Constitution de la République des Seychelles, Seychelles

CONSTITUTION OF THE REPUBLIC OF SEYCHELLES

[21st June, 1993]

S.I.38 of 1993. ARRANGEMENT OF ARTICLES *Act 7 of 1994.

*Act 5 of 1995 *Act 19 of 1995

PREAMBLE

*Act 14 of 1996.

S.I. 11 of 1998. *Act 7 of 2000.

CHAPTER I

S.I.

31 of 2000.

S.I.

22 of 2001.

S.I.

32 of 2002.

THE REPUBLIC

Act 7 of 2011

ARTICLES

1. Declaration of Republic
2. National territory
3. National symbols
4. National languages
5. Constitution is supreme law
6. Principles of interpretation

CHAPTER II

CITIZENSHIP

1. Persons continuing to be citizens
2. Persons born in Seychelles
3. Limitation on operation of article 8
4. Persons born outside Seychelles before Independence Day
5. Persons born outside Seychelles after this Constitution comes into force
6. Marriage to citizen of Seychelles
7. Acquisition of citizenship, etc.
8. Interpretation of Chapter II

CHAPTER III

PART I

SEYCHELLOIS CHARTER OF FUNDAMENTAL HUMAN RIGHTS
AND FREEDOMS

ARTICLES

1. Right to life
2. Right to dignity

*First Amendment -Act 7 of 1994 14^th July 1994 Third Amendment -Act 19 of 1995 20^th November 1995 Second Amendment -Act 5 of 1995 27^th March 1995 Fourth Amendment -Act 14 of 1996 14^th August 1996 Fifth Amendment -Act 7 of 2000 26^th June 2000 Sixth Amendment -Act 7 of 2011 12^th July 2011

1. Freedom from slavery and forced or compulsory labour
2. Right to liberty
3. Right to fair and public hearing
4. Right to privacy
5. Freedom of conscience
6. Freedom of expression
7. Right of assembly and association
8. Right to participate in Government
9. Freedom of movement
10. Right to property
11. Right to equal protection of the law
12. Right of access to official information
13. Right to health care
14. Right of working mothers
15. Right of minors
16. Protection of families
17. Right to education
18. Right to shelter
19. Right to work
20. Right of the aged and the disabled
21. Right to social security
22. Right to safe environment
23. Right to cultural life and values

PART II

ARTICLES

40. Fundamental duties

PART III

STATE OF EMERGENCY AND SAVINGS

1. Declaration of state of emergency
2. Provisions where National Assembly is not sitting or in session
3. Restrictions of rights and freedoms during a state of public emergency
4. Savings in relation to disciplinary force

PART IV

REMEDIES

1. Abuse of right or freedom
2. Remedies for infringement of the Charter

PART V

PRINCIPLES OF INTERPRETATION

1. Scope of exceptions
2. Consistency with international obligations of Seychelles
3. Interpretation

CHAPTER IV

THE PRESIDENT

1. President of Seychelles
2. Qualification for election as President and election
3. Tenure of office of President 52A. Appealing for fresh mandate
4. Removal of the President for incapacity
5. Removal of President for violation of Constitution or gross misconduct
6. Vacancy in the office of President
7. Discharge of functions of President during temporary absence from office.
8. Oath of President
9. Salary and allowances for President
10. Protection of President in respect of legal proceedings during office
11. Power of pardon
12. Advisory committee
13. Establishment and abolition of and appointment to offices
14. Appointments subject to approval of National Assembly
15. Diplomatic representation and execution of treaties
16. Presidential message

CHAPTER V

THE EXECUTIVE

1. Executive authority of the Republic 66A. Vice-President
2. Cabinet
3. Functions of the Cabinet
4. Ministers
5. Functions of Ministers
6. Collective responsibility of Cabinet
7. Term of office of Ministers
8. Resignation and removal of Ministers
9. Vote of censure
10. Designated Minister
11. Attorney-General

CHAPTER VI

LEGISLATURE

PART I

NATIONAL ASSEMBLY

ARTICLES

1. National Assembly
2. Composition of National Assembly
3. General election and by-election
4. Qualifications for membership to the National Assembly
5. Vacation of seats
6. Determination of question as to membership
7. Speaker and Deputy Speaker
8. Leader of the Opposition

PART II

LEGISLATIVE POWER AND ITS EXERCISE

1. Vesting of legislative power
2. Exercise of legislative power
3. Referral of Bills to Constitutional Court by President
4. Withholding of assent by President
5. Subsidiary legislation
6. Restriction of certain measures

PART III

91. Alteration of the Constitution.

PART IV

PROCEDURES IN THE NATIONAL ASSEMBLY

ARTICLES

1. President may address National Assembly
2. Attendance of Ministers at meetings of the National Assembly
3. Right to introduce Bills
4. Quorum of the National Assembly
5. Voting

1. President of meetings of the National Assembly
2. Oath to be taken by members
3. Validity of proceedings
4. Standing Orders
5. Privileges and immunities
6. Service of process
7. Committees
8. Salary of members

PART V

SESSIONS AND DISSOLUTION OF THE NATIONAL ASSEMBLY

1. Session and dissolution of Assembly
2. First meeting of National Assembly
3. Place and time of meetings.
4. President may summon meetings
5. Dissolution of Assembly by President
6. Dissolution of Assembly by Assembly

CHAPTER VII

ELECTORAL AREAS, FRANCHISE AND ELECTORAL COMMISSIONER

1. Electoral areas
1. Right to vote
2. ARTICLES
2. Qualification for registration as a voter
3. Electoral Commissioner
4. Functions of Electoral Commissioner
5. Control of funds in relation to election and referendum
6. Registration of political parties and control of funds

CHAPTER VIII

JUDICIARY

PART I

GENERAL

119. Judicial power of Seychelles

PART II

COURT OF APPEAL

1. Establishment and jurisdiction of Court of Appeal
2. Composition of Court of Appeal
3. Qualification of Justices of Appeal
4. Appointment of Justices of Appeal
5. Acting appointment of Justices of Appeal

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PART III

SUPREME COURT

1. Establishment and jurisdiction of Supreme Court
2. Qualification of Judges and Masters
3. Appointment of Judges and Masters
4. Acting appointment of Judges

PART IV

CONSTITUTIONAL QUESTIONS

ARTICLES

1. Supreme Court as Constitutional Court
2. Constitutional questions before Constitutional Court

PART V

1. Tenure of office of Justices of Appeal and Judges
2. Miscellaneous provisions with respect to tenure
3. Salary etc. of Justices of Appeal and Judges
4. Removal of Justice of Appeal or Judge from office

PART VI

MISCELLANEOUS

1. Oaths to be taken by Justices of Appeal, Judges and Masters of Supreme Court.
2. Rules of Court
3. Other courts
4. Seal of Court

CHAPTER IX

CONSTITUTIONAL APPOINTMENTS AUTHORITY

1. Establishment of Constitutional Appointments Authority.
2. Composition of Constitutional Appointments Authority.
3. Qualification for membership
4. Tenure of office etc.

CHAPTER X

OMBUDSMAN

ARTICLES

1. Ombudsman
2. Tenure of office of Ombudsman

CHAPTER XI

PUBLIC SERVICE APPEAL BOARD

1. Establishment of the Public Service Appeal Board
2. Functions of the Public Service Appeal Board
3. Investigate Power
4. Composition of Public Service Appeal Board
5. Qualification for membership
6. Tenure of office etc.

CHAPTER XII

FINANCE

1. Consolidated Fund
2. Withdrawal from Consolidated Fund
3. Public Debt
4. Appropriation Act and statement of account
5. Authorisation of expenditure in advance of appropriation
6. Contingencies Fund and other funds.
7. Imposition of taxation
8. Auditor-General

CHAPTER XIII

THE POLICE FORCE

1. Establishment of Police Force
1. Commissioner of Police
2. ARTICLES
2. Functions of Police Force

CHAPTER XIV

DEFENCE FORCES

1. Establishment of Defence Forces
2. Functions of Defence Forces

CHAPTER XV

MISCELLANEOUS

1. Referendum
2. Removal of certain officers
3. Removal of Commissioners
4. Local Administration
5. Independent State-owned broadcasting media
6. Oath of allegiance

CHAPTER XVI

TRANSITIONAL PROVISIONS

170. Schedule 7
Schedule 1 Islands of the Seychelles Archipelago
Schedule 2 Principles of Interpretation
Schedule 3 Election of President
Schedule 4 Legislature- proportionately elected members
Schedule 5 Ombudsman
Schedule 6 Oaths
Schedule 7 Transitional:

Part I -Existing Officers and Offices Part II -First Elections and First Sitting of the National

Assembly. Part III- Compensation for Past Land Acquisitions Part IV-Transitional (Fourth Amendment)

CONSTITUTION OF THE REPUBLIC OF SEYCHELLES

PREAMBLE

We, the People of Seychelles,

GRATEFUL to Almighty God that we inhabit one of the most beautiful countries in the world;

EVER MINDFUL of the uniqueness and fragility of Seychelles; CONSCIOUS of our colonial history before becoming an Independent Republic;

AWARE and PROUD that as descendants of different races we have learnt to live together as one Nation under God and can serve as an example for a harmonious multi-racial society;

HAVING attained national stability and political maturity despite the pressures of a sadly divided world;

DESIROUS to build a just, fraternal and humane society in a spirit of friendship and co-operation with all peoples of the world;

RECOGNISING the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity;

REAFFIRMING that these rights include the rights of the individual to life, liberty and the pursuit of happiness free from all types of discrimination;

CONSIDERING that these rights are most effectively maintained and protected in a democratic society where all powers of Government spring from the will of the people;’

EXERCISING our natural and inalienable right to a framework of Government which shall secure for ourselves and posterity the blessings of truth, liberty, fraternity, equality of opportunity, justice, peace, stability and prosperity;

INVOKING the blessings of Almighty God; 3/7/199 4

SOLEMNLY DECLARING our unswaying commitment, during

this our Third Republic, to

* maintain Seychelles as an independent State both politically
and economically;

*Safeguard its sovereignty and territorial integrity;

*uphold the rule of law based on the recognition of the
fundamental human rights and freedoms enshrined in this
Constitution and on respect for the equality and dignity of human
beings;

*develop a democratic system which will ensure the creation
of an adequate and progressive social order guaranteeing food,
clothing, shelter, education, health and a steadily rising standard
of living for all Seychellois;

*participate actively in the sustainable economic and social
development of our society;

*exercise our individual rights and freedoms with due regard
to the rights and freedoms of others and the common interest;

*help preserve a safe, healthy and functioning environment
for ourselves and for posterity;
HEREBY adopt and confer upon ourselves this Constitution as
the fundamental and supreme law of our Sovereign and
Democratic Republic.

CHAPTER 1

THE REPUBLIC

Declaration

1. Seychelles is a sovereign democratic Republic.

of Republic

2.(1) The territory of Seychelles shall consist of− National

territory.

(a)

the islands of the Seychelles Archipelago, as set out in Part 1 of Schedule 1;

(b)

the territorial waters and historic waters of Seychelles and the seabed and subsoil under lying those waters;

(c)

the airspace above those islands and those waters; and

(d)

Such additional areas as may be declared by law to be part of the territory of Seychelles.

(2)Notwithstanding clause (1), a law may proclaim complete or partial or partial jurisdiction of the Republic over any other area of land, water or airspace.

(3)

An Act shall declare the limit of the territorial waters and historic waters of Seychelles and may prescribe the limit of the airspace referred to in clause (1)(c).

(3)

There shall be a Public Seal, a National Flag, a National National

symbols

Anthem, a National Emblem and a National Motto, each of which shall be as prescribed by an Act.

4(1) The National languages of Seychelles shall be Creole, National English and French languages

(2) Notwithstanding clause (1), a person may use any of the national languages for any purpose but a law may provide for the use of any one or more of the national languages for any specific purpose.

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5. This Constitution is the supreme law of Seychelles and any Constitution is

supreme law.

law found to be inconsistent with this Constitution is, to the

extent of the inconsistency, void.

6. Schedule 2 shall apply for and with respect to thePrinciples of

Interpretation

interpretation of the Constitution.

CHAPTER II

PART II

FUNDAMENTAL DUTIES

Fundamental duties

40. It shall be the duty of every citizen of Seychelles−

(a)

to uphold and defend this Constitution and the law;

(b)

to further the national interest and to foster national unity;

(d)

to work conscientiously in a chosen profession, occupation or trade;

(e)

to contribute towards the well-being of the community;

(f)

to protect, preserve and improve the environment; and

(g)generally, to strive towards the fulfillment of the aspirations contained in the Preamble of this Constitution.

PART III

STATE OF EMERGENCY AND SAVINGS

41.(1)The President may, where the President has reason to believe that−

(a)

a grave threat to national security or public order has arisen or is imminent; or

(b)

a grave civil emergency has arisen or is imminent,

in Seychelles or in any part of Seychelles, by a Proclamation published in the Gazette, declare that a state of emergency exists in Seychelles or that part of Seychelles.

(2)A declaration made under clause (1) shall cease to have effect on the expiration of a period of seven days beginning with the date of the publication of the declaration unless, before the expiration of the period, it is approved by a resolution passed by not less that two-thirds of the number of members of the National Assembly.

(3)The President shall, within seventy-two hours after the publication of the Proclamation under clause (1), send to the speaker of the National Assembly the facts and circumstances leading to the declaration of the state of emergency and the Speaker shall, within seven days after the publication, cause the declaration and the facts and circumstances leading to the declaration to be considered by the Assembly.

(4) Subject to clause (5), a declaration of emergency approved by the National Assembly under clause (2) shall continue in force until the expiration of a period of three months beginning with the date of its approval or until such earlier date as may be specified in the resolution.

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Declaration

of state of emergency

(5)

The National Assembly may, by a resolution passed by the votes of a majority of members of the National Assembly, at any time, revoke a declaration approved by the National Assembly under this article.

(6)

Whenever an election to the office of President results in a change in the holder of that office a declaration under this article which is in force immediately before the day on which the President assumes office shall cease to have effect on the expiration of seven days beginning with that day.

