Seychelles 1993 (rev. 2025)

15

1. Everyone has a right to life and no one shall be deprived of life intentionally.
2. Prohibition of capital punishment
   A law shall not provide for a sentence of death to be imposed by any court.
3. Clause (1) is not infringed if there is a loss of life-
   1. by any act or omission which is made not punishable by any law reasonably justifiable in a democratic society; or
   2. as a result of a lawful act of war.

16

17

1. Every person has a right not to be held in slavery or bondage.
2. Every person has a right not to be compelled to perform forced or compulsory labour.
3. Labour forced or compelled to be performed pursuant to a law necessary in a democratic society does not infringe clause (2).

18

1. Every person has a right to liberty and security of the person.
2. The restriction, in accordance with fair procedures established by law, of the right under clause (1) in the following cases shall not be treated as an infringement of clause (1)-
   1. the arrest or detention in execution of a sentence or other lawful order of a court;
   2. the arrest or detention on reasonable suspicion of having committed or of being about to commit an offence for the purposes of investigation or preventing the commission of the offence and of producing, if necessary, the offender before a competent court;
   3. the arrest or detention to prevent the spread of infectious or contagious diseases which constitute a serious threat to public health;
   4. Drugs, alcohol, and illegal substances
      the arrest or detention for the treatment and rehabilitation of a person who is, or reasonably suspected to be, of unsound mind or addicted to drugs to prevent harm to that person or to the community.
   5. Extradition procedure, Restrictions on entry or exit, Power to deport citizens
      the arrest or detention for the purpose of preventing the unauthorized entry into Seychelles of a person, not being a citizen of Seychelles, or for the purpose of deportation or extradition of that person;
   6. the detention for the rehabilitation and welfare of a minor with the consent of the parent or guardian or of the Attorney-General where such detention is ordered by a competent court.
3. Protection from self-incrimination, Right to counsel, Privileges for juveniles in criminal process, Trial in native language of accused
   A person who is arrested or detained has a right to be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter in, as far as is practicable, a language that the person understands of the reason for the arrest or detention, a right to remain silent, a right to be defended by a legal practitioner of the person's choice and, in the case of a minor, a right to communicate with the parent or guardian.
4. A person who is arrested or detained shall be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter of the rights under clause (3).
5. Protection from unjustified restraint
   A person who is arrested or detained, if not released, shall be produced before a court within twenty-four hours of the arrest or detention or, having regard to the distance from the place of arrest or detention to the nearest court or the non-availability of a judge or magistrate, or force majeure, as soon as is reasonably practicable after the arrest or detention.
6. Right to speedy trial
   A person charged with an offence has a right to be tried within a reasonable time.
7. Right to pre-trial release
   A person who is produced before a court shall be released, either unconditionally or upon reasonable conditions, for appearance at a later date for trial or for proceedings preliminary to a trial except where the court, having regard to the following circumstances, determines otherwise-
   1. where the court is magistrates' court, the offence is one of treason or murder;
   2. the seriousness of the offence;
   3. there are substantial grounds for believing that the suspect will fail to appear for the trial or will interfere with the witnesses or will otherwise obstruct the course of justice or will commit an offence while on release;
   4. there is a necessity to keep the suspect in custody for the suspect's protection or where the suspect is a minor, for the minor's own welfare;
   5. the suspect is serving a custodial sentence;
   6. the suspect has been arrested pursuant to a previous breach of the conditions of release for the same offence.
8. A person who is detained has the right to take proceedings before the Supreme Court in order that the Court may decide on the lawfulness of the detention and order the release of the person if the detention is not lawful.
9. Proceedings under clause (8) shall be dealt with as a matter of urgency by the Supreme Court and shall take priority over other proceedings of the Court listed for hearing on that day.
10. Protection from false imprisonment
    A person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the State on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them.
11. A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person.
12. Privileges for juveniles in criminal process
    An offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender of suspect.
13. A female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect.
14. Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence.
15. Rights of debtors
    A person shall not be imprisoned merely on the ground of the inability to fulfill a contractual obligation.
16. Clause (15) shall not limit the powers of a court under any law in enforcing is orders.

