L.R.O. 1/2012
LAWS OF GUYANA
RIGHTS COMMISSIONS TRIBUNAL ACT
CHAPTER 38:02
Act
9 of 2004
1 – 14 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 38:02 RIGHTS COMMISSIONS TRIBUNAL ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Establishment of the Rights Commissions Tribunal.
3. Composition of the Tribunal.
4. Headquarters of the Tribunal.
5. Registrar and other staff of the Tribunal.
6. Oath of office by registrar and members.
7. Administration of oaths by members or registrar.
8. Appeals to the Tribunal.
9. Parties to the appeal.
10. Notice of appeal to the respondent.
11. Hearing of appeal.
12. Absence of parties at hearing.
13. Admission of evidence by bench of the Tribunal.
14. Power of the bench of the Tribunal to summon and examine
witnesses.
15. Duty of witnesses summoned.
16. Penalty for contumacy or insult, interruption of proceedings, etc.
17. Power of the bench of the Tribunal to call for the record of
proceedings relating to the decision appealed from.
18. Procedure of the Tribunal.
19. Decisions of the bench of the Tribunal.
20. Appeals from decisions of the Tribunal.
21. Interlocutory orders.
22. Form and manner of service of notices.
23. Decisions of the Tribunal binding.
24. Power to make regulations.
SCHEDULE
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CHAPTER 38:02 RIGHTS COMMISSIONS TRIBUNAL ACT
9 of 2004 An Act to provide for the establishment of the Rights
Commissions Tribunal and for matters connected
therewith and incidental thereto.
[31ST MAY, 2004]
Short title.

Establishment
of the Rights
Commissions
Tribunal.
Composition of
the Tribunal.
1. This Act may be cited as the Rights Commissions
Tribunal Act.
2. There is hereby established a Tribunal to be known
as the Rights Commissions Tribunal (hereinafter referred to as
the Tribunal.)
3. (1) The Tribunal shall consist of the following
members—
(a) a chairperson to be appointed by the
President who shall act in accordance
with the advice of the Judicial Service
Commission and shall be a person
who –
(i) holds or has held office of a
Judge of the Court of Appeal;
or
(ii) is qualified to be appointed as a
Judge of the Court of Appeal or
holds or has held the office of a
Judge of the High Court; or
(iii) is qualified to be appointed as a
Judge of the High Court; or
(iv) a fit and proper person with
expertise in Human Rights
matters.
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Headquarters
of the Tribunal.
(b) two members to be appointed by the
President, who shall act in accordance
with the advice of the Public Service
Commission, from among persons,
qualified as having had experience of,
and shown capacity in, matters
relating to Human Rights.
(2) The members of the Tribunal shall be
appointed by instrument in writing for a period of three
years, and the membership as first constituted and every
change in the said membership shall be published in the
Gazette.
(3) Any member of the Tribunal may, at any time
by notice in writing to the President, resign his office as
member of the Tribunal.
(4) The President on the advice of the Judicial
Service Commission shall by notice in writing, remove from
office any member of the Tribunal for inability to perform the
functions of his office, whether arising from infirmity of mind
or body, or for misbehaviour or on the ground of any
employment or interest which is incompatible with the
functions of the Tribunal.
(5) A person shall be disqualified for appointment
as a member of the Tribunal if he is a member of the Ethnic
Relations Commission or any of the Rights Commissions.
(6) There shall be paid to each member of the
Tribunal such salary or remuneration and such allowances as
the President may prescribe by order which shall be subject to
affirmative resolution of the National Assembly.
4. The headquarters of the Tribunal shall be at
Georgetown, but the Tribunal may hold its sittings at any
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Registrar and
other staff of
the Tribunal.

Oath of office
by registrar and
members.
Schedule
Administration
of oath by
member or
registrar.

Appeals to the
Tribunal.
other place in Guyana.
5. (1) There shall be a registrar of the Tribunal who
shall be appointed by the Public Service Commission.
(2) The registrar shall be the Chief Executive
Officer of the Tribunal.
(3) The Minister shall provide the Tribunal with
such other staff as it may require for the exercise of its
functions.
6. Every member of the Tribunal and the registrar
shall before entering on the duties of his office take before the
President an oath of office as set out in the Schedule.
7. Every member of the Tribunal and the registrar
shall have power to administer oaths and take affidavits, and
to take solemn affirmations or declarations in lieu of oaths.
8. (1) An appeal shall lie to the Tribunal from any
decision made by a Rights Commission in the carrying out of
its functions under article 212J of the Constitution.
(2) An appeal under subsection (1) may be brought
to the Tribunal by any person aggrieved by any decision
referred to therein within a period of thirty days computed
from—
(a) the date of the receipt of the decision
by him; or
(b) the date on which he otherwise came
to know of the decision,
whichever date is earlier.
(3) Notwithstanding subsection (2), the bench of
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Parties to the
appeal.