(7)

Notwithstanding clause (1), where the National Assembly resolves under clause (2) that the declaration of a state of emergency should not continue or revokes a declaration of state of emergency under clause (5), the President shall not, within thirty days of the resolution or revocation, declare a state of emergency based wholly or mainly on the same facts unless the National Assembly has, by a resolution passed by the votes of a majority of its members, authorised the making of the declaration.

(8)

Where due to circumstances prevailing at the time of a declaration of a state of emergency under clause (1) it is impracticable to publish in the Gazette the Proclamation may be published in such manner as the President may determine so as to give it as much publicity as is possible and such publication shall be deemed to be a sufficient compliance with clause (1) for the purposes of this article.

(9)

Clauses (2) to (6) and (8) shall apply in respect of a declaration of emergency made under clause (7).

42.(1) Where the National Assembly is in session but not sitting when a declaration is made under article 41 (1) or (7), the Speaker shall immediately summon the Assembly to meet on a date that is not more that seven days after the publication of the declaration.

(2)Where the National Assembly stands dissolved when a declaration is made under article 41 (1) or (7), the President shall, in the Proclamation making the declaration, summon the members of the dissolved Assembly to meet on a date that is not more that

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Provisions where National Assembly is not sitting or in session

seven days after the making of the declaration and the members may, until a new National Assembly first meets, meet and continue to meet for the purpose of discharging the functions of the National Assembly for the purposes of article 41.

(3) For the purposes of clause (2), the speaker or Deputy Speaker immediately before the dissolution of the National Assembly shall preside over the sittings of the National Assembly.

43. (1) This article shall apply during any period of public emergency.

(2)

Notwithstanding this Chapter but subject to clause (3), a law may provide for the taking during a period of public emergency of such measures as are strictly required to meet the exigencies of the situation.

(3)

A law referred to in clause (2) shall not provide for the taking of measures that are inconsistent with which articles 15, 16, 17, 18 (3) 19 (2) to (6) and (11), 21 and 27.

(4)

Where a law referred to in clause (2) provides for the detention of persons provision shall be made in the law−

(a)

that, as soon as is reasonably practicable and in any case not more than seven days after the commencement of the detention, the person detained shall be furnished with a statement in writing, in, as far as is practicable, a language that the person understands, specifying in detail the grounds upon which the person is detained;

(b)that not more than seven days after the commencement of the detention, a notice shall be published in the Gazette and a local daily newspaper of wide circulation in Seychelles stating the name of the person detained and the particulars of the law under which the detention was made;

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Restrictions of rights and freedoms during a period of public emergency

(c)that not more than a month after the detention and thereafter at intervals of not more than three months the detention of the person shall be reviewed by an independent and impartial tribunal appointed by the President from candidates proposed by the Constitutional Appointments Authority for this purpose;

(d)that the person detained shall be entitled to choose and be afforded reasonable facilities to consult a legal practitioner, to appear, in person or through the legal practitioner, before the tribunal, and that were the law so provides the services of the legal practitioner shall be at public expense;

(e)that the person detained shall be released forthwith if the tribunal reviewing the detention is satisfied that it is not reasonably necessary or expedient for the purpose of the emergency to continue with the detention;

(f)where the tribunal reviewing the detention of a person does not order the release of the person the tribunal may make recommendation to the authority detaining the person concerning the necessity or expediency of continuing with the detention and a copy of the recommendation shall be served on the person detained.

(5)

A tribunal appointed under clause (4) (c) shall have a Judge as chairman.

44.(1) A law made in relation to a disciplinary force of Seychelles may, in so far as it is necessary in a democratic society, provide for the derogation against the provisions of the Charter, other than articles 15, 16, and 17.

(2)

A law of a country other than Seychelles whose disciplinary force is lawfully in Seychelles in pursuance of arrangements made between the Government of Seychelles and another government or an international organization shall, in so far as the law applies to the disciplinary force, not be held to be inconsistent or in contravention of the provisions of the Charter.

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Savings in relation to disciplinary force

(3)

A law which authorises the taking of any measure against a member of a disciplinary force of a country with which Seychelles is at war shall not be held to be inconsistent with the Charter.

(4)

A law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity.

PART-IV

REMEDIES

45. This Chapter shall not be interpreted so as to confer on any person or group the right to engage in any activity aimed at the suppression of a right or freedom contained in the Charter.

46.(1) A person who claims that a provision of this Charter has been or is likely to be contravened in relation to the person by any law, act or omission may, subject to this article, apply to the Constitutional Court for redress.

(2)

An application under clause (1) may, where the Constitutional Court is satisfied that the person whose right or freedom has been or is likely to be contravened is unable to do so, be made by another person acting on behalf of that person, with or without that person’s authority.

(3)

The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a

decision of such court.

(4)

Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.

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Abuse of right or freedom

Remedies for infringement of the charter

(5)

Upon hearing of an application under clause (1) the
Constitutional Court may−

(a)

declare any act or omission which is the subject of the application to be a contravention of the Charter;

(b)

declare any law or the provision of any law which contravenes the Charter void;

(c)

make such declaration or order, issue such writ and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Charter and disposing of all the issues relating to the application;

(d)

award any damages for the purpose of compensating the person concerned for any damages suffered;

(e)

make such additional order under this Constitution or as may be prescribed by law.

(6)

Where the Constitutional Court makes a declaration
under clause (5)(b) the Court shall, subject to any decision in
appeal therefrom, send a copy of the declaration to the President
and the Speaker.

(7)

Where in the course of any proceedings in any court,
other than the Constitutional Court or the Court of Appeal, a
question arises with regard to whether there has been or is likely
to be a contravention of the Charter, the court shall, if it is
satisfied that the question is not frivolous or vexatious or has
already been the subject of a decision of the Constitutional
Court or the Court of Appeal, immediately adjourn the
proceedings and refer the question for determination by the
Constitutional Court.

(8)

Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (7), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.

(9)

The Court in which the question referred to in clause (7) arose shall dispose of the case in accordance with the decision of the Constitutional Court, or if that decision is the subject of an appeal to the Court of Appeal, in accordance with the decision of the Court of Appeal.

(10)

The Chief Justice may make rules for the purpose of this article with respect to the practice and procedure of the Constitutional Court in relation to the jurisdiction and power conferred upon it by or under this article, including rules with respect to the time within which an application or a reference may be made or brought.

PART V

PRINCIPLES OF INTERPRETATION

47. Where a right or freedom contained in this Charter is subject to any limitation, restriction or qualification, that limitation, restriction or qualification−

(a)

shall have no wider effect than is strictly necessary in the circumstances; and

(b)

shall not be applied for any purpose other than that for which it has been prescribed.

48. This Chapter shall be interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms and a court shall, when interpreting the provision of this Chapter, take judicial notice of−

(a)the international instruments containing these obligations;

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Scope of exceptions

Consistency with international obligations of Seychelles

(b)the reports and expression of views of bodies administering or enforcing these instruments;

(c)the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;

(d) the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions.

49. In this Chapter, unless the context otherwise requires−

“Charter” or “Seychellois Charter of Fundamental Human Rights and Freedoms” means Part 1 of this Chapter;

“contravene”, in relation to a requirement or condition in this Chapter, includes a failure to comply with the requirement or condition;

“court” means any court of law or tribunal having jurisdiction in Seychelles excepting, save as in articles 19 and 46, a court established by or under a disciplinary law;

“democratic society” means a pluralistic society in which there is tolerance, proper regard for the fundamental human rights and freedoms and the rule of law and where there is a balance of power among the Executive, Legislature and Judiciary;

“disciplinary force” means−

(a) a naval, military or air force;

(b)the police force of Seychelles;

(c)the prison service of Seychelles;

(d)any other similar force established by law.

“disciplinary law” means a law regulating the discipline of a disciplinary force;

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Interpretation

“governmental authority” includes a department, division, agency or instrumentality of the Government and any statutory body or body set up by administrative action for governmental or official purposes;

“legal practitioner” mean a person lawfully in or entitled to be in Seychelles and entitled to practice law in Seychelles;

“member”, in relation to a disciplinary force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

“minor” means an individual who has not attained the age of eighteen years;

“period of public emergency” means any period during which−

“public officer” includes a person employed by a governmental authority.

CHAPTER IV

THE PRESIDENT

50. There shall be a President of Seychelles who shall be the Head of State, Head of Government and Commander-in-Chief of the Defence Forces of Seychelles.

51.(1) A person is qualified for election as President if−

(a)

the person is a citizen of Seychelles;

(b)

the person is not disqualified from registration as a voter under this Constitution.

(2)

Subject to clause (6), Schedule 3 shall have effect with regard to the election of the President.

46

President of
Seychelles

Qualification
for election
as President
and election

(3)

The Constitutional Court shall have jurisdiction to
hear and determine whether a person has been validly
elected to the office of President.

(4)

An application under clause (3) may be made by a
person entitled to vote at an election of the President, a
person who was a candidate at the election or the Attorney-
General.

(5)

Where a person other than the Attorney-General
makes an application under this article, the Attorney-
General may intervene and may appear or be represented in
the proceedings.

(6)

A law may provide for—

(a)

the circumstances and manner in which and the imposition of conditions upon which an application may be made to the Constitutional

Court for the determination of a question under clause (3);

(b)

the powers, practice and procedure of the Constitutional Court in relation to the application; and

(c)

any matter, not otherwise provided for in Schedule 3, which is necessary or required to ensure a true, fair and effective election of the President.

Tenure of

52.(1)Subject to this article, a person elected as President shall

office of

hold office for a term of five years — President.

3/7/1994.

(a)beginning with the date next following the date of the declaration of the election of President; or

(b)

where another person holds office as President on the date next following the date of the declaration of the election of President, beginning on the date next

(c)

following the date on which the office next becomes vacant.

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(2)A person shall hold office as President under this Constitution for not more than three terms.

(3)The office of President becomes vacant−

(a)

on the expiration of the period specified in clause (1);

(b)

where an election for the office of President is held before the expiration of five years referred to in clause (1), on the date next following the date of declaration of the election of President; or

(c)

where the incumbent dies or resigns or is removed from office under this Constitution.

(4)Where, but for this clause, the office of President would become vacant on a particular date by reason of the operation of clause (3)(a), but on that date an election held under article 51 has not resulted in the election of the President, the incumbent President shall continue to hold office until the end of the day on which the President is elected under article 51.

(5)The President may, by writing addressed to the Speaker, resign from the office of President.

(6)Where a period of public emergency subsists at the time when the term of office of President would end, the National Assembly may, by resolution approved by a majority of the members of the Assembly, extend the term of office of President —

(a)

where there is a declaration of a state of emergency, for not more than six months at a time but up to a maximum aggregate period of twelve months;

(d)

where Seychelles is at war, for not more than twelve months at a time but up to a maximum aggregate period of forty-eight months,

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and a period of extension shall not extend beyond the duration
of the current session of the National Assembly or beyond the
period by which the session of the National Assembly is
extended in the same circumstances under this Constitution.

52A.(1) The provisions of this article shall have effectAppealing for

fresh mandate.

notwithstanding anything to the contrary in the other

2/7/2000.

provisions of this Chapter.

(2)

The President may, at any time after the expiration of
one year from the commencement of the President's first or
second term of office, by Proclamation published in the
Gazette, declare the President's intention of appealing to the
People for a mandate to hold office, by election, for a further
term.

(3)

Upon the making of a Proclamation under clause (2),
the Electoral Commission shall, subject to the provisions of
this article, hold a Presidential election.

(4)

(a) The President may revoke a Proclamation made under this article by notice published in the Gazette, at any time before the day appointed as nomination day in relation to the election of the President.

(b)

The President shall not withdraw his nomination as candidate at such election.

(5)

If at any time after the date of a Proclamation made
under clause (2) and before the close of the poll at the election
held in pursuance of the Proclamation, the incumbent President
dies, the Proclamation shall be deemed to have been revoked
with effect from the date of such death, and the election to be
held in pursuance of the Proclamation shall be deemed to be
cancelled.

(6)The person declared elected as President at an election
held under this article shall, if such person —

(a)

is the incumbent President, hold office for a further term of five years beginning with the date next following the date on which the term of office of the incumbent President is deemed to have expired under clause (7);

(b)

is a person other than the incumbent President, hold office for a term of five years beginning with the date next following the date of declaration of the election of President.

(7)

Where an election is held under this article, the term of
office of the incumbent President —

(a)

shall be deemed to have expired on the date next following the date of declaration of election of President in that election; and

(b)

shall constitute one term for the purpose of article 52(2).

53.(1)This article shall have effect with regard to the removal of Removal of the

President for

the President from office on the ground of mental or physical

incapacity.

incapacity.

(2)Where the Cabinet resolves, upon a motion
supported by the votes of a majority of all the members
of the Cabinet that the question of the mental or physical
capacity of the President to discharge the functions of the
office of President ought to be investigated, the Cabinet shall
so inform the Chief Justice.

(3)

Where notice in writing signed by not less than half the
number of members of the National Assembly of a motion
requesting that the question of the mental or physical capacity
of the President to discharge the functions of the office of
President ought to be investigated is given to the Speaker, the
Speaker shall−

(a)

where the National Assembly is sitting or has been summoned to meet within five days, cause the motion to be considered by the Assembly as soon as is practicable within seven days of the notice;

(b)

where the National Assembly is not then sitting, summon the Assembly to meet on a date within fourteen days of the notice and cause the motion to be considered at that meeting.

(4)

Where a motion under clause (3) is proposed for consideration by the National Assembly, the Assembly shall not debate the motion but the Speaker shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less that two-thirds of the number of its members, shall declare the motion to be passed and shall deliver a copy of the motion to the President and the Chief Justice.

(5)

Where the Chief Justice is informed under clause (2) or receives a copy of a motion under clause (4), the Chief Justice shall appoint a medical board consisting of not less than three persons selected by the Chief Justice from among persons who are qualified as medical practitioners under a law, and the medical board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board as to whether or not the President is, by reason of and infirmity of body or mind, incapable discharging the functions of the office of President.