19

1. Right to speedy trial, Judicial independence
   Every person charged with an offence has the right, unless the charge is withdrawn, to a fair hearing within a reasonable time by an independent and impartial court established by law.
2. Every person who is charged with an offence-
   1. Presumption of innocence in trials
      is innocent until the person is proved or has pleaded guilty;
   2. Trial in native language of accused
      shall be informed at the time the person is charged or as soon as is reasonably practicable, in, as far as is practicable, a language that the person understands and in detail, of the nature of the offence;
   3. shall be given adequate time and facilities to prepare a defence to the charge;
   4. Right to counsel
      has a right to be defended before the court in person, or, at the person's own expense by a legal practitioner of the person's own choice or, where a law so provides, by a legal practitioner provided at public expense;
   5. Right to examine evidence/witnesses
      has a right to examine, in person or by a legal practitioner, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on the person's behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
   6. Trial in native language of accused
      shall, as far as is practicable, have without payment the assistance of an interpreter if the person cannot understand the language used at the trial of the charge;
   7. Protection from self-incrimination
      shall not be compelled to testify at the trial or confess guilt;
   8. Protection from self-incrimination
      shall not have any adverse inference drawn from the exercise of the right to silence either during the course of the investigation or at the trial; and
   9. shall, except with the person's own consent, not be tried in the person's absence unless the person's conduct renders the continuance of the proceedings in the person's presence impracticable and the court has ordered the person to be removed and the trial to proceed in the person's absence.
3. When a person is tried for any offence that person or any other person authorised by that person in that behalf shall, if either of them so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given as soon as is practicable after judgment a copy for the use of that person of any record of the proceedings made by or on behalf of the court.
4. Principle of no punishment without law, Protection from ex post facto laws
   Except for the offence of genocide or an offence against humanity, a person shall not be held to be guilty of an offence on account of any act or omission that did not, at the time it took place, constitute an offence, and a penalty shall not be imposed for any offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed.
5. Prohibition of double jeopardy
   A person who shows that the person has been tried by a competent court for an offence and either convicted or acquitted shall not be tried again for that offence or for any other offence of which the person could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
6. A person shall not be tried for an offence if the person shows that the person has been pardoned for that offence in accordance with an Act made pursuant to article 60(2).
7. Judicial independence
   Any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority the case shall be given a fair hearing within a reasonable time.
8. Right to public trial
   Subject to a clause (9), all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public.
9. Anything in clause (8) shall not prevent the court or other authority from excluding from the proceedings, except for the announcement of the decision of the court or other authority, persons other than the parties thereto, their legal representatives and legal practitioners to such extent as the court or other authority-
   1. Privileges for juveniles in criminal process
      may by law be empowered so to do and may consider necessary in the circumstances where publicity would prejudice the interests of justice, or interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the privacy of persons concerned in the proceedings; or
   2. may by law be empowered or required to do so in interests of defence, public safety or public order.
10. Anything contained in or done under the authority of any law necessary in a democratic society shall not be held to be inconsistent with or in contravention of-
    1. clause (1), (2) (e) or (8), to the extent that the law in question makes necessary provision relating to the grounds of privilege or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings;
    2. clause (2) (a), to the extent that the law in question imposes upon any person charged with an offence the burden of proving particular facts or declares that the proof of certain facts shall be prima facie the offence or of any element thereof;
    3. clause (2) (e), to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf on an accused person are to be paid their expenses out of public funds;
    4. clause (5), to the extent that the law in question authorizes a court to try a member of a disciplinary force for an offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting the member shall in sentencing the person to any punishment take into account any punishment awarded the member under that disciplinary law.
11. Right to appeal judicial decisions
    Every person convicted of an offence shall be entitled to appeal in accordance with law against the conviction, sentence and any order made on the conviction.
12. For the purposes of clause 2(i), a person who has, in accordance with law, been served with a summons or other process requiring the person to appear at the time and place appointed for the trial and who does not so appear shall be deemed to have consented to the trial taking place in the person's absence.
13. Protection from false imprisonment
    Every person convicted of an offence and who has suffered punishment as a result of the conviction shall, if it is subsequently shown that there has been a serious miscarriage of justice, be entitled to be compensated by the State according to law.

20

1. Every person has a right not to be subjected-
   1. without the consent of that person, to the search of the person or property or premises of that person or to the lawful entry by others on the premises of that person;
   2. without the consent of the person or an order of the Supreme Court, to the interception of the correspondence or other means of communication of that person either written, oral or through any medium.
2. Anything contained in or done under the authority of any law shall not be held to be inconsistent with or in contravention of clause (1) (a) to the extent that the law in question makes provision-
   1. that is reasonably required in the interest of defence, public safety, public order, public morality, public health, the administration of Government, town and country planning, nature conservation and the economic development and well-being of the country;
   2. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
   3. that authorises an officer or agent of the Government or a local authority, or a body corporate established by law for public purposes, to enter on the premises of any person in order to inspect or value those premises or anything therein for the purpose of any tax, rate, due or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be; or
   4. that authorises, for the purpose of enforcing of the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be necessary in a democratic society.