Notice of
appeal to the
respondent.
the Tribunal may entertain an appeal after the expiry of the
aforesaid period of thirty days if it is satisfied that there was
reasonable cause for the delay.
(4) No appeal shall lie from any decision referred
to in subsection (1) made before the commencement of this
Act.
(5) Every appeal shall be in such form, and
accompanied by such documents and by such fees as the
chairperson, after consultation with the other members of the
Tribunal, may specify.
9. (1) All persons likely to be directly affected by the
outcome of the appeal shall be made parties to the appeal by
the appellant; but no person shall without his consent be
made a party to the appeal as appellant.
(2) The bench of the Tribunal may, at any stage of
the proceedings in an appeal, either upon or without the
application of any party and on such terms as appear to the
bench to be just, order that the name of any party improperly
joined be struck out and that the name of any person, who
ought to have been joined or whose presence before the bench
may be necessary in order to enable the bench effectually and
completely to adjudicate upon and settle all questions
involved in the appeal, be added as a party.
10. (1) Every appeal shall, as soon as may be
practicable after it is brought, be placed by the registrar before
a bench of the Tribunal constituted as provided, in section 11
(1) for preliminary hearing and notice of the date of such
hearing shall be issued to the appellant by the registrar.
(2) If the bench of the Tribunal after hearing the
appellant is satisfied that—
(a) the appeal is brought within the
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Hearing of
appeal.
period specified in section 8(2) or, if
after the expiry of that period there
was reasonable cause for the delay;
(b) the appellant has complied with the
provisions of section 8(5) relating to
the form of the appeal, production of
documents and payments of fees, if
any; and
(c) the appeal is not frivolous or
vexatious,
it may order that notice be issued to the respondent or, if
there are more respondents than one, to all the respondents,
that the appeal shall be heard, and in other cases it shall
dismiss the appeal:
Provided that in a case where the bench of the
Tribunal is satisfied of the matters referred to in paragraphs
(a) and (c), but is of the opinion that the appellant has not
complied with the provisions of section 8(5) relating to the
form of the appeal, production of the documents and
payment of fees in bringing the appeal, the bench of the
Tribunal may in the interests of justice, allow the appellant
reasonable time to comply with the provisions of section 8(5)
and shall dismiss the appeal under this proviso only if the
appellant rails or refuses to cure the defect within the time so
allowed.
11. (1) Every appeal shall be heard by the bench of
the Tribunal consisting of—
(a) the chairperson; and
(b) the members referred to in section
3(1) (b).

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Absence of
parties at
hearing



Admission of
evidence by the
bench of the
Tribunal.
(2) Notice of every hearing of the appeal, other
than a hearing under section 10, and of the date on which the
decision of the bench of the Tribunal is to be announced shall
be given to all parties to the appeal.
(3) A party to the appeal may, unless directed by
the bench of the Tribunal for reasons to be recorded in writing
to appear personally, appear either personally or through any
other person, duly authorised by him in that behalf, or an
attorney-at-law.
(4) The bench of the Tribunal may, if it appears to
be expedient in the interests of justice, postpone or adjourn
the hearing of an appeal or application or other proceedings
for such time and to such place, and upon such terms, if any,
as it may think fit.
12. (1) If any of the parties to the appeal fails to appear
when the appeal is called on for hearing by the bench of the
Tribunal, the bench may proceed to hear the appeal in the
absence of that party.
(2) Where an appeal has been heard by the bench
of the Tribunal under subsection (1) in the absence of any
party and any order has been made therein adverse to the
party so absent, that party may apply, within thirty days of
the making of the order, to the Tribunal to set aside the order
and to re-hear the appeal and, the bench of the Tribunal may,
if it thinks fit, and on such terms as to costs or otherwise as it
may deem just, direct the appeal to be re-heard.
(3) The provisions of subsections (1) and (2) shall
apply to the hearing by the bench of the Tribunal of any
interlocutory application.
13. (1) The bench of the Tribunal may, if it appears to
the bench to be necessary for the determination of any matter
in dispute in any appeal before it, allow the production of
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Power of bench
of the Tribunal
to summon and
examine
witnesses.

Duty of witness
summoned.



Penalty for
contumacy or
insult,
interruption of
proceedings,
etc .
evidence or fresh evidence.
(2) The bench of the Tribunal may accept evidence
by affidavit or otherwise.
14. (1) The bench of the Tribunal shall have the power
of a Judge of the High Court to summon witnesses, and to call
for the production of books, plans and other documents, and
to examine witnesses and parties concerned on oath.
(2) A summons for the attendance of a witness or
other person, or for the production of documents, shall be in
such form as may be specified by the Registrar and shall be
signed by the Registrar and shall be served in the same
manner as a notice.
15. Every person summoned to attend and give
evidence, or to produce books, plans or other documents at
any sitting of the bench of the Tribunal, shall be bound to
obey the summons served upon him as fully in all respects as
a witness is bound to obey a subpoena issued from the High
Court, and shall be entitled to like expenses as if he had been
summoned to attend the High Court on a civil trial and such
expenses shall be paid by the party summoning the witness.
16. (1) Every person, referred to in section 15,
refusing, omitting, without sufficient cause, to attend at the
time and place mentioned in the summons served on him,
and every such person attending but leaving a sitting of the
bench of the Tribunal without the permission of the members
of the bench or refusing without sufficient cause to answer, or
answer fully and satisfactorily to the best of his knowledge
and belief all questions put to him by or with concurrence of
the bench or refusing or omitting without sufficient cause to
produce any books, plans or other documents in his
possession or under his control and mentioned or referred to
in the summons served on him, and every person who shall,
at any sitting of any bench of the Tribunal, wilfully insult any
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Power of the
bench of the
Tribunal to call
for the record
of the
proceedings
relating to the
decision
appealed from.