(6)

Where under clause (5) the medical board reports that the President is capable of discharging the functions of the office of President, the Chief Justice shall inform accordingly−

(a)

where the investigation was carried out at the instance of the Cabinet, the Cabinet; or

(b)

where the investigation was carried out at the instance of the National Assembly, the Speaker,

51

and, as soon as is practicable, thereafter the Cabinet shall

inform the President accordingly or the Speaker shall inform

the President and the National Assembly accordingly, as the

case may be.

(7)

Where under clause (5) the medical board reports
that the President is incapable of discharging the functions
of the office of President, the Chief Justice shall certify in
writing accordingly and−

(a)

where the investigation was carried out at the instance of the Cabinet, submit the findings to the Cabinet, and the Cabinet shall inform the President of the findings and submit the findings to the Speaker; or

(b)

where the investigation was carried out at the instance of the National Assembly, submit the findings to the Speaker and the Speaker shall inform the President of the findings.

(8)

Where the Speaker receives a report under clause
(7), the speaker shall,−

(a)

where the National Assembly is sitting or has been summoned to meet within five days, cause the findings of the medical board to be considered by the Assembly as soon as is practicable; or

(b)

where the National Assembly is not sitting, immediately summon the Assembly to meet and cause the findings of the medical board to be considered at that meeting.

(9)

Where the National Assembly, when if meets
pursuant to clause (8), resolves by the votes of not less that
two-thirds of the number of its members that the finding of
the medical board be adopted, the President shall cease to
hold office on the passing of the resolution.

54.(1) Where notice in writing signed by not less than half the number of the members of the National Assembly of a motion alleging that the President has committed a violation of this Constitution or a gross misconduct and specifying the particulars of the allegation and proposing that the Constitutional Court investigates the allegations is given to the Speaker, the Speaker shall−

(a)

if the National Assembly is then sitting or has been summoned to meet within five days, cause the motion to be considered by the Assembly within seven days of the notice; or

(b)

if the National Assembly is not sitting, summon the Assembly to meet on a date within fourteen days of the notice and cause the motion to be considered at that meeting.

(2)

Where a motion under clause (1) is proposed for consideration by the National Assembly, the Assembly shall not debate the motion but the Speaker shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less that two-thirds of the number of its members, shall declare the motion to be passed.

(3)Where a motion is declared to be passed under clause (2)-

(a)

the Speaker shall deliver a copy of the motion to the President and the Chief Justice;

(b)

the Chief Justice shall place the matter before the Constitutional Court;

(c)

the Constitutional Court shall investigate the matter and report to the Speaker whether it finds that the particulars of the allegation specified in the motion constitute a prima

53

Removal of President for violation of Constitution or gross misconduct

facie case for the removal of the President; and

(d)

the Constitutional Court in investigating the matter under paragraph (c) may summon and examine any witnesses or otherwise exercise all the powers of the Supreme Court.

(4)

The President shall have the right to appear and be represented before the Constitutional Court during its investigation of the allegation.

(5)

Where the Constitutional Court reports to the Speaker that the Court finds that the particulars of an allegation against the President specified in the motion do not constitute a prima facie case for the removal of the President, no further proceedings shall be taken under this article in respect of that allegation.

(6)

Where the Constitutional Court reports to the Speaker that the Court finds that the particulars of an allegation against the President specified in the motion constitute a prima facie case for the removal of the President, the Speaker shall, within ten days after a report is made to the Speaker pursuant to clause(3) (c)−

(a)

where the National Assembly is sitting or has been summoned to meet within five days, cause the findings of the Court to be considered, as soon as is practicable, by the Assembly; or

(b)

where the National Assembly is not sitting, immediately summon the National Assembly and cause the findings of the Court to be considered by the Assembly.

(7)

Where the National Assembly when it meets pursuant to clause (6) resolves by the votes of not less than two-thirds of the number of its members that the finding of the Constitutional Court be adopted, the President shall cease to hold office on the passing of the resolution.

54

55.(1)Where the President dies, resigns or is removed from office, the Vice-President shall assume the office of President for the unexpired term of the President with effect from the death, resignation or removal from office of the President.

For the purpose of this clause, a person who would, but for that person's death, have been declared elected as President at the Presidential election and the person designated as the Vice-President of the first-mentioned person shall be deemed to have been the President and Vice-President respectively, holding office immediately before the death of the first-mentioned person and accordingly, such Vice-President shall assume the office of President.

(2)

Where the President ceases to hold office under article 110(3), the Vice-President shall discharge the functions of the President until a person is elected under article 51 to the office of President.

(3)

Where the Vice-President discharges the functions of the President under clause (2) or article 56, the Vice-President shall not have power to —

(a)

revoke the appointment of a Minister, or

(b)

invoke article 110.

56. Where the President is on leave of absence, absent from Seychelles or unable for any other reasons, except for a reason specified in article 55, to discharge the functions of the office of President, the Vice-President shall discharge those functions until the President returns from leave of absence or from outside Seychelles and resumes the functions of the office of President or is able to discharge the functions of the office of President.

57.A person assuming the office of President shall, before entering upon the office, take and subscribe before

55

Vacancy

in the office of President. 3/14/1996.

2/7/2000

Discharge of functions of President during temporary absence from office

Oath of President.

the Chief Justice or another Judge the oath of allegiance and the Presidential oath prescribed in this Constitution.

58.(1) The President shall receive such salary, allowances and gratuity as may be prescribed by an Act.

(2)

Where the person holding the office of President ceases to hold office otherwise than by being removed under article 54, the person shall receive such pension, gratuity or allowance as may be prescribed by an Act.

(3)

The salary, allowance, pension or gratuity, as the case may be, payable under this article to the President or a person who has ceased to be President shall be a charge on the Consolidated Fund and shall not be altered to the disadvantage of the President or the person who has ceased to be President.

(4)

Clauses (2) and (3) shall apply to a person who held office as President under any previous Constitution of Seychelles.

(5)

Where a person who has previously held office as President under this or a previous Constitution is elected to the office of President, the person shall not, while holding office as President, be entitled to receive the pension, gratuity or allowance payable under clause (2).

59.(1) Whilst any person holds, or discharges under article 55 or article 56 the functions of, the office of President no criminal proceedings shall be instituted or continued against the person in respect of anything done or omitted to be done by the person in either an official or private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against the person in respect anything done or omitted to be done in such private capacity.

(2)

Notwithstanding article 18(6) or article 19(1) or

(7)

or any other law, proceedings such as are referred to in clause (1) may be brought within three years of a person ceasing to hold or discharge the functions of the office of President unless the period prescribed by law for bringing the proceedings concerned had expired before the person

56

Salary and allowances for President.

Cap. 176

3/7/1994

Protection of President in respect of legal proceedings during office.

assumed or commenced to discharge those functions.

60.(1) The President may, after obtaining the advice of the advisory committee appointed under article 61-

(a)

grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;

(b)

grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c)

substitute a less severe form of punishment for any punishment imposed on any person for any offence; or

(d)

remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Republic on account of any offence.

(2)

Except as otherwise permitted by or under an Act, the exercise of the power conferred by clause (1) shall not be held out, offered or promised in advance of conviction.

(3)

Nothing in this article shall prevent the establishment by an Act of systems of probation, parole or release on license, or any similar system.

(4)

Any reference in this article to a conviction or the imposition of a punishment, penalty, sentence or forfeiture includes a reference to a conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court-martial or other military court.

(5)

This article shall not apply in relation to any conviction by a court established under the law of a country other than Seychelles that has jurisdiction in Seychelles in pursuance of arrangement made between the Government of

57

Power of pardon 3/7/1994

Seychelles and another government or an international organization relating to the presence in Seychelles of members of a disciplinary force of that other country or under the control of the international organization or in relation to any punishment imposed in respect of any such conviction or any penalty or forfeiture resulting from any such conviction.

1. There shall be an advisory committee on the power of pardon under article 60 which shall consist of not less that three and not more than five persons as may be appointed for a term of seven years by the President from candidates proposed by the Constitutional Appointments Authority.
2. (1) Subject to this Constitution and to any other law, the powers of establishing and abolishing offices for the Republic shall vest in the President.

(2)

The President may, by order, declare that an office established by the President under clause (1) shall not be an office in the public service.

(3)

Appointment to an office declared by the President not to be an office in the public service shall be made by the President from candidates proposed by the Constitutional Appointments Authority.

(4)

Appointment to an office, established by the President under clause (1), other than an office referred to in clause (2), shall be made by the President or by a person or body authorised by the President.

63.(1)Where under this Constitution, an appointment to an office or the designation of a person for any purpose by the President is expressed to be subject to the approval of the National Assembly, particulars of the proposed appointment or designation shall be sent to the Speaker and the Speaker shall cause the National Assembly to vote on the proposed appointment or designation.

58

Advisory

committee

Establishment and abolition of and appointment to offices

Appointments subjects to approval of National Assembly

(2)

The Speaker shall notify the President of the decision of the National Assembly and only if the decision is in favour of the appointment or designation may the appointment or designation be made.

64.(1) The President may, with the approval of a majority of members of the National Assembly, appoint a person as Ambassador, High Commissioner or any other principal representative of Seychelles to represent abroad.

(2)

The President may receive envoys accredited to Seychelles.

(3)

The President may receive or cause to be executed treaties, agreements or conventions in the name of the Republic.

(4)

A treaty, agreement or convention in respect of international relations which is to be or is executed by or under the authority of the President shall not bind the Republic unless it is ratified by−

(a)

an Act; or

(b)

a resolution passed by the votes of a majority of the members of the National Assembly.

(5)

Clause (4) shall not apply where a written law confers upon the President the authority to execute or authorize the execution of any treaty, agreement or convention.

65. The President shall−

(a)

at the beginning of each year; and

(b)

before a dissolution, pursuant to article 106(2

(a)

or (b), of the National Assembly, deliver to the Assembly a message on the state of the nation.

59

Diplomatic representation and execution of treaties.

3/19/1995

Presidential message

CHAPTER V

THE EXECUTIVE

66.(1) The executive authority of the Republic shall vest in the ^Executive authority of

President and shall be exercised in accordance with this

the Republic

Constitution and the laws of Seychelles.

(2)

The executive authority vested in the President under this article shall extend to the execution and maintenance of this Constitution and the laws of Seychelles and to all matters with respect to which the National Assembly has power to make laws.

(3)

Subject to this Constitution, the functions conferred on _3/14/1996 the President by clause (1) may be exercised by the President directly or through subordinate officers.

(3A) The President is politically responsible for a Ministry or department that the President has not specifically assigned to the Vice-President or a Minister.

(4)

Nothing in this article shall prevent the National Assembly from conferring, by or under an Act, functions on a person other than the President or on an authority.

66A. (1) There shall be a Vice-President of Seychelles who shall Vice-perform the functions assigned to the Vice-President by the President

3/14/1996

Constitution, an Act or the President.

(2)

The President may assign the Vice-President the political responsibility of one or more Ministries.

(3)

The Vice-President shall be a person who is qualified to be elected President under article 51.

(4)

A candidate at an election for President shall designate a person as the candidate’s Vice-President and on the election of the candidate as President the person designated as Vice-President by the candidate becomes Vice-President.

(5)

A person who is a member of the National Assembly or the Judiciary shall upon becoming Vice-President cease to be a member of the National Assembly or Judiciary.

(6)

The term of office of the Vice-President shall be the same as that of the President under article 52.

(7)

A person shall not hold office as Vice-President for more than 3 terms.

(8)

The Vice-President shall, before starting to perform the functions of Vice-President, take and subscribe the oath of allegiance and the Vice-Presidential oath set out in Schedule 6.

(9)

The Vice-President may resign or be removed from office in the same manner as a Minister and articles 73 and 74 shall apply to the Vice-President.

(10)

Where the person who is Vice-President ceases to hold office as Vice-President, otherwise than under clause (11), the President shall designate another person as Vice-President for approval by the National Assembly.

(11)

Where the Vice-President assumes the office of President under article 55(1)−

(a)

the President shall, with the approval of the National Assembly appoint a person to be Vice-President;

(b)

the person who at the time is designated Minister shall immediately cease to be designated Minister and the President shall designate a person, who may be the first-mentioned person, for approval by the National Assembly as designated Minister.

(12)

Where under article 55 (1) the Vice-President assumes the office of President for a term which exceeds two

61

thirds of the term of the President, the Vice-President is only eligible to serve for 2 other terms as President.

(13) The Vice-President shall receive such salary, Cap. 245 allowance and gratuity as may be prescribed by an Act and the salary, allowance or gratuity shall be a charge on the Consolidated Fund.

67. (1) There shall be a Cabinet consisting of the Vice-President

Cabinet and Ministers. 3/14/1996

(2)

The President or, in the absence of the President for any 3/14/1996 reason, the Vice-President shall preside at meetings of the Cabinet.

(3)

Subject to clause (2), the Cabinet shall determine its own procedure in connection with its meetings.

68. The Cabinet shall be responsible for advising the President Functions of with respect to the policy of the Government and with respect to the Cabinet such other matters as may be referred to it by President.

69.(1) There shall be such number of Ministers, not being less

Ministers

than seven or more than fourteen as the President may, from time 3/7/1994 to time, determine.

(2)

The President may, with the approval of a majority of the members of the National Assembly, appoint a person who is a citizen of Seychelles and who has attained the age of eighteen years to the office of Minister.

(3)

Where a person who is a member of the National
Assembly is appointed to the office of Minister, the person shall,
on assuming the office, cease to be a member of the Assembly.

(4)

A person shall, before assuming office as Minister, subscribe before the President the oath of allegiance and such other oath, as may be prescribed by an Act, for the due execution of the functions of that office.

(5)

A Minister shall receive such salary, allowances and gratuity as may be prescribed by an Act.

(6)

The salary, allowances or gratuity payable under clause (5) shall be a charge on the Consolidated Fund.

(7)

Where a person is appointed as Minister and in addition to this article is entitled to receive under any other provision of the Constitution a salary, pension, gratuity or allowance, the person shall not, while holding the office of a Minister, be concurrently entitled to receive the salary, pension, gratuity or allowance under this article and under any other provision of the Constitution but may opt to receive the salary, pension, gratuity or allowance under either this article or any other provision of the Constitution.

