THE JUDICATURE

The Supreme Court of the Judicature

ARTICLE  123.     
(1) There shall be for Guyana a Supreme Court of Judicature consisting of a Court of Appeal and a High Court, with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.
(2) Each of those Courts shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
(3) Parliament may confer on any court any part of the jurisdiction of and any powers conferred on the High Court by this Constitution or any other law.

ARTICLE 124.         
The Judges of the Court of Appeal shall be the Chancellor, who shall be the President of the Court of Appeal, the Chief Justice and such number of Justices of Appeal as may be prescribed by Parliament.

ARTICLE 125.         
The Judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.

Judges of the Supreme Court of Judicature

ARTICLE 126.         
Except as otherwise expressly provided or required by the context, in this Constitution the word "Judge" includes the Chancellor, the Chief Justice of Appeal and a Puisne Judge.

ARTICLE 127.     
(1)  The Chancellor and the Chief Justice shall be appointed by the President acting after consultation with the Minority Leader.
(2)  If the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his office, or if the person holding the office of Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President.

ARTICLE 128.     
(1)  The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.
(2)     If ––
  1. the office of any such Judge is vacant;
  2. any such Judge is for any reason unable to perform the functions of his office;
  3. any such Judge is acting as Chancellor of Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or
  4. the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires;
  5. the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require:
Provided that a person may be so appointed notwithstanding that he has attained the age at which that office is required by article 197 to be vacated by a holder thereof.

(3) The appointment of any person under the preceding paragraph to act in the office of a Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, actin g in accordance with the advice of the Judicial Service Commission.

ARTICLE 129.     
(1) A person shall not be qualified to be appointed to hold or to act in the office of a Judge unless ––
  1. he is or has been a judge of a court having unlimited jurisdiction and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or     
  2. he is qualified for admission as an attorney-at-law in Guyana and has been so qualified for such period as may be prescribed by Parliament.
(2)  Parliament may prescribe different periods under subparagraph (b) of the preceding paragraph in relation to the offices of the different Judges mentioned in article 126.

ARTICLE 130.     
(1)  Parliament may make provision for the exercise of ––
  1. the jurisdiction and powers of a Justice of Appeal by such Puisne Judge as may be requested by the Chancellor to sit as an additional Justice of Appeal at sittings of the Court of Appeal; and
  2. the jurisdiction and powers of a Puisne Judge by such Justice of Appeal as may be requested by the Chancellor to sit an additional Puisne Judge.
(2) Article 132 shall not apply to a Justice of Appeal or a Puisne Judge in the carrying out by him of any function pursuant to paragraph (1).

ARTICLE 131.         
Judges shall have full security of office as provided for in article 197.

ARTICLE 132.         
A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of office.

Appeals

ARTICLE 133.     
(1)  An appeal to the Court of Appeal shall lie as of right from decisions of the High Court in the following cases, that is to say ––
  1. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution; and
  2. final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which related to the enforcement of fundamental rights and freedoms).
(2)  Nothing in paragraph (1) shall apply to the matters for which provision is made by article 163.