Latest update March 28th, 2025 12:10 AM
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High Court responsible for qualification of Parliamentary members
– GECOM legal advisor
The Supreme Court has “exclusive jurisdiction” with regard to who may qualify to sit in the National Assembly. This is according to Article 163 (1) which speaks to all issues of eligibility in relation to elections.
GECOM says the Supreme Court has exclusive jurisdiction with regard to who may qualify to sit in the National Assembly.
Concerns were expressed in the public over several political figures having dual citizenship, thus contradicting Article 155 (1) (a) of the Constitution which states that they must not be committed to another government.
The Article states that “No person shall be qualified for election as a member of the National Assembly who – is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state…”
The Guyana Elections Commission (GECOM) has stated however that it is not within their authority to ensure the adherence to this law since the Constitution gives the High Court that “exclusive jurisdiction.”
The elections body’s legal advisor, Juanita Barker referred this publication yesterday to Article 163 (1) before explaining that neither of the Articles (155 or 163) speaks to the issue of dual citizenship. She established that the issue can be viewed differently, since in her estimation one could pledge allegiance and not have citizenship.
Regardless of how the matter is viewed, Barker pointed out that attention must be paid to Article 163 on any matter of eligibility.
Article 163 states that, “Subject to the provisions of this article, the High Court shall have exclusive jurisdiction to determine any question – (a) regarding the qualification of any person to be elected as a member of the National Assembly; – (b) whether (i) either generally or in any particular place, an election has been lawfully conducted or the result thereof has been, or may have been, affected by any unlawful act or omission; (ii) the seats in the Assembly have been lawfully allocated; (iii) a seat in the Assembly has become vacant; or (iv) any member of the Assembly is required under the provisions of article 156
-(2) to cease to exercise any of his functions as a member thereof; (c) regarding the filling of a vacant seat in the Assembly; or (d) whether any person has been validly elected as Speaker of the Assembly from among persons who are not members thereof or, having been so elected, has vacated the office of Speaker.”
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