70.(1) A Minister has such title, portfolio and responsibility as Functions of Ministers

may be determined from time to time by the President and a

3/14/1996

Minister may be assigned the responsibility of more than one Ministry at any time.

(2)

Nothing in this article operates to prevent the conferring of functions on a Minister by or under an Act.

(3)

Ministers shall perform their functions under clause (1) under the direction of the President.

71. The Vice-President and the Ministers shall be individually

Collective

accountable to The President for the administration of their responsibility Ministries and departments assigned to them and shall of Cabinet

3/14/1996

collectively be responsible for a decision of Cabinet.

72. A Minister, unless the Minister− _{Term of}

office of Minister

(a)

dies

(b)

resigns; or

(c)

is removed from office under and in accordance with this Constitution,

shall hold office until immediately before the beginning of the term of the person next elected, after the Minister’s appointment, to the office of President.

73.(1) A Minister may resign from office by delivering to the Resignation and removal

President a notice of resignation but the resignation shall not

of Ministers

have effect until it is received by the President.

(2) The President may and, where the National Assembly has passed a vote of censure in respect of the Minister under article 74, by instrument in writing, remove a Minister from office.

74.(1) The National Assembly may, by resolution approved Vote of by the votes of not less that two-thirds of the number of its censure

3/07/1994

members, pass a vote of censure against a Minister.

(2)

A motion for a resolution under clause (1) shall not be moved in the National Assembly unless−

(a)

seven days’ notice has been given of the motion; and

(b)

the notice for the motion has been signed by not less than one-third of the number of members of the Assembly.

(3)

The Speaker shall, upon receipt of the notice of the motion under clause (2)−

(a)

send a copy of the notice to the President; and

(b)

unless the Minister has ceased to hold office beforehand, cause the motion to be debated in the National Assembly within fourteen days after receiving notice of motion.

(4)

The Minister in respect of whom a vote of censure is to be debated under clause (3) is entitled to be heard during the debate.

(5)

Where a vote of censure is passed against a Minister under this article, the Speaker shall as soon as is practicable thereafter notify the President and the President shall, unless the Minister otherwise ceases to hold office, remove the Minister from office under article 73(2) not later than seven days after being notified by the Speaker.

75.(1) At the time of submitting the names to the National Assembly for its approval of the persons to be appointed as Ministers, the President shall designate one person who shall discharge the functions of designated Minister under the Constitution or an Act.

(2)

The approval of the National Assembly under clause

(1)

or article 66A (10) or (11) shall be by a majority of the members of the Assembly.

(3)

Where the National Assembly does not approve the designation of a person under clause (1) or article 66A (10) or

(11)

or a person whose designation has been approved under that clause ceases to be a Minister, the President shall designate another person for approval by the National Assembly.

(4)

Where under the Constitution a function is required to be performed by the President and both the President and the Vice-President are unable to perform the function, the function may be performed by the designated Minister until the President or Vice-President is able to perform the function.

(5)

Where under the Constitution a function, not being a function related to a Ministry or department assigned to the Vice-President by the President under article 66A) (2), is required to be performed by the Vice-President and the Vice-President is unable to perform the function, the function, may be performed by the designated Minister until the Vice-President is able to perform the function.

65

Designated Minister 3/14/1996

(6) A restriction or limitation which the Constitution imposes on the President or Vice-President with regard to the exercise of the function of President or Vice-President shall apply to the designated Minister when performing a function under clause (4) or clause (5).

76. (1) There shall be an Attorney-General who shall be appointed by the President from candidates proposed by the Constitutional Appointments Authority.

(2)

A person shall hold office as Attorney-General for a term of not more than seven years and is eligible for reappointment at the end of a term of office.

(3)

A person shall not be appointed to the office of Attorney-General unless the person is qualified for appointment to the office of Judge.

(4)

The Attorney-General shall be the principal legal adviser to the Government and, subject to clause (11), shall have power, in any case in which the Attorney-General considers it desirable so to do-

(a)

to institute and undertake criminal proceedings against any person before any court in respect of any offence alleged to have been committed by that person;

(b)

to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c)

to discontinue at any stage before judgment is delivered any criminal proceedings instituted or undertaken under subclause (a) or by any other person or authority.

(5)

The powers of the Attorney General under clause (4) may be exercised by the Attorney-General in person or by subordinate officers acting in accordance with the general or special instructions of the Attorney-General.

66

Attorney
General

(6)

Subject to clause (7), the power conferred on the
Attorney-General by clause (4)(b) to take over any proceedings
or clause (4)(c) to discontinue any proceedings shall be vested
in the Attorney-General to the exclusion of any other person or
authority.

(7)

Where a person or authority, other than the Attorney-
General, has instituted criminal proceedings, nothing in clause

(6)

shall prevent the withdrawal of those proceedings by or at
the instance of that person or authority and with the leave of
the court.

(8)

Subject to clause (9), for the purposes of this article,
any appeal from any judgment in any criminal proceedings
before any court, or any question of law reserved for the
purpose of any such proceedings to any other court shall be
deemed to be part of those proceedings.

(9)

The power conferred on the Attorney-General by clause
(4)(c) shall not be exercised in relation to any appeal by a
person convicted in any criminal proceedings or to any
question of law reserved at the instance of such a person.

(10)

In the exercise of the powers vested in the Attorney-
General by clause (4), the Attorney-General shall not be
subject to the direction or control of any other person or
authority.

(11)

An Act may make provision with respect to the
institution of proceedings by a person or authority, other than
the Attorney-General, before a military court or a tribunal
established by or under the Act for the trial of military offences
committed by persons subject to military law, and unless the
Act otherwise provides, the power under clause (4) shall not be
exercisable by the Attorney-General in relation to any such
person in respect of any such offence.

(12)

The salary, allowances, pension or gratuity payable to
the Attorney-General shall be a charge on the Consolidated
Fund.

(13)

Subject to article 165, the term and conditions on which

a person has been appointed to the office of Attorney-General

shall not be altered to the disadvantage of the person after the

appointment.

CHAPTER VI

LEGISLATURE

PART 1

NATIONAL ASSEMBLY

1. There shall be a National Assembly of Seychelles.
2. The National Assembly shall consist of-

(a)

such number of members directly elected in accordance with-

(i)

this Constitution; and

(ii)

subject to this Constitution, an Act,

as is equal to the number of electoral areas;

(b) not more than 10 members elected on the basis of the scheme of proportional representation specified in Schedule 4.

79.(1) A general election shall be held during the period starting at the beginning of the fifty-seventh month and ending at the end of the fifty-ninth month of a session of the National Assembly.

(2)

Where a person ceases to be a directly elected member of the National Assembly under article 81, a by- election shall be held within 30 days of the person ceasing to be a member of the Assembly unless the cessation occurred within three months before the beginning of the period within which a general election is required to be held under clause (1).

(3)

Subject to clause (4), a directly elected member of the National Assembly shall be directly elected by secret ballot by persons entitled to vote under this Constitution.

68

National Assembly

Composition of National Assembly

3/14/1996

General election and by-election

(4)

Where immediately before the day appointed for the
holding of an election there is only one candidate for election for
an electoral area and that candidate has, since the day
immediately following the day of the closing of the nominations
for that area, been the sole candidate for the area, no ballot shall
be held and-

(a)

all the persons who were entitled to vote at the election in the electoral area shall be deemed to have cast their votes in favour of the candidate; and

(b)

the Electoral Commission shall declare the candidate to be the directly elected member for the electoral area.

(5)

Where on the day immediately following the day of
closing of nominations for an electoral area more than one
candidate stand nominated for that area and on the day
immediately before the day of election only one candidate stands
nominated by reason of the withdrawal of nomination of other
candidates or no candidate stands nominated by reason of the
withdrawal of nomination of all the candidates the election shall
be postponed and a further period of not less than seven days
shall be allowed for nomination of other candidates for that area.

(6)

Where on the day immediately following the day of
closing of nominations for an electoral area one or more
candidates stand nominated for that area and one or more of them
die before the day of election, the election shall be postponed and
a further period of not less than seven days from the date of death
of the candidate shall be allowed for nomination of other
candidates for that area.

(7)

The election postponed pursuant to clause (5) or (6) shall be
held on such date as the Electoral Commission may decide but,
in any case, not later that thirty days of the occurrence of the
event specified in those clauses which occurred last and the
candidates nominated pursuant, to those clauses shall,
notwithstanding their withdrawal, be deemed to be the candidates
for that election.

(8)

A law may provide for any matter, not otherwise provided for in this Constitution, which is necessary or required to ensure a true, fair and effective election of members of the National Assembly.

80. A person is qualified to be elected as a member of the Qualification National Assembly if- for

membership to the

(a) the person is qualified to vote at a Presidential or

National

National Assembly election under this

Assembly

Constitution; and

(b)

the person does not hold or act in any office the functions of which involve-

(i)

any responsibility for, or in connection with, the conduct of the National Assembly election for which the person wishes to stand; or

(ii)

any responsibility for the compilation or revision of an electoral register for that National Assembly election.

81. (1) A person ceases to be a member of the National Vacation of seats

Assembly and the seat occupied by that person in the

3/7/1994

Assembly shall become vacant-

(a)

on the dissolution of the Assembly;

(b)

if the person by notice in writing to the Speaker resigns;

(c)

if the person ceases to be a citizen of Seychelles;

(d)

if the person is absent without the permission, which shall not be unreasonably withheld, in writing of the Speaker-

(i)

from Seychelles for a continuous period in excess of thirty days; or

(ii)

during a session of the Assembly, for a continuous period in excess of ninety days during which time the Assembly has been summoned to meet and continues to meet;

(e)

if any circumstances arise which, if the person were not a member, would, pursuant to article 80, cause that person to be disqualified for election as a member.

(f)

subject to clause (2), if the person becomes party to a contract with the Government for or on account of any public service or if any firm in which the person is a partner or any company of which the person is a director or manager or in which the person has a controlling interest becomes a party to any partner in a firm or a director or manager or the holder of a controlling interest in a company which is a party to such contract;

(g)

If the person is elected President or becomes the Vice- 3/14/1996 President or is appointed a Minister;

(h)

if, in the case of a proportionately elected member- ^3/14/1996

(i)

the political party which nominated the person as a
member nominates another person as a member in
place of the first-mentioned person and notifies
the Speaker in writing of the new nomination;

(ii)

the person ceases to be a member of the political
party of which that person was a member at the
time of the election; or

(iii) The political party which nominated the person as
a member is dissolved or otherwise ceases to
exist;

(i) if, in the case of a directly elected member who was

3/19/1995

nominated for election by a political party-

(i) the person notifies the Speaker in writing that the person has ceased to be a member of that political party; or

(ii)the political party which nominated the person for election notifies the Speaker in writing that the person has ceased to be a member of the political party and the Electoral Commission has received a written petition requesting the holding of fresh election for the purpose of electing a new member to represent the electoral area which the member represents signed or marked to the satisfaction of the Commission by at least one third of the number of registered voters who are entitled to vote in the electoral area;

(j)

If, in the case of a person who was directly elected as an independent member, the person notifies the Speaker in writing that he is a member of a political party; or

(k)

on the death of the person.

(2)

where clause (1) (f) applies, if in the circumstances it appears to the National Assembly to be just to do so, the Assembly may except the member from vacating the seat, if the member, before becoming a party to the contract or before or as soon as is practicable after becoming interested in the contract as provided in clause (1) (f), has disclosed in writing to the Speaker the nature of the contract and the interest, or the interest in the firm or company referred to in clause (1) (f), of the member.

(3)

A political party of which a proportionately elected member was a member at the time of election shall notify the Speaker in writing on the person ceasing to be a member of the party.

(4)

Subject to this article and article 82, where a person who is proportionately elected of the National Assembly ceases to be so, the political party of which the person was a member at the time of election and which nominated the person as a member may, by notice in writing to the Speaker, replace the person who has ceased to be a member by another person including the person who has immediately before ceased to be a member.

72

(5)

Where the seat of a directly elected member of the National Assembly becomes vacant under this article, the Speaker shall, as soon as is practicable within seven days after the vacancy occurs, notify the Electoral Commissioner of this fact.

(6)

A certificate under the hand of the Speaker certifying that a person has ceased to be a member of the National Assembly shall be conclusive evidence of this fact and of the fact that the seat held by that person is vacant unless-

(a)

the person makes an application under article 82 to the Constitutional Court within thirty days of the date of the certificate; and

(b)

the Constitutional Court determines that the person is still a member of the National Assembly and that person still occupies that seat.

(7)

Until the final determination of an application referred to in clause (6) (a) the person who made the application shall continue to be a member of the National Assembly in respect of the seat for which the person was elected.

82. (1) The Constitutional Court shall have jurisdiction to hear and determine whether-

(a)

a person has been validly elected as a member of the National Assembly; or

(b)

the seat of a member of a National Assembly has become vacant.

(2)

An application under clause (1) (a) may, in the case of –

(a)

a directly elected member, be made by any person entitled to vote at an election in the electoral area for which the member was returned, any person who was returned, any person who was a candidate at the election in the electoral area or the Attorney-General; or

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Determination of question as to membership 3/7/1994

(b) a proportionately elected member, be made by any

member or the Attorney-General.

(3)

An application under clause (1) (b) may, in the case of-

(a)

a directly elected member, be made by any
member, any person entitled to vote at an election
in the electoral area for which the member was
returned or the Attorney General;

(b)

a proportionately elected member, be made by any
member, or the political party of which the
proportionately elected member was a member at
the time of election and which nominated the
person as a member or the Attorney-General.

(4)Where a person, other than the Attorney-General, makes an application under this article, the Attorney-General may intervene and may appear or be represented in the proceedings.

(5)

An Act may provide for-

(a)

the circumstances and manner in which and the
imposition of conditions upon which an
application may be made to the Constitutional
Court for the determination of a question under
clause (1); and

(b)

the powers, practice and procedure of the
Constitutional Court in relation to the application.

