article 101 (1), Vice-Presidents and other Ministers shall be appointed by the President from among persons who are elected members of the National Assembly or are qualified to be elected as such members.

104. Articles 101 (1) and 103 (2) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the Assembly is held pursuant to the provisions of article 61, or between a dissolution of a regional democratic council or of the National Congress of Local Democratic Organs and the day on which the next election by that council or by the Congress is held pursuant to the provisions of paragraph (3) or (4) of article 60, as the case may be, as if Parliament of that council or the Congress, as the case may be, had not been dissolved.

105. A Minister who was not an elected member of the Assembly at the time of his appointment shall (unless he becomes such a member) be a member of the Assembly by virtue of holding the office of Minister but shall not vote in the Assembly.

106. (1) There shall be a Cabinet for Guyana, which shall consist of the President, the Prime Minister, the Vice-Presidents, and such other Ministers as may be appointed to it by the President.

(2) The Cabinet shall aid and advice the President in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament.

(3) Cabinet Meetings shall be presided over by––

(a) the President;
(b) in the absence of the President, the Prime Minister; or
(c) in the absence of the President and the Prime Minister, such Minister as the President may designate.

(4) The Cabinet may act notwithstanding any vacancy in its membership of the absence of any member thereof.

(5) At the invitation of the President or of any person presiding at a meeting of the Cabinet, a Minister who is not a member of the Cabinet may attend that meeting and participate fully in the proceedings as if her were a member.

107. The President may assign to any Minister responsibility for any business of the Government of Guyana, including the administration of any department of Government, and shall be charged with all responsibility not assigned to any Minister:

Provided that authority to exercise any power or discharge any duty that is conferred or imposed by any other provision of this Constitution or by any other law on any person or authority shall not be conferred under this article.

108. The office of a Minister shall become vacant in the circumstances set out in article 183.

109. Whenever any Minister is absent from Guyana or is unable by reason of illness to perform his functions as Minister, the President may authorise some other Minister to perform those functions and that Minister may perform those functions until they are resumed by the first mentioned Minister or are assigned to another Minister pursuant to the provisions of article 107.

110. (1) There shall be an office of Minority Leader and appointments thereto shall be made by the President.

(2) Qualifications for appointment to the office of Minority Leader and other matters connected therewith are regulated by article 184.

111. (1) In the exercise of his functions under this Constitutions or any other law, the President shall act in accordance with his own deliberate judgment except in cases where, by this Constitution or by any other law, he is required to act in accordance with the advice or on the recommendation of any person or authority.

(2) Where by this Constitution the President is directed to exercise any function on the advice or recommendation of any person or authority, he may, in accordance with his own deliberate judgment, once refer any such advice or recommendation back for reconsideration by the person or authority concerned and if that person or authority, having reconsidered the original advice or recommendation, substitutes therefor a different advice or recommendation, as the case may be, the President shall act in accordance therewith; but save as aforesaid he shall act in accordance with the original advice or recommendation.

112. (1) There shall be an Attorney General of Guyana who shall be the principal legal adviser to the Government of Guyana and who shall be appointed by the President.

(2) Qualifications for appointment to the office of Attorney General and other matters connected therewith are regulated by article 185.

113. (1) The President may appoint Parliamentary Secretaries to assist himself or Ministers in the discharge of their functions.

(2) Qualifications for appointment to the office of Parliamentary Secretary and other matters connected therewith are regulated by article 186.

114. Every Minister and Parliamentary Secretary shall, before entering upon the duties of his office, make and subscribe the oath of office.

115. Where the President or any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shall be a public office:

Provided that two or more government departments may be placed under the supervision of one permanent secretary.

116. (1) There shall be a Director of Public Prosecutions whose office shall be a public office.

(2) The functions of the Director of Public Prosecutions are set out in article 187.

117. (1) There shall be a Secretary to the Cabinet whose office shall be a public office.

(2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible in accordance with such instructions as may be given him by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the President may direct.

118. (1) Cabinet may establish sub-committees of itself for the purpose of attending to any of its responsibilities.

(2) Cabinet may in particular establish a finance subcommittee of itself to be assisted by experts and advisers, including the Auditor General, and charge it with responsibility for supervising the financial affairs of the State and for instituting, monitoring and enforcing systems of financial control and discipline throughout the service of both central and local government, including the service of corporations, boards and agencies established by the Government.

119. Subject to any provision made by Parliament, the President may appoint standing committees consisting of such persons as he may deem fit for the purpose of reviewing of examining any aspect of national life and making recommendations or otherwise reporting thereon to the Government of to Parliament.

120. Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Guyana, make appointments to any such office and terminate any such appointment.

121. The Prerogative of Mercy shall vest in the President and shall be exercised by him in accordance with the provisions of articles 191 to 196 (inclusive).


Basic Law of Guyana

Preamble
The State And The Constitution
Priniples And Bases Of The Political, Economic And Social System
Fundamental Rights and Freedoms of the Individual
Citizenship
Supreme Organs of Democratic Power
Composition Of Parliament
Elections
Powers and Procedure of Parliament
Local Democracy
Local Democratic Organs
The National Congress of Local Democratic Organs
The Supreme Congress of the People
The President
The Executive
The Judicature
The Supreme Court of the Judicature
Judges of the Supreme Court of Judicature
Appeals
The Service of Commissions
Protection of Fundamental Rights and Freedoms of the Individual
Parliament
The Supreme Congress Of The People
The President
Minister, Etc.
The Ombudsman
The Judicature
The Service Commissions
The Judicial Service Commission
The Police Service Commission
Pensions
Finance
Miscellaneous
Interpretation

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