Procedure of
the Tribunal.
Decisions of the
bench of the
Tribunal.
member or the registrar or wilfully interrupt the proceedings
of the bench, shall be liable on summary conviction to a fine
of fifty thousand dollars and to imprisonment for six months.
(2) Any witness who shall wilfully give false
evidence in any proceedings before any bench of the Tribunal
concerning the subject matter of the proceedings, shall be
guilty of perjury and shall be liable to be prosecuted and
punished accordingly.
17. (1) The bench of the Tribunal may, if it appears to
the bench to be necessary for the determination of any matter
in dispute in any appeal before it, direct a Rights Commission
to produce the record of the proceedings of, or before, the
Commission relating to the decision appealed from.
(2) A direction under subsection (1) shall be
addressed to the Secretary of the Commission, and sections 15
and 16 shall apply to, and in relation to, any such direction as
if it were a summons issued under section 14 to the Secretary
and each of the members of the Commission.
18. Subject to the provisions of this Act, the Tribunal
may regulate its own procedure, and make rules for that
purpose.
19. (1) The bench of the Tribunal shall announce its
decision of any matter as soon as may be practicable after the
hearing.
(2) Where all the members of the bench of the
Tribunal agree on the decision on any matter before it, that
decision shall be the decision of the bench, but where all the
members of the bench do not agree on the decision, the
decision of the majority of the members of the bench shall be
the-decision of the bench.
(3) The decision of the bench of the Tribunal shall
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Appeals from
decisions of the
Tribunal.
c. 3:01
Interlocutory
orders.
be in writing and signed by the members of the bench who
agree to the decision, and shall state the reasons for the
decision:
Provided that a member of the bench who does not agree
with the decision of the bench may record and sign his
dissent giving the reasons therefor and it shall be annexed to
the decision.
(4) A party to the appeal shall, on application
made therefor by him and payment of such fees, if any, as
may be specified by the registrar be provided with a copy of
the decision of the bench of the Tribunal on that appeal or any
proceedings in that appeal.
(5) The Tribunal may make an order for the
payment of costs to the successful party in relation to the
whole of the proceedings before it, or any part thereof,
including costs incurred in the summoning and attendance of
necessary witnesses.
20. An appeal to the Court of Appeal shall lie from
any decision of the Tribunal, including an appeal on a point
of law, and the Court of Appeal Act shall, with respect to the
procedure to appeal, apply to such appeal.
21. (1) Where an appeal has been brought to the
Tribunal, the bench of the Tribunal, may, on application made
to it by the appellant and on being satisfied that the interests
of justice so require—
(a) stay the operation of the decision
appealed from; or
(b) make such other order as it considers
appropriate in respect of the
operation or enforcement of the
decision appealed from,
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Form and
manner of
service of
notices.
Decisions of the
Tribunal
binding.

Power to make
regulations.
on such conditions, if any, as it deems fit.
(2) An order under subsection (1) shall ordinarily
be made after notice of the application for the order for the
respondent or, if there are more respondents than one, to all
the respondents, but if the bench of the Tribunal is satisfied
that the delay likely to be caused by the time taken for the
service of the notice on the respondent or the respondents
may defeat the interests of justice, it may make any order
referred to in subsection (1) without the issue of any such
notice and thereafter issue notice of the application to the
respondent or respondents:
Provided that a respondent may, on receipt of the notice
or otherwise, appear and show cause against the order so
made and after hearing the parties to the appeal, the bench of
the Tribunal may confirm, modify or cancel the order.
22. Notices in this Act shall be in such form, and shall
be served in such manner, as may be specified by the
Registrar.
23. A decision of the Tribunal on any appeal from a
decision of the Rights Commissions shall be binding on the
Commission and all parties to the appeal unless the Tribunal
grants a stay under section 21(l)(a) or the Court of Appeal
allows the appeal.
24. The Minister may make regulations for carrying
into effect the purposes of this Act and for such other matters
or things as may be required or necessary to facilitate the
efficient discharge of the functions of the Tr ibunal.
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s. 6 SCHEDULE
Form of Oath
OATH OF OFFICE
I................................................ do hereby solemnly declare
that I will bear true faith and allegiance to the People of
Guyana, that I will faithfully execute the office of
.................................................. without fear or favour, affection
or ill-will and that in the execution of the functions of that
office I will honour, uphold and preserve the Constitution of
the Co-operative Republic of Guyana.
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