83.(1) There shall be a Speaker and a Deputy Speaker of the Speaker and Deputy Speaker

National Assembly, each of whom shall be elected by the National Assembly, in accordance with the Standing Orders, or, in the absence of Standing Orders, in accordance with the procedures approved by the Assembly, from among the members of the Assembly.

(2)

The National Assembly shall not transact any business, other than the election of the Speaker, at any time when the office of Speaker is vacant.

(3)

A person holding the office of Speaker or Deputy Speaker shall vacate that office-

(a)

when the National Assembly first meets after the holding of a general election;

(b)

where the person ceases to be a member of the National Assembly;

(c)

where the National Assembly passes a resolution supported by the votes of not less than two-thirds of the number of members of the Assembly requiring the person to vacate the office of Speaker or Deputy Speaker, as the case may be.

(4)

A person holding the office of Speaker or Deputy Speaker may, by notice in writing addressed to the National Assembly, resign from office and the office shall become vacant when the Clerk to the Assembly receives the notice.

(5)

Where the office of Speaker or Deputy Speaker becomes vacant, the National Assembly shall, unless it is sooner dissolved, elect another member of the Assembly to fill the vacancy at its next sitting after the occurrence of the vacancy or as soon as is practicable thereafter.

(6)

An Act may provide for the salary, allowances and gratuity of the Speaker and Deputy Speaker.

(7)

The Salary, allowances or gratuity payable to the Speaker shall be a charge on the Consolidated Fund.

(8)

The Speaker and Deputy Speaker shall, before assuming the functions of their office, take and subscribe the oath of allegiance and such other oath as may be prescribed by law.

84.(1) There shall be a Leader of the Opposition who shall be elected by the National Assembly from among its members in accordance with this article and the Standing Orders.

(2)

A person is not eligible to be elected to the office of Leader of the Opposition if the person is a member of the political party

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Leader of the Opposition 3/7/1994

which nominated the incumbent President for election, and only

members of the National Assembly who are not members of that

party may vote in the election.

(3)

A person elected to the office of Leader of the Opposition
shall vacate the office-

(a)

if the person ceases to be a member of the National Assembly;

(b)

if the person is elected to the office of Speaker or Deputy Speaker;

(c)

if the person resigns by notice in writing addressed to the Speaker; or

(d)

where the members of the National Assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office.

(4)

An Act may provide for the salary, allowances and
gratuity of the Leader of the Opposition.

(5)The salary, allowances or gratuity payable to the Leader
of the Opposition shall be not less than those payable to a
Minister and shall be a charge on the Consolidated Fund.

(6)Subject to article 105(3), where a person is elected
Leader of the Opposition and in addition to this article is
entitled to receive under any other provision of the Constitution
a salary, pension, gratuity or allowance, the person shall not,
while holding the office of Leader of the Opposition, be
concurrently entitled to receive the salary, pension, gratuity or
allowance under this article and under any other provision of the
Constitution but may opt to receive the salary, pension, gratuity
or allowance under either this article or any other provision of
the Constitution.

PART II

LEGISLATIVE POWER AND ITS EXERCISE

85. The legislative power of Seychelles is vested in the National Assembly and shall be exercised subject to and in accordance with this Constitution.

86.(1) The legislative power vested in the National Assembly shall be exercised by Bills passed by the Assembly and assented to or deemed to have been assented to by the President.

(1A) Unless it is otherwise provided in this Constitution, a Bill is passed by the Assembly if it is supported at all the stages at which it is as a whole put to the vote of the Assembly by a majority of the members present and voting.

(1B) Repealed.

(2)Subject to article 87, where a Bill is presented to the President for assent, the President shall, within fourteen days of the presentation of the Bill, assent, or, in accordance with this Part, withhold assent, to the Bill.

(3)

The President shall, as soon as practicable, cause a Bill which has been passed and assented to or deemed to have been assented to in accordance with this Constitution to be published in the Gazette whereupon it shall become law.

(4)

A Bill passed by the National Assembly and assented to or deemed to have been assented to by the President shall be styled an “Act” and the words of enactment shall be “Enacted by the President and the National Assembly”.

87.(1) Where the President is of the opinion that a Bill presented for assent infringes or may infringe this Constitution, the President shall not assent to the Bill and, as soon as is practicable within fourteen days of the presentation of the Bill —

(a) advise the Speaker accordingly; and

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Vesting of legislative power

Exercise of legislative power 3/7/1994

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Referral of Bills to Constitutional Court by President

(b)

refer the Bill to the Constitutional Court for a decision in this respect.

(2)

Where the President refers a Bill to the Constitutional Court under clause (1), the President shall not, until the Court has made its decision on the Bill, be treated, for the purposes of article 88, as having withheld assent to the Bill.

(3)

Where a Bill has been referred to the Constitutional Court under clause (1), the President shall not assent to it and the National Assembly shall not proceed under article 88(2) until the Court has pronounced its decision thereon.

(4)

Where the Constitutional Court decides that a Bill referred to it under clause (1) does not infringe this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the period under article 86(2) within which the President is required to assent to a Bill shall start to run from the date of the decision of the Court.

(5)

Where the Constitutional Court decides that a Bill referred to it under clause (1) infringes this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the President shall return the Bill to the Speaker.

88.(1) Where the President withholds, within the period Withholding of

provided in article 86(2), assent to a Bill, not being a Bill assent by President

referred to in article 87(5), the President shall, in the case of a refusal, forthwith or, in any event, forthwith after the period of fourteen days referred to in article 86(2)−

(a)

return the Bill to the Speaker; and

(b)

inform the Speaker in writing of the reasons why the Bill has not been assented to.

(2)

Where the President has returned the Bill to the Speaker under clause (1)(a), the National Assembly may, at any time after a period of three months from the date by which the President should have assented to the Bill under article

86(2), by a notice approved by the votes of not less than two-thirds of the number of members of the Assembly resolve that the Bill should again be presented for the President’s assent.

(3)

Where a Bill is presented for the President’s assent under clause (2), notwithstanding that the President withholds assent to the Bill, the President shall be deemed to have assented to the Bill at the expiration of the period of fourteen days referred to in article 86(2).

1. Articles 85 and 86 shall not operate to prevent an Act from conferring on a person or authority power to make subsidiary legislation.
2. Except on the recommendation of the President signified by the Minister for the time being responsible for finance, the National Assembly shall not-

(a)

proceed on a Bill, including an amendment to a Bill, which, in the opinion of the person presiding or the Attorney-General provides-

(i)

for the imposition of taxation or the alteration of taxation otherwise than by reduction;

(ii)

for the imposition of any charge on the Consolidated Fund or any other public fund of Seychelles or the alteration on any such charge otherwise than by reduction;

(iii) for the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Seychelles of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or

79

Subsidiary legislation

Restriction on certain measures

(iv)for the composition or remission of any debt due to the Government of Seychelles; or

(b)

proceed upon any motion, including an amendment
to a motion, the effect of which in the opinion of the
person presiding or the Attorney-General is that
provision would be made for any matter in
paragraph (a)(i) to (iv).

(c)

receive any petition, that, in the opinion of the
person presiding, requests that provision be made
for any matter in paragraph (a) (i) to (iv).

PART III

ALTERATION OF THE CONSTITUTION

91.(1) The National Assembly shall not proceed on a Bill to Alteration

of the

alter Chapter I, Chapter III, this article 110 or article 111

Constitution

unless-

(a)the proposed alteration contained in the Bill has been approved on a referendum by not less than sixty percent of the votes cast in the referendum; and

(b)the Speaker signifies that such approval has been so given.

(2)

A Bill to alter this Constitution shall, in the long title state that it is a Bill to alter the Constitution, and shall not be passed by the National Assembly unless it is supported by the votes of not less that two-thirds of the number of members of the Assembly at any stage at which, pursuant to the Standing Orders, the Bill as a whole is put to the vote in the Assembly.

(3)

In this article-

(a)a reference to this Constitution includes a reference to a law that amends or replaces any provision of this Constitution; and

(b)a reference to the alteration of this Constitution includes a reference to the amendment, modification or reenactment, with or without amendment or modification, of any provision of this Constitution, the suspension or repeal of any such provision and the making of different provision in lieu of such provisions, and the addition of a new provision to this Constitution.

PART IV

PROCEDURES IN THE NATIONAL ASSEMBLY

92. (1) The President may, at any time, attend and address the National Assembly.

(2) The President may send a message to the National Assembly and the message shall be read, at the first convenient sitting of the Assembly after it is received by the Speaker, by the Vice-President.

93.(1) The Vice-President or a Minister may attend meetings of the National Assembly-

(a)for the purpose of presenting a Bill and in connection with proceedings in the Assembly relating to the passing of a Bill;

(b)for the purpose of dealing with any matters arising in the Assembly, or explaining to the Assembly any matter, which falls within the Vice-President’s or Minister’s responsibility, or

(c)for the purpose of answering a written question from a member.

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President may address National Assembly

3/14/1996

Attendance of Ministers at meetings of the National Assembly 3/14/1996

(2)

The Vice-President, a Minister or, where a matter falls within the responsibility of the President, the Vice-President or a Minister designated by the President shall attend a meeting of the National Assembly when it is necessary for a purpose referred to in clause (1)(b) or (c).

94.(1) The right to introduce a Bill in the National Assembly may be exercised by the Vice-President or a Minister or, subject to clause (2), a member.

(2)

A member may not, pursuant to clause (1), introduce a Bill which provides for any of the matters specified in article

90.

(3)

The Speaker shall, after consultation with the President and the Leader of the Opposition, determine the order of priority for the presentation of Bills to the National Assembly.

95.(1) Where at a meeting of the National Assembly a quorum is not present and a member who is present objects on that account to the transaction of business and after such interval as may be prescribed in the Standing Orders, the person presiding at the sitting ascertains that a quorum is still not present, the person presiding shall adjourn the meeting of the Assembly.

(2)

For the purpose of this article, a quorum shall consist of one half of the number of members at the time.

96.(1) Subject to this Constitution, questions before a meeting of the National Assembly shall be decided in accordance with the majority of members present and voting.

(2)

The person presiding at a meeting of the National Assembly shall not vote on any question to be decided by the Assembly but, in the event of an equality of votes on any question, shall have a casting vote.

97. Subject to the Standing Orders meetings of the National Assembly shall be open to the public and may be broadcast.

82

3/14/1996

Right to introduce Bills 3/14/1996

Quorum of the National Assembly

Voting

Meeting of the Assembly open to the public

98.(1) Subject to clause (2), the Speaker or, in the absence of President of meetings of

the Speaker, the Deputy Speaker or, in their absence, a member elected by the National Assembly, shall preside over ^the

National the deliberations of the Assembly. Assembly

(2) The first meeting of a session of the Assembly shall, until the Speaker is elected, be presided over by the person who was the speaker or, in his absence, the Deputy Speaker immediately before that meeting.

99. A member shall not take part in the proceedings of the

Oath to be

National Assembly, other than the proceedings for the taken by

members

purposes of this article, until the member has taken and subscribed before the Assembly the oath of allegiance.

100. The National Assembly may act, notwithstanding any

Validity of

vacancy in its membership, including any vacancy not filled proceedings when the Assembly first meets after an election, and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the Assembly shall not invalidate the proceedings.

101. Subject to this Constitution, the National Assembly may

Standing

make Standing Orders for the regulation and orderly conduct Orders of its proceedings and the discharge of business at sittings of the Assembly and for related purposes.

102. (1) There shall be freedom of speech and debate in the

Privileges

National Assembly and a member shall not be subject to the and

immunities

jurisdiction of any court or to any proceedings whatsoever, other than in proceedings in the Assembly, when exercising those freedoms or performing the functions of a member in the Assembly.

(2) Where the National Assembly is in session an arrest shall not be effected against a member in a way which will interfere with the performance by the member of the functions of the member in the Assembly and, where proceedings are instituted against a member, the court or authority before which the proceeding are being conducted shall so conduct the proceedings as to allow the member to continue to perform the functions of the member in the Assembly.

1. A process issued by a court shall not be served or executed within the precincts of the National Assembly, as defined by or under an Act.
2. (1) The National Assembly shall, as soon as is practicable after the beginning of each session of the Assembly, appoint from among its members standing committees and other committees necessary for the efficient discharge of its functions and, without prejudice to the foregoing, the National Assembly shall appoint the following standing committees-

(a)a Finance and Public Accounts Committee; and

(b)a Standing Order Committee.

(2)

The composition of a standing or other committee shall, as far as is practicable, reflect the strength of the political parties and independent members in the Assembly but shall otherwise be regulated by the Standing Orders.

(3)

For the purposes of effectively performing its functions a standing or other committee may summon any person the committee believes may assist the committee in the performance of its functions and the committee shall have the powers, rights and privileges of the Supreme Court for –

(a)

enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;

(b)

compelling the production of documents; and

(c)

issuing a commission or request to examine a witness abroad.

(4)

A debate in the National Assembly may only be initiated in respect of a report or other matter which falls within the competence of a standing or other committee by a member of the standing or other committee.

84

Service of process

Committees

105. (1) An Act may provide for the salary, allowances and Salary of gratuity of member of the National Assembly. ^members

(2)

The salary, allowances or gratuity payable to members of the National Assembly shall be a charge on the Consolidated Fund.

(3)

A member of the National Assembly elected to the office of Speaker, Deputy Speaker or the Leader of the Opposition shall not, while holding that office, be paid the salary, allowances or gratuity payable under clause (1).

PART V

SESSIONS AND DISSOLUTION OF THE NATIONAL
ASSEMBLY

106. (1) A session of the National Assembly shall begin on the Session and

dissolution

first meeting of the Assembly summoned under article 107 and,

of Assembly

unless sooner dissolved under clause (2)(b) article 110 or article 111, continue for a period of five years thereafter.

(2) The National Assembly shall stand dissolved-

(a)subject to clause (3), on the day next following the end of the period of five years referred to in clause (1);

(b)where a general election is held before the period of five years referred to in clause (1), on the day next following the declaration of the results of the election; or

(c)in accordance with article 110 or article 111.

