The Government’s appeal of the constitutional challenge to the term limits case has been set 10:00hrs on March 12 2018. It will be done via audio-visual recording at the the Trinidad-based Caribbean Court of Justice (CCJ).
Former Speaker Raphael Trotman and Attorney General Basil Williams were the named respondents in the original constitutional challenge, which was filed by Georgetown resident Cedrick Richardson in the High Court. This court action, among other things, challenged the constitutionally of the National Assembly-sanctioned two-term limits on the Presidency.
Guyana’s Court of Appeal ruled in February 2017 that the constitutional amendments by Parliament to limit the amount of times a person can serve as President were unconstitutional. During that February decision, then acting Chancellor of the Judiciary, Justice Carl Singh, was supported by Justice of Appeal B.S. Roy in upholding then acting Chief Justice Ian Chang’s decision that the amendments were unconstitutional.
The decision which the Appellate Justice upheld signalled that an amendment to the Constitution on presidential term limits, which was enacted when the National Assembly altered Article 90 via a two-thirds vote in 2000, needs a referendum to make a final decision.
This enactment was recommended by an across-the-board Constitutional Reform Committee of 2000/2001. This Committee included both Government and Opposition input, and the reform received bipartisan support.
Many observers contend that if the CCJ rules in favour of former CJ Chang’s original ruling, it would allow for former Head of State Bharrat Jagdeo to run on the People’s Progressive Party/Civic (PPP/C’s) ticket at presidential candidate for the 2020 elections. Despite this scenario, the party is seemingly undecided on who will be their presidential candidate for next elections
Jagdeo, who now serves as Opposition Leader, had in fact told the press that he is more interested in building his party’s base than being bothered by an ongoing court matter. Jagdeo declared: “When the right time comes, we will decide on a presidential candidate.”
His comments followed speculation over his future, he having formerly served as President from 1999 to 2011, and having re-entered the field of active politics.
Jagdeo has stressed that he is mostly concerned about ensuring that his party is victorious at the nation’s next polls.