21

1. Every person has a right to freedom of conscience and for the purpose of this article this right includes freedom of thought and religion, freedom to change religion or belief and freedom either alone or in community with others and both in public and in private, to manifest and propagate the religion or belief in worship, teaching, practice and observance.
2. The freedom to manifest and propagate a religion or belief may be subject to such limitations as may be prescribed by a law and necessary in a democratic society-
   1. in the interests of defence, public safety, public order, public morality or public health; or
   2. for the purpose of protecting the rights or freedoms of other persons.
3. A person attending any place of education shall not be compelled to impart or receive religious instruction or to take part in or attend any religious ceremony or observance.
4. Subject to this Constitution or any other law, a person shall not be compelled to take any oath that is contrary to the religion or belief of that person or to take any oath in a manner that is contrary to that religion or belief.
5. A person shall not be required to profess any religion as a qualification for public office.
6. A law shall not make provision for the establishment of any religion or the imposition of any religious observance.
7. Anything in this article shall not preclude any religious community or denomination from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination.

22

1. Every person has a right to freedom of expression and for the purpose of this article this right includes the freedom to hold opinions and to seek, receive and impart ideas and information without interference.
2. The right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic society-
   1. in the interest of defence, public safety, public order, public morality or public health;
   2. Right to protect one's reputation
      for protecting the reputation, rights and freedoms or private lives of persons;
   3. for preventing the disclosure of information received in confidence;
   4. for maintaining the authority and independence of the courts or the National Assembly;
   5. Telecommunications, Television, Radio
      for regulating the technical administration, technical operation, or general efficiency of telephones, telegraphy, posts, wireless broadcasting, television, or other means of communication or regulating public exhibitions or public entertainment; or
   6. Television
      for the imposition of restrictions upon public officers.

23

1. Right to join trade unions, Right to form political parties
   Every person has a right to freedom of peaceful assembly and association and for the purpose of this article this right includes the right to assemble freely and associate with other persons and in particular to form or to belong to political parties, trade unions or other associations for the protection of the interests of that person and not to be compelled to belong to any association.
2. Restrictions on political parties
   The right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic society-
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. in respect of the registration of associations or political parties;
   3. for the protection of the right and freedoms of other persons,
   4. for imposition of restrictions-
      1. on persons who are not citizens of Seychelles; or
      2. Restrictions on the armed forces
         on public officers or members of the disciplinary forces.

24

1. Subject to this Constitution, every citizen of Seychelles who has attained the age of eighteen years has a right-
   1. to take part in the conduct of public affairs either directly or through freely chosen representatives;
   2. Claim of universal suffrage, Restrictions on voting, Secret ballot, Age restrictions on first chamber
      to be registered as a voter for the purpose of and to vote by secret ballot at public elections which shall be by universal and equal suffrage;
   3. to be elected to public; office; and
   4. Civil service recruitment
      to participate on general terms and equality, in public service.
2. The exercise of the rights under clause (1) may be- regulated by a law necessary in a democratic society.

25

1. Every person lawfully present in Seychelles has a right of freedom of movement and for the purpose of this article this right includes the right to move freely within Seychelles, the right to reside in any part of Seychelles, the right to leave Seychelles and the right not to be expelled from Seychelles.
2. Every person who is a citizen of Seychelles has a right to enter Seychelles and, subject to clause (3) (d), not to be expelled from Seychelles.
3. The right under clause (1) may be subject to such restrictions as are prescribed by a law necessary in a democratic society-
   1. in the interests of defence, public safety, public order, public morality or public health;
   2. for protecting the rights and freedoms of other persons;
   3. for the prevention of a crime or compliance with an order of a court;
   4. Extradition procedure
      for extradition of persons from Seychelles; or
   5. for lawful removal of persons who are not citizens of Seychelles from Seychelles.
4. Extradition procedure
   A law providing for the extradition of persons from Seychelles shall not authorise the extradition to a country in respect of an offence punishable with death in that country unless that country undertakes not to carry into effect a sentence of death in respect of the offence.
5. A law providing for the lawful removal from Seychelles of persons lawfully present in Seychelles shall provide for the submission, prior to removal, of the reasons for the removal and for review by a competent authority of the order of removal.