(3) Where a period of public emergency subsists at the time when the National Assembly would stand dissolved under clause (2)(a) National Assembly may, by resolution approved by a majority of the members of the Assembly, extend the sessions of the Assembly-

(a)where there is a declaration of emergency, for not more than six months at a time but up to a maximum aggregate period of twelve months;

(b)where Seychelles is at war, for not more than twelve months at a time but up to a maximum aggregate period of forty-eight months ,

and a period of extension shall not extend beyond the duration of the term of office of the President extended in the same circumstances under this Constitution.

1. The President shall, by Proclamation published in the Gazette, summon the first meeting of the National Assembly in a session not later that four months after the end of the immediately preceding session of the Assembly.
2. Subject to article 109, each succeeding meeting of the National Assembly after the first meeting of the Assembly shall be held at such place and commence at such time as the Speaker may determine or as may be prescribed by the Standing Orders.
3. The President may, at any time by Proclamation published in the Gazette, summon a meeting of the National Assembly.

110.(1) The President may dissolve the National Assembly in accordance with this article.

(2)

Subject to clause (5), the President may, not more than once during a term of office of the President, for any reason which the President considers it to be in the national interest so to do, after giving seven days notice to the Speaker, by Proclamation published in the Gazette, dissolve the National Assembly and the Assembly shall stand dissolved on the day next following the publication of the Proclamation.

(3)

Subject to clause (5), where during a term of office of the President the President has once dissolved the National Assembly under clause (2) and the President is of the opinion

86

First meeting of National Assembly

Place and time of meetings

President may summon meetings

Dissolution of Assembly by President

that it is in the national interest to dissolve the Assembly once

again, the President may, after giving to the Speaker-

(a) seven days’ notice of the intention to dissolve the Assembly; and

(b)written notice of the President’s intention to resign from office under article 52(5) on the publication of the Proclamation under this article, by Proclamation, published in the Gazette, dissolve the National Assembly and the Assembly shall stand dissolved and the President shall cease to hold office on the day next following the publication of the Proclamation.

(4)

Where- the National Assembly votes against any measure or proposal of the Government and on a referendum a majority of the votes cast in the referendum supports the measure or proposal and the Assembly, after the referendum, again votes against the measure or proposal,

(a)a proposal to alter Chapter I, III, article 91, this article or
article 111 has been approved on a referendum held pursuant to
article 91 and a Bill to give effect to the proposal is not
supported as required by article 91 (2) in the National
Assembly, the President may, after giving seven days’ notice to
the Speaker, by Proclamation published in the Gazette, dissolve
the National Assembly within thirty days of the Assembly
voting against the measure or proposal under paragraph (a) or
the Assembly not supporting the Bill under paragraph (b), as the
case may be and the Assembly shall stand dissolved on the day
next following the publication of the Proclamation.

(5)

The President shall not dissolve the National Assembly
under clause (2) or clause (3) during any period of public
emergency in terms of article 49, where proceedings for the
removal of the President under article 53 or article 54 have
commenced, during the pendency of the proceedings.

111. Where the National Assembly at a meeting summoned for Dissolution

this purpose resolves by the affirmative votes of not less than ^{of Assembly} by Assembly

two-thirds of the number of members of the Assembly that the Assembly be dissolved, the National Assembly shall stand dissolved on the day next following the passing of the resolution.

CHAPTER VII

ELECTORAL AREAS, FRANCHISE AND ELECTORAL
COMMISSION

112. (1) Subject to this article , Seychelles shall be divided into as many electoral areas, as may be prescribed, for the purposes of election of members to the National Assembly and each electoral area shall be represented by one member of the National Assembly.

(2)

There shall be not less than nineteen electoral areas on Mahe and two electoral areas on Praslin, and the Inner Islands shall constitute one electoral area.

(3)

In determining the number and boundaries of the electoral areas on Mahe and Praslin the Electoral Commission−

(a)shall have regard to –

(i)

the boundaries of electoral areas which exist at the time of the determination by the Commission; and

(ii)

the natural geographical features of Seychelles;

(b)shall ensure that, each electoral area on Mahe shall have, as nearly as is practicable, an equal number of inhabitants and each electoral area on Praslin shall have, as nearly as is practicable, an equal number of inhabitants.

113. A citizen of Seychelles who is registered as a voter in an electoral area shall be entitled to vote, in accordance with law, in the electoral areas-

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Electoral areas 3/7/1994

3/14/1996

Right to vote

Qualification for registration as a voter.

Qualification of Member

selected from seven candidates of proven integrity and high repute, proposed by the Constitutional Appointments Authority constituted under Article 139 of the Constitution.

115.B A person is qualified to be a Chairperson and Members of the Commission if the person is a citizen of Seychelles who−

(a)

is qualified to be registered as a voter; and

(b)

the person is not a candidate of an election under the Constitution or is not the President, Vice President, Minister or a Member of the National Assembly and not an executive office bearer of a political party.

115.C(1) The Chairperson and the Members of the Commission shall be appointed for a term of seven years, and may, at the end of a term, be eligible for re-appointment.

(2)

The Chairperson may be writing addressed to the President and a Member who is not the Chairperson, to the Chairperson resign.

(3)

A resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause.

(4)

The salary, allowances and gratuity payable to the Chairperson and Members of the Commission shall be prescribed by or under an Act and the salary, allowances or gratuity shall be a charge on the Consolidate Fund.

(5)

Subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of the Chairperson and Members of the Commission shall not be altered to the disadvantage after the appointments.

(6)

The Commission may regulate its own proceedings and may act notwithstanding one vacancy in its membership.

Functions of

116.(1) The Electoral Commission-

Electoral Commission

(a)shall be a responsible for the conduct and supervision of the registration of voters and of elections and referenda under this Constitution;

(b)shall keep under continuous review the number and boundaries of the electoral areas into which Mahe and Praslin are divided having regard to article 112 (3);

(c) s hall keep under continuous review the practices and working, including such matters as finance, broadcast and advertising, of political campaigns in respect of elections and referenda under this Constitution;

(d)shall have such other functions as may be prescribed by or under this Constitution or an Act.

(e)Shall review the existing legislation governing Electoral matters and make recommendations to the Government.

(2) The Electoral Commission shall, within ninety days after each election or referendum under this Constitution, submit to the National Assembly and the President a report on the conduct of-

(a)the political campaign leading up to the election or referendum; and (b)the election or referendum,

together with such recommendations as the Commission may consider necessary for the purposes of ensuring true, fair and effective elections and referenda.

(3)

The Electoral Commission shall, not later that three years after the coming into force of this Constitution and thereafter three years after the Commission last submitted a report in terms of clause (1)(b), submit to the National Assembly and the President a report in terms of clause (1)(b) together with such recommendations regarding changes in the number or boundaries of the electoral areas on Mahe and Praslin which the Commission considers necessary in the circumstances.

(4)

As soon as is practicable within thirty days after the submission of the report under clause (3) the President shall cause to be laid before the National Assembly the draft of an order by the President for giving effect to the recommendations contained in the report relating to changes in the number or boundaries of the electoral areas referred to in the report and the draft may make provision for any matter which appears to the President to be incidental to or consequential upon the other provisions of the draft

(5)

When the draft order laid before the National Assembly under clause (4) is approved by resolution of the National Assembly, the President shall make an order, which shall be published in the Gazette in terms of the draft and the order shall come into force on the next dissolution of the National Assembly after the order is so published.

(6)

Where the draft order laid before the National Assembly under clause (4) is not approved by resolution of the National Assembly, the President shall refer the matter to the Electoral Commission for its consideration.

91

117. An Act shall provide for the regulation and control by the Electoral Commission of-

(a)election or referendum expenditures by a political party or person taking part in an election or referendum;

(b)contributions to or in favour of a political party or person taking part in an election or referendum or a cause in relation to an election or referendum;

118. An Act shall provide for the registration of political parties, qualifications for entitlement to be registered as a political party, conferment of corporate status on political parties, the maintenance of a register of political parties by the Electoral Commission, the submission of accounts and other prescribed particulars and information to the Commission by a registered political party, the provision of financial support from public funds to political parties,

92

Control of funds

in relation to

election and

referendum

Registration of political parties and control of funds

the control of financial and other contributions to political parties, the disposal of the assets of political parties on dissolution and the submission to the National Assembly by the Electoral Commission of an annual report in respect of the functions of the Commission under the Act.

CHAPTER VIII

JUDICIARY

PART I

GENERAL

119.(1) The judicial power of Seychelles shall be vested in the Judiciary which shall consist of –

(a)the Court of Appeal of Seychelles;

(b)the Supreme Court of Seychelles; and

(c)such other subordinate courts or tribunals established pursuant to article 137.

(2)

The Judiciary shall be independent and be subject only to this Contribution and the other laws of Seychelles.

(3)

Subject to this Constitution, Justices of Appeal, Judges and Masters of the Supreme Court shall not be liable to any proceedings or suit for anything done or omitted to be done by them in the performance of their functions.

(4)

An Act establishing a subordinate court or tribunal referred to in clause (1)(c) may grant to the person exercising judicial functions in the court or tribunal immunity from proceedings or suit to the extent provided in clause (3).

PART II

COURT OF APPEAL

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Judicial power of Seychelles

120.(1) There shall be a Court of Appeal which shall, subject to this Constitution, have jurisdiction to hear and determines appeals from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court and such other appellate jurisdiction as may be conferred upon the Court of Appeal by this Constitution and by or under an Act.

(2)

Except as this Constitution or an Act otherwise provides, there shall be a right of appeal to the Court of Appeal from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court.

(3)

The Court of Appeal shall, when exercising its appellate jurisdiction, have all the authority, jurisdiction and power of the court from which the appeal is brought and such other authority, jurisdiction and power as may be conferred upon it by or under an Act.

(4)

Subject to this Constitution and any other law, the authority, jurisdiction and power of the Court of Appeal may be exercised as provided in the Rules of the Court of Appeal.

(5)

Proceedings in respect of a matter relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Court of Appeal.

(6)

Where in respect of any matter before it, the Court of Appeal finds that any law or provision of any law contravenes this Constitution, the Justice of Appeal presiding at the sitting of the Court shall send a copy of the finding to the President and the Speaker.

(7)

The Court of Appeal shall sit, as occasion requires, to deal with matters before it as expeditiously as is practicable.

Composition

121. The Court of Appeal shall consist of-

of Court of Appeal

(a)a President of the Court of Appeal and two or more other justices of Appeal; and

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Qualification of Justices of Appeal

Appointment of Justices of Appeal

Ati

(b)the Judges who shall be ex-officio members of the Court.

1. A person is qualified for appointment as, or to discharge the functions of, the President of the Court of Appeal or a Justice of Appeal if, in the opinion is suitably qualified in law and can effectively, competently and impartially discharge the functions of the office of Justice of Appeal under this Constitution.
2. The President shall, by instrument under the Public Seal, appoint the President of the Court of Appeal and other Justices of Appeal from candidates proposed by the Constitutional Appointments Authority.

124.(1) Where the office of President of the Court of Appeal is vacant or the President of the Court of Appeal is for any reason unable to perform the functions of the office of President of the Court of Appeal-

(a)until a person has been appointed to and has assumed the functions of that office; or

(b)until the person holding the office of President of the Court of Appeal has resumed the functions of that office,

as the case may be the functions of the office of Presidents of the Court of Appeal shall be performed by a Justice of Appeal appointed for the purpose by the President from Justices of Appeal proposed by the Constitutional Appointments Authority.

(2) Where-

(a)the office of a Justice of Appeal is vacant;

(b)a Justice of Appeal is for any reason unable to perform the functions of that office;

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(c)a Justice of Appeal is performing the functions of the President of the Court of Appeal under clause (1)

the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as Justice of Appeal-

(d)until a person has been appointed to and has

assumed the functions of the office of Justice of

Appeal;

(e)until the person holding the office of Justice of Appeal has resumed the functions of that office; or

(f)

u ntil the Justice of Appeal referred to in paragraph

(c)

ceases to perform the functions of the office of President of the Court of Appeal, as the case may be.

PART III

SUPREME COURT

125.(1) There shall be a Supreme Court which shall, in addition to the jurisdiction and powers conferred by this Constitution, have-

(c)supervisory jurisdiction over subordinate courts, tribunals and adjudicating authority and, in this connection, shall have power to issue injunctions, directions, orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto as may be appropriate for the purpose of enforcing or securing the enforcement of its supervisory

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Establishment and jurisdiction of Supreme Court

jurisdiction; and

(d)such other original, appellate and other jurisdiction as may be conferred on it by or under an Act.

(2)

Proceedings in respect of matters relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Supreme Court.

(3)

The Supreme Court shall consist of the Chief Justice the Puisne Judges and, subject to clause (5), the Masters of the Supreme Court.

(4)

Subject to article 129, any other law and the Rules of the Supreme Court, a single Judge or a number of Judges sitting together may exercise the jurisdiction and powers of the Supreme Court.

(5)

A Master of the Supreme Court may exercise such limited jurisdiction and powers of the Supreme Court as may be prescribed by or under an Act or by the rules of the Supreme Court in respect of interlocutory proceedings.

(6)

The number of Puisne Judges and Masters of the Supreme Court who may be appointed shall be prescribed by an Act.

(7)

For the purposes of clause (1) (c) “adjudicating authority “includes a body or authority established by law which performs a judicial or quasi-judicial function.

126.(1) A person is qualified for appointment as Judge if-

(a)the person has been entitled to practice before a court of unlimited original jurisdiction for not less than seven years; and

(b)in the opinion of the Constitutional Appointments Authority the person has shown outstanding

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Qualification of Judges and Masters

distinction in the practice of law and can effectively, competently and impartially discharge the functions of the office of a Judge under this Constitution.

(2) A person is qualified for appointment as a Master of the Supreme Court if-

(a)the person has been entitled to practice before a court of unlimited jurisdiction for not less than five years; and

(b)

in the opinion of the Constitutional Appointments Authority the person has shown outstanding distinction in the practice of law and can effectively, competently an impartially discharge the functions of the office of a Master of the Supreme Court under this Constitution.

(3)

For the purposes of clauses (1) (b) and (2) (b), any period during which a person has functioned as a public officer holding an office for which qualification as a barrister or attorney is required may be treated as a period of practice under the clauses.

