`Dictatorial' presidential powers chopped


Guyana Chronicle
December 17, 2000


PRESIDENT Bharrat Jagdeo yesterday welcomed the changing of the law to axe sweeping presidential powers given under the controversial 1980 Constitution implemented by the People's National Congress (PNC) when it was in government under the late President Forbes Burnham.

The governing People's Progressive Party/Civic (PPP/Civic) maintained electoral promises when the National Assembly Friday night passed the Constitution Amendment Bill 2000, which removes the excessive powers the Constitution gave the presidency.

"I am extremely pleased with the passage of the legislation", Mr Jagdeo told the Chronicle yesterday.

"The amendment to the Constitution is more appropriate to the new democracy that we are trying to build in the country and is in keeping with a commitment in our (PPP/Civic) manifestoes for the 1992 and 1997 elections."

The PNC and other Opposition parties in Parliament supported the changes to the Constitution which required two-thirds backing by the National Assembly.

The changes include:

** Removal of the power of the President to dissolve Parliament if the National Assembly by two-thirds of all elected members resolve that the President has been guilty of a violation of the Constitution.

** Repealing a previous clause by which the President was immune to prosecution. ** Provide for the resignation of the Cabinet and the President following the defeat of the government in the National Assembly on a vote of confidence.

But although the government is defeated, it will be allowed to remain in office for three months or longer for the purpose of holding an election.

** To limit the number of Ministers and Parliamentary Secretaries who can be appointed from among non-elected members of the National Assembly to four and two, respectively.

A President is also now limited to two terms in office.

Parliamentary Affairs Minister, Mr Reepu Daman Persaud explained that the features of the 1980 Constitution which were "dictatorial and contrary to the concept of democracy" have been removed.

He called this "a revolutionary step in keeping with the manifesto promises of the PPP/Civic".

"We have kept our promise", Persaud told the Chronicle yesterday.

He said that under the changes, if a president breaches the Constitution he could be put on trial.

Under the 1980 Constitution, if the President had run afoul of the law, he could simply have dissolved Parliament and was immune from prosecution.

"The Bill broadens the concept of democracy", Persaud said.

"The extraordinary powers of the President have been removed. The PPP in opposition was against these powers given a president and these have now been removed."

He noted that under the 1980 Constitution, if a president had refused to assent to a bill Parliament passed, "he could have gone to the extreme and dissolve Parliament."

"Now, once a bill is presented to him a second time, he has to assent to it within ninety days. The bill also removes the power under which the President could have proceeded to dissolve Parliament", Persaud point out.

The amendments now mean that a president, or any other authority who performs any functions in accordance with the advice, recommendation or after consultation or concurrence with another person or authority, may be enquired into by a court.

A president now also has to have "meaningful consultations" with those he is required to consult, Persaud said.

The 1980 Constitution was enacted after a rigged referendum in 1978 which postponed elections due that year for two years.

The Constitution was widely condemned here, in the Caribbean and other parts of the world as dictatorial and an abuse of executive power.


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