127. The President shall, by instrument under the Public Seal, appoint the Judges and Masters of the Supreme Court from candidates proposed by the Constitutional Appointments Authority.

128.(1) Where the office of Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of the office of Chief Justice-

(a)until a person has been appointed to and has assumed the functions of that office; or

(b)until the person holding that office has resumed the functions of that office,

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Appointment of Judges and Masters

Acting Appointment

of Judges

as the case may be, the functions of the office shall be performed by a Judge appointed by the President from Judges proposed by the Constitutional Appointments Authority.

(2) Where-

(a)the office of a Judge is vacant;

(b)a Judge is for any reason unable to perform the functions of the office of a judge; or

(c)the Chief Justice advises the President that the state of business in the Supreme Court so requires.

the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as a Judge-

(d)until a person has been appointed and has assumed the functions of that office;

(e)until the person holding that office has assumed the functions of that office; or

(f)

until the President, on the advice of the Chief Justice, revokes the appointment, as the case may be.

(3)

An appointment under clause (2) (c) may be made without reference to any numerical limit imposed under article 125(6)

PART IV

CONSTITUTIONAL QUESTIONS

129.(1) The jurisdiction an powers of the Supreme Court in respect of matters relating to the application, contravention, enforcement or interpretation of the Constitution shall be exercised by not less than two judges sitting together.

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Supreme Court as Constitutional Court

Constitutional questions before Constitutional Court 3/07/1994

(2)

Where two or more Judges sit together for the
purposes of clause (1), the most senior of the Judges shall
preside.

(3)

Any reference to the Constitutional Court in this
Constitution shall be a reference to the Court sitting under
clause (1)

130.(1) A person who alleges that any provisions of this
Constitution, other than a provision of Chapter III, has been
contravened and that the person’s interest is being or is likely
to be affected by the contravention may, subject to this
article, apply to the Constitutional Court for redress.

(2)

The Constitutional Court may decline to entertain an
application under clause (1) where the Court is satisfied that
the applicant has obtained redress for the contravention under
any law and where the applicant has obtained redress in the
Constitutional Court for any matter for which an application
may be made under clause (1), a court shall not entertain any
application for redress for such matter except on appeal from
a decision of such court.

(3)

Where the Constitutional Court on an application
under clause (1) is satisfied that adequate means of redress
for the contravention alleged are or have been available to the
person concerned in any other court under any other law, the
Court may hear the application or transfer the application to
the appropriate court for grant of redress in accordance
with law.

(4)

Upon hearing an application under clause (1), the
Constitutional Court may-

(a)declare any act or omission which is the subject of the application to be a contravention of this Constitution;

(b) declare any law or the provision of any law which contravenes this Constitution to be void;

(c)grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate.

(5)

Where the Constitutional Court makes a declaration under clause 4 (b) the Court shall, subject to any decision in appeal therefrom, send a copy of the declaration to the President and the Speaker,

(6)

Where in the course of any proceedings in any court, other than the Court of Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.

(7)

Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6),the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.

(8)

The Court in which the question referred to in clause (6) arose shall dispose of the case in accordance with the decision of the Constitutional Court, or if that decision is the subject of an appeal, in accordance with the decision of the Court of Appeal.

(9)

Nothing in this article confers jurisdiction on the Constitutional Court to hear or determine a matter referred

101

to it under article 51(3) or article 82 (1) otherwise than upon an application made in accordance with article 51 or article 82.

PART V

TERMS OF APPOINTMENT OF JUSTICES OF APPEAL AND JUDGES

131.(1) Subject to article 134, a person holding office of Justice of Appeal or Judge shall vacate that office-

(a)on death;

(b)if the person is removed from office under article 134;

(c)subject to clause(2), if the person resigns in writing addressed to the President and to the Constitutional Appointments Authority.

(d)in the case of a person who is a citizen of Seychelles, on attaining the age of seventy years;

(e)in the case of a person who is not a citizen of Seychelles, at the end of the term for which the person was appointed;

(f)if the office is abolished with the consent of the person.

(2)

A resignation under clause (1)(c) shall have effect on the date on which it is received by the President.

(3)

Subject to clause (4), a person who not a citizen of Seychelles may be appointed to the office of Justice of Appeal or Judge for only one term of office of not more than seven years.

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Tenure of office of Justices of Appeal and Judges

(4) The President may, on the recommendation of the Constitutional Appointments Authority in exceptional circumstances appoint a person who is not a citizen of Seychelles and who has already completed one term of office as a Justice of Appeal or Judge for a second term of office, whether consecutive or not, of not more than seven years.

132. (1) The office of Justice of Appeal or Judge shall not, without the consent of the Justice of Appeal or Judge, be abolished during the Justice’s of Appeal or Judges’ continuance in office.

(2)

A person who has been appointed to the office of Justice of Appeal or Judge may continue in office notwithstanding any change, during the Justice’s of appeal or Judges’s term of office, of the qualification for appointment to the office.

(3)

A justice of Appeal or Judge or a person acting as such pursuant to article 124 or article 128, whose appointment has terminated otherwise than by reason of being removed from office under article 134, may continue to sit as a Justice of Appeal or Judge, or to act as such, for the purpose of giving judgment or otherwise in relation to any proceedings commenced before the Justice of Appeal or Judge before the termination of the appointment.

133.(1) The salary, allowances and gratuity payable to a Justice of Appeal or Judge shall be prescribed by or under an Act and shall be a charge on the Consolidated Fund.

(2)

Subject to article 134, the salary, allowances or gratuity payable to and the term and other conditions of service of a Justice of Appeal or Judge shall not be altered to the disadvantage of the Justice of Appeal or Judge after appointment.

134.(1) A Justice of Appeal or Judge may be removed from office only-

103

Miscellaneous provisions with respect to

tenure

Salary etc. of Justices of Appeal and Judges

Removal of Justice of Appeal or Judge from office

(a)for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and

(b)in accordance with clauses (2) and (3)

(2) Where the Constitutional Appointments Authority considers that the question of removing a Justice of Appeal or Judge from office under clause (1) ought to be investigated-

(a)the Authority shall appoint a tribunal consisting of a President and at least two other members, all selected from among persons who hold or have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or from among persons who are eminent jurists of proven integrity; and

(b)the tribunal shall inquire into the matter, report on the facts thereof to the Authority and recommend to the President whether or not the Justice of Appeal or Judge ought to be removed from office.

(3)

Where, under clause (2), the tribunal recommends that a Justice of Appeal or Judge ought to be removed from office, the President shall remove the Justice of Appeal or judge from office.

(4)

Where under this article the question of removing a Justice of Appeal or Judge has been referred to a tribunal, the President may suspend the Justice of Appeal or Judge from performing the functions of a Justice of Appeal or Judge, but the suspension-

(a)may, on the advice of the Constitutional Appointments Authority, be revoked at any time

104

by the President;

(b)shall cease to have effect if the tribunal recommends to the President that the Justice of Appeal or Judge ought not to be removed from office.

138. The Supreme Court shall have, and use as occasion requires, a seal bearing on it the device of the Public Seal of Seychelles surrounded by the words “Seal of the Supreme Court of Seychelles”

CHAPTER IX

CONSTITUTIONAL APPOINTMENTS AUTHORITY

139.(1) There shall be a Constitutional Appointments Authority which shall perform the functions conferred upon it by this Constitution and any other law.

(2) Subject to this Constitution, the Constitutional Appointments Authority shall not, in the performance of its functions, be subject to the direction or control of any person or authority.

140(1) The Constitutional Appointments Authority shall consist of three members appointed as follows-

(a)the President and the Leader of the Opposition shall each appoint one member;

(b)subject to clause (3), the two members appointed under paragraph (a) shall, within twenty-one days of their appointment, by agreement, appoint the third member who shall also be the Chairman of the Authority.

(2)

The President or the Leader of the Opposition shall within seven days after the person whom the President or Leader of the Opposition has appointed under clause (1)(a) ceased to be a member of the Constitutional Appointments Authority, appoint another person as member of the Authority.

(3)

Where the two members of the Constitutional Appointments Authority appointed under clause (1) (a) or clause (4)(a) or (b) fail to appoint or are unable to agree on the

106

Seal of Court

Establishment

of Constitutional Appointments Authority

Composition of Constitutional Appointments Authority

3/7/1994

3/7/1994

appointment of the third member and Chairman of the Authority, the two members shall, within fourteen days after the end of the period specified in clause (1)(b), propose a list of not less than two and not more than three candidates for the office of member and chairman of the Authority to the President and the President shall within seven days after receiving the list of candidates, appoint one of the candidates proposed as member and Chairman of the Authority.

(4) Where-

(a)the President or the Leader of the Opposition fails to appoint a member of the Constitutional Appointments Authority within the prescribed time, the Speaker shall appoint the member;

(b)

the President and the Leader of the Opposition fail to appoint a member of the Constitutional Appointments Authority within the prescribed time, the appointment shall be made by the National Assembly;

(c)

the two members of the Constitutional Appointments Authority appointed under clause 1 (a) or sub-clause

(a)

or (b) of this clause fail to propose a list of candidates for the office of member and Chairman of the Authority to the President within the time prescribed in clause (3), the National Assembly shall propose the list of candidates to the President who shall within 7 days after receiving the list appoint one of the candidates as member and Chairman of the Authority;

(d)

the President fails to appoint the third member and Chairman of the Authority within the time prescribed in clause (3) or subclause (c) of this clause, the National Assembly shall appoint the third member and Chairman;

(e)

the third member and Chairman of the Constitutional Appointments Authority ceases to hold office other than by expiration of the period of office, clause

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Qualification for membership

(1)(b) and (3) and this clause shall apply to the appointment of the third member and Chairman as if the period specified in clause (1) (b) begins on the date the member and Chairman ceases to hold office.

141. A person is qualified to be a member of the Constitutional Appointments Authority if the person is a citizen of Seychelles who-

(a)has held judicial office in a court of unlimited original jurisdiction; or

(b) is of proven integrity and impartiality who has served with distinction in a high office in the Government of Seychelles or under this Constitution or in a profession or vocation.

142.(1) A person shall be appointed a member of the Constitutional Appointments Authority for a term of seven years and subject to any law, may, at the end of a term, be reappointed for further terms of office.

(2)

A person holding office as member of the Constitutional Appointments Authority may, by writing addressed to the President and Leader of Opposition, and, in the case of a member who is not the Chairman, to the Chairman, resign.

(3)

A resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause..

(4)

The salary, allowances and gratuity payable to a member of the Constitutional Appointments Authority shall be prescribed by or under an Act and the salary, allowances or gratuity shall be a charge on the Consolidated Fund.

(5)

Subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of a member of the Constitutional Appointments Authority shall not be altered to the disadvantage of the member after the appointment.

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Tenure of office, etc

(6) The Constitutional Appointments Authority may
regulate its own proceedings and may act notwithstanding one
vacancy in its membership.

CHAPTER X

OMBUDSMAN

Ombudsman

143.(1) There shall be an Ombudsman who shall be appointed
by the President from candidates proposed by the
constitutional Appointments Authority.

(2) A person is qualified for appointment as Ombudsman if-

(a)the person is a citizen of Seychelles;

(b)the person is of proven integrity and impartiality;

(c)the Constitutional Appointments Authority is of the opinion that the person possesses demonstrated competence and experience and can effectively discharge the functions of the office of Ombudsman; and

(d)the person is not a member of the National 3/14/1996 Assembly or Judiciary or a Minister or the Vice-President or a candidate in an election under this Constitution or has been designated as a candidate’s Vice-President at an election for President.

(3)

Subject to this Constitution, the Ombudsman shall not,
in the performance of the office of Ombudsman, be subject
to the direction or control of any person or authority.

(4)

The person holding office as Ombudsman shall not hold

Tenure of

office of

any other public office of emolument or engage in any

Ombudsman

occupation for reward outside the functions of the office of 3/07/1994
Ombudsman which might compromise the integrity,
impartiality and independence of that office.

Functions of the Public Service Appeal Board

(2) Subject to this Constitution, the Public Service Appeal Board shall not, in the performance of its functions, be subject to the direction or control of any person or authority.

146.(1) The Public Service Appeal Board shall hear complaints by persons aggrieved by-

(a)an appointment made to an office;

(b)a promotion to an office;

(c)disciplinary proceedings taken in respect of an officer;

(d) the termination of appointment of a person who was holding an office;

(e)any decision relating to the qualification of a person who has applied for an office or is serving in an office, in the public service

(2)

Clause (1) shall not apply to an office the appointment to which falls within the competence of the Constitutional Appointments Authority or an office referred to in article 62(3) or any other law.

(3)

The Public Service Appeal Board may refuse to 3/5/1995 consider a complaint where it is of the opinion that-

(a)it is frivolous, vexatious or trivial or made in bad faith; or

(b)the making of the complaint has, without reasonable cause, been delayed for more than six months, or the complaint is the subject of proceedings before the court.

(4)Where after considering a complaint the Public Service Appeal Board is of the opinion that the complainant has been aggrieved as alleged in the complaint, the Board shall order the public authority concerned to take such appropriate action as is specified in the order within the time specified in the order and where the public authority fails to comply with the order the Board shall make a report to the National Assembly.

(5)

The Public Service Appeal Board shall, in addition to any report it may make under clause (4), make, before the 31^st January of each year, a report to the National Assembly in respect of the performance of its functions during the immediately preceding year.

(6)

A complaint made under this article shall not affect the right of the complainant or other person to take legal or other proceedings under any other law.

(7)

For the purposes of this article-

“body” means a body of persons whether corporate or incorporate;

“public service” means service under a public authority;

‘public authority” means a Ministry, department, or division of the Government.

147.(1)The public Service Appeal Board shall, for the purposes of performing its functions under this Chapter, have the power to compel the attendance of witnesses, examine witnesses on oath or otherwise, call for and examine any relevant record and inspect any premises.

(2)

Paragraph 4 of Schedule 5 shall apply to an investigation by the Public Service Appeal Board as it applies to an investigation by the Ombudsman.

(3)

The Public Service Appeal Board may regulate its own proceedings and may act notwithstanding one vacancy in its membership.

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3/5/1995

“

Investigative power

(4) An Act may provide for any matter, not otherwise provided for in this Chapter, in relation to the Public Service Appeal Board.

148.(1) The Public Service Appeal Board shall consist of three members appointed as follows-

(a)the President and the Leader of the Opposition shall each appoint one member;

(b)

s ubject to clause (3), the two members appointed under paragraph (a) shall, within twenty-one days of their appointment, by agreement, appoint the third member who shall also be the Chairman of the Board.

(2)

The President or the Leader of the Opposition shall within seven days after the person whom the President or Leader of Opposition has appointed under clause (1) (a) ceased to be a member of the Public Service Appeal Board, appoint another person as member of the Board.

(3)

Where the two members of the Public Service Appeal Board appointed under clause (1)(a) or clause 4(a) or (b) fail to appoint or are unable to agree on the appointment of the third member and Chairman of the Board, the two members shall, within fourteen days after the end of the period specified in clause (1) (b), propose a list of not less than two and not more than three candidates for the office of member and Chairman of the Board to the President and the President shall within seven days after receiving the list of candidates, appoint one of the candidates proposed as member and Chairman of the Board.

(4)

Where-

(a)

the President or the Leader of the Opposition fails to appoint a member of the Public Service Appeal Board within the prescribed time, the Speaker

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Composition of Public Service Appeal Board 3/7/1994

3/14/1996

shall appoint the member;

(b)The President and the Leader of the Opposition fail to appoint a member of the Public Service Appeal Board within the prescribed time, the appointment shall be made by the National Assembly;

(c)the two members of the Public Service Board appointed under clause (1)(a) or subclause (a) or

(b) of this clause fail to propose a list of candidates for the office of member and Chairman of the Board to the President within the time prescribed in clause (3), the National Assembly shall propose the list of candidates to the President who shall within 7 days after receiving the list appoint one of the candidates as member and Chairman of the Board;

(d)the President fail to appoint the third member and Chairman of the Public Service Appeal Board within the time prescribed in clause(3), the National Assembly shall appoint the third member and chairman;

(e) the third member and Chairman of the Public Service Appeal Board ceases to hold office other than by expiration of the period of office, clauses (1)(b) and (3) and this clause shall apply to the appointment of the third member and Chairman as if the period specified in clause (1) (b) begins on the date the member and Chairman ceases to hold office.

149. A person is qualified to be a member of the public Service Appeal Board if the person is a citizen of Seychelles who-

(a)is of proven integrity and impartiality who has served with distinction in a high office in the Government of Seychelles or under this

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3/14/1996

Qualification for membership

Constitution or in a profession or vocation and

(b)is not a member of the National Assembly or a Minister or the President or a candidate to an election under this Constitution.

150.(1) A person shall be appointed a member of the Public Service Appeal Board for a term of seven years and subject to any law, may, at the end of a term, be reappointed for further terms of office.

(2)

A person holding office as a member of the Public Service Appeal Board may, by writing addressed to the President and Leader of Opposition, and, in the case of a member who is not the Chairman, to the Chairman, resign.

(3)

A resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause.

(4)

The salary, allowances and gratuity payable to a member of the Public Service Appeal Board shall be prescribed by or under an Act and the salary, allowances or gratuity so payable shall be a charge on the on the Consolidated Fund.

(5)

Subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of a member of the Public Service Appeal Board shall not be altered to the disadvantage of the member after the appointment.

(6)

The Public Service Appeal Board may regulate its own proceedings and may notwithstanding one vacancy in its membership.

CHAPTER XII

FINANCE

151. There shall be a Consolidated Fund into which shall be paid all revenues or other moneys raised or received for purposes or on behalf of the Republic, not being revenues or

115

Tenure of office

Consolidated Fund

Withdrawal from Consolidated Fund

other moneys that are payable by or under an Act for some specific purpose or into some other fund established under an Act for a specific purpose.

152.(1) No moneys shall be withdrawn from the Consolidated Fund except-

(a)to meet expenditure that is charged on the Fund by this Constitution or by an Act; or

(b)Where the issue of those moneys has been authorised-

(i)

by an Appropriation Act;

(ii)

by a supplementary estimate approved pursuant to article 154(7) by resolution of the National Assembly passed in that behalf of; or

(iii)Under article 155.

(2) No moneys shall be withdrawn from any public fund, other than the Consolidated Fund, unless the issue of those moneys has been authorised by or under an Act.

153. The public debt of Seychelles shall be a charge on the Consolidated Fund and other public funds established by or under this Constitution.

154.(1) The Minister shall, not later that the thirtieth day after the beginning of each financial year, lay before the National Assembly the estimates of revenue and expenditure of the Government for the financial year.

(2)

The Minister shall, before presenting the estimates under clause (1), obtain the approval of the Cabinet in respect of the estimates.

(3)

The estimates referred to in clause (1) shall include-

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Public debt

Appropriation Act and statement of account

(a)a statement of the public debt at the beginning of the
financial year showing-

(i)a bilateral, multilateral, institutional and
commercial debts;

(ii) whether the debt in each case referred to in subparagraph (i) is foreign or domestic;

(iii) in the case of a domestic debt, the type and aggregate amount of the debt instrument issued;

(b)
a statement of the expected debt at the end of the
financial year;

(c)a profile of the debt repayment and servicing
requirement for the next ten subsequent financial
years;

(d)a statement of the outstanding guarantees given by
the Government and the Central Bank of Seychelles;

(e)a statement of official reserves, clearly identifying the
reserves held at the beginning of the financial year
by the Central Bank, the Government and the
banking section in aggregate, the expected holdings
by the Central Bank, Government and banking sector
at the end of the financial year and the extent to
which the official reserves are expected to be drawn
down or increased during the financial year;

(f)a statement of the fiscal outcome and effect showing a
full abstract of the Consolidated Fund for the
immediately preceding financial year.

(4) The estimates of expenditure referred to in clause (1)
shall show separately-

(a)the estimates of expenditures required to meet expenditures charged on the Consolidated Fund; and

(b)the sums required to meet other expenditures during the financial year.

(5)

The heads of expenditures referred to in clause (4)(b) shall be included in a Bill, to be known as the Appropriation Bill, which shall be introduced in the National Assembly to provide for appropriation from the Consolidated Fund of the sums of money necessary to meet the expenditures.

(6)

Where, in respect of any financial year, it is found-

(a)that the amount appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Act; or

(b)that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose by that Act or for a purpose for which no amount has been appropriated by that Act, a supplementary estimate, showing the sum of money required or spent, shall be laid before the National Assembly.

(7)

Where, in respect of any financial year, a supplementary estimate laid before the National Assembly in accordance with clause (6) has been approved by resolution by the National Assembly, a supplementary Appropriation Bill shall be introduced in the Assembly in the financial year next following the year to which the estimate relates, providing for the appropriation of the sums so approved for the purposes specified in that estimate.

(8)

The Minister shall, after approval by the Cabinet and within ninety-one days after the end of each financial year, provide to the National Assembly in respect of that year-

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(a)full details of all accounts maintained in respect of the Consolidated Fund showing amounts actually received and spent in that year;

(b)statements of fiscal outcome and effect showing separately actual components of fiscal outcome, position and effect, and, in the case of fiscal effect, separate disclosure shall be made of actual additional borrowings, movements in cash balances, of the Central Bank of Seychelles and other bank and non-bank borrowings;

(c)a statement of actual outstanding debt at the end of the financial year showing separately bilateral, multilateral, institutional, foreign and domestic debt, type and aggregate amounts of debt instruments outstanding and in the case of new or restructured debt or debt in default, a separate disclosure giving full details thereof;

(d)statements of outstanding guarantees given by Government and the Central Bank of Seychelles showing separately guarantees that have been renewed, new guarantees given and guarantees that have been called up and, details of such guarantees together with a statement of guarantees that have expired during the financial year.

(e)a statement of actual official reserves identifying those held by the Central Bank of Seychelles, and there shall be shown separately the extent to which those reserves are borrowed or encumbered in any way;

(f)as far as is practicable, a statement of assets and liabilities of the Government at the end of the financial year; and

(g)such other statements as the Minister may think fit.

(9) For the purposes of this Chapter,

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“financial year” means any period of twelve months beginning on 1^st January in any year or any other date as may be prescribed by or under an Act;

“Minister” means the Minister responsible for finance and includes the Vice-President where the Vice-President is responsible for the Ministry or department of finance.

155. Where the Appropriation Act in respect of any financial year has not come into operation by the beginning of the financial year, the National Assembly by resolution may authorise the withdrawal of moneys from Consolidated Fund for the purpose of meeting expenditure necessary to carry on the service of the Government until the expiration of four months from the beginning of the financial year or the coming into operation of that Appropriation Act, whichever is the earlier.

156.(1) Provision may be made in an Act for the establishment of a Contingencies Fund and for authorizing the Minister, if the Minister is satisfied that there is an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that Fund to meet that need.

(2)

Where any advance is made from the Contingencies Fund, a supplementary estimate shall, as soon as is practicable, be laid before the National Assembly for the purpose of authorizing the replacement of the amount so advanced.

(3)

An Act may provide for establishment of other funds for any purpose specified in the Act.

157.(1) Subject to this article, no taxation shall be imposed or altered except by or under an Act.

(2)

An Act may make provision under which the President or a Minister may by order provide that on or after the publication of a Bill, being a Bill approved by the

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3/14/1996

Authorisation of expenditure in advance of appropriation

Contingencies Fund and other funds

President, that it is proposed to introduce in the National Assembly providing for the imposition or alteration or taxation, such provisions of the Bill as may be specified in the order shall, until the Bill becomes law, have the force of law for such period and subject to such conditions as may be prescribed by an Act.

(3) An order made under clause (2) shall, unless sooner revoked, cease to have effect-

(a)if the Bill to which it relates is not passed within such period from the date of its first reading in the National Assembly as may be prescribed by an Act;

(b)if, after the introduction of the Bill to which it relates, the National Assembly is dissolved; or

(c)at the expiration of a period of four months from the date the order came into operation, or such longer period from that date as may be specified in any resolution passed by the National Assembly, after the Bill to which it relates has been introduced.

158.(1) There shall be an Auditor-General who shall be appointed by the President from candidates proposed by the Constitutional Appointment Authority.

(2)

A person shall not be appointed Auditor-General unless the person has not less than seven years experience as an auditor or qualified accountant.

(3)

The accounts of the Cabinet office, the National Assembly, all government departments and offices, all courts and those related to moneys withdrawn from the Consolidated Fund, all the accounts of any statutory corporation or such other body as may be specified by or under an Act shall be audited and reported on by the Auditor-General to the National Assembly and for that purpose the Auditor-General or any person authorised or appointed in that behalf by the Auditor-

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Auditor General

3/07/1994

General shall have access to all books, records, returns, information and other documents relating or relevant to those accounts.

(4)

The public accounts of Seychelles and of all other persons or bodies referred to in clause (3) shall be kept in such form as the Auditor-General shall approve.

(5)

The Auditor-General shall, within twelve months of the end of the immediately preceding financial year, submit the report referred to in clause (3) to the National Assembly and shall in that report draw attention to irregularities in the accounts audited and to any other matter which in the opinion of the Auditor-General ought to be brought to the notice of the Assembly.

(6)

The Finance and Public Accounts Committee of the National Assembly shall consider the report of the Auditor General and, for that purpose, may summon before the Committee any person who, in the opinion of the Committee, may assist the Committee in its consideration of the report.

(7)

The Auditor-General shall, in the performance of the functions of the office of Auditor-General, not be subject to the direction or control of any other person or authority, but the President or the National Assembly may request the Auditor General in the public interest, to audit at any particular time, the accounts of any persons or bodies referred to in clause (3)

(8)

The Auditor-General shall be appointed for a term of seven years but is eligible for reappointment at the end of a term of office.

(9)

The salary, allowances, gratuity or pension payable to the Auditor- General shall be provided for by or under an Act and shall be a charge on the Consolidated Fund.

(10)

The Act referred to in clause (9) may provide for other conditions of service of the Auditor –General.

(11)

Subject to article 165, the term and other conditions of service of the Auditor-General shall not be altered to the disadvantage of the Auditor-General after appointment.

CHAPTER XIII

THE POLICE FORCE

159.(1) There shall be a Police Force of Seychelles.

(2)

Subject to this Constitution and any other law, the Police Force shall be organized and administered in such manner as may be provided for by or under an Act.

160.(1) The Police Force shall be commanded by the Commissioner of Police who shall be appointed by the President subject to approval by the National Assembly.

(2)

Nothing in this article shall be construed as precluding the assignment to a Ministry or Department of Government of responsibility for the organisation, maintenance and administration of the Police Force, but the Commissioner of Police shall be responsible for determining the use, and controlling the operations of the Force in accordance with law.

161. The functions of the Police are-

(a) to maintain law and order in and preserve the internal security of Seychelles and any other area over which the Republic has proclaimed its jurisdiction;

(b)to prevent and detect crime in Seychelles and over any other area over which the Republic has proclaimed its jurisdiction; and

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Establishment of Police Force

Commissioner of Police

Functions of Police Forces

Establishment of
Defence Forces

(c)to perform such other functions as may be prescribed by an Act.

CHAPTER XIV

DEFENCE FORCES

162.(1) There shall be the Defence Forces of Seychelles.

(2)

The President shall be the Commander-in-Chief of the Defence Forces.

(3)

Subject to this Constitution, the Defence Forces shall be organized and administered in such manner as may be provided for by or under an Act and the Act may, in particular, provide for

charges of indiscipline and other offences among members of the Defence Forces to be investigated, prosecuted and punished.

163.(1) The Functions of the Defence Forces are-

(a)to defend Seychelles and any other area over which the Republic has proclaimed its jurisdiction;

(b)to assist in the fulfilment by the Republic of its international obligations;

(c)during a period of emergency, to provide assistance to civil authorities

(i)

in a civil disaster; or

(ii)

in the restoration and maintenance of public order and security on being called out by the President,