26

1. Every person has a right to property and for the purpose of this article this right includes the right to acquire, own peacefully enjoy and dispose of property either individually or in association with others.
2. The exercise of the right under clause (1) may be subject to such limitations as may be prescribed by law and necessary in a democratic society-
   1. in the public interest;
   2. for the enforcement of an order or judgment of a court in civil or criminal proceedings;
   3. in satisfaction of any penalty, tax, rate, duty or due;
   4. Drugs, alcohol, and illegal substances
      in the case of property reasonably suspected of being acquired by the proceeds of drug trafficking or serious crime;
   5. in respect of animals found trespassing or straying;
   6. in consequence of a law with respect to limitation of actions or acquisitive prescription;
   7. with respect to property of citizens of a country at war with Seychelles;
   8. with regard to the administration of the property of persons adjudged bankrupt or of persons who have died or of persons under legal incapacity; or
   9. Ownership of natural resources
      for vesting in the Republic of the ownership of underground water or unextracted oil or minerals of any kind or description.
3. Protection from expropriation
   A law shall not provide for the compulsory acquisition or taking of possession of any property by the State unless-
   1. reasonable notice of the intention to compulsory acquire or take possession of the property and of the purpose of the intended acquisition or taking of possession are given to persons having an interest or right over the property;
   2. the compulsory acquisition or taking of possession is necessary in the public interest for the development or utilization of the property to promote public welfare or benefit or for public defence, safety, order, morality or health or for town and country planning;
   3. there is reasonable justification for causing any hardship that may result to any person who has an interest in or over the property;
   4. the State pays prompt and full compensation for the property;
   5. any person who has an interest or right over the property has a right of access to the Supreme Court whether direct or on appeal from any other authority for the determination of the interest of the interest or right, the legality of the acquisition or taking of possession of the property, the amount of compensation payable to the person and for the purpose of obtaining prompt payment of compensation.
4. Protection from expropriation
   Where the property acquired by the State under this article is not used, within a reasonable time, for the purpose for which it was acquired, the State shall give, to the person who owned it immediately before the acquisition of the property, an option to buy the property.
5. A law imposing any restriction on the acquisition or disposal of property by a person who is not a citizen of Seychelles shall not be held to be inconsistent with clause (1).

27

1. Every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this Charter without discrimination on any ground except as is necessary in a democratic society.
2. Clause (1) shall not preclude any law, programme or activity which has as its object the amelioration of the conditions of disadvantaged persons or groups.

28

1. The State recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate.
2. The right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in democratic society including-
   1. for the protection of national security;
   2. for the prevention and detection of crime and the enforcement of law;
   3. for the compliance with an order of a court or in accordance with a legal privilege;
   4. for the protection of the privacy or rights or freedoms of others;
3. The State undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise.
4. The State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society.

29

1. The State recognises the right of every citizen to protection of health and to the enjoyment of attainable standard of physical and mental health and with a view to ensuring the effective exercise of this right the State undertakes-
   1. to take steps to provide for free primary health care in State institutions for all its citizens.
   2. to take appropriate measures to prevent, treat and control epidemic and other diseases;
   3. to take steps to reduce infant mortality and promote the healthy development of the of the child;
   4. to promote individual responsibility in health matters;
   5. to allow, subject to such supervision and conditions as are necessary in a democratic society, for the establishment of private medical services.

30

31

32

1. Right to found a family
   The State recognises that the family is the natural and fundamental element of society and the right of everyone to form a family and undertakes to promote the legal, economic and social protection of the family.
2. The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees.

33

34

35

36

37

38

39

1. The State recognises the right of every person to take part in cultural life and to profess, promote, enjoy and protect the cultural and customary values of the Seychellois people subject to such restrictions as may be provided by law and necessary in a democratic society including-
   1. the protection of public order, public morals and public health;
   2. the prevention of crime;
   3. the protection of the rights and freedoms of other persons.
2. The State undertakes to take reasonable steps to ensure the preservation of the cultural heritage and values of the Seychellois people.

40

41

1. The President may, where the President has reason to believe that-
   1. a grave threat to national security or public order has arisen or is imminent; or
   2. 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 than 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.
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 than 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 than 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-
   1. 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;
   2. 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;
   3. 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;
   4. 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;
   5. 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;
   6. 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. International organizations
   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.
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.

45

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.
5. Upon hearing of an application under clause (1) the Constitutional Court may-
   1. declare any act or omission which is the subject of the application to be a contravention of the Charter;
   2. Constitutionality of legislation
      declare any law or the provision of any law which contravenes the Charter void;
   3. 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;
   4. award any damages for the purpose of compensating the person concerned for any damages suffered;
   5. 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.

47

48

49

77

78

79

1. Subject to this article, a general election shall be held at the same time as the election of the President declared under paragraph 4(5) of schedule 3 to the Constitution.
2. On the date of the declaration of the election of members to the National Assembly following a general election, the Electoral Commission shall declare the date of the next general election and within 30 days of such declaration publish a written declaration in the Gazette.
3. In this article "declared date" means the date of the general election declared by the Electoral Commission under clause (2).
4. Where the National Assembly is dissolved under article 110 or 111 more than 3 months before the declared date, a general election shall be held within 3 months of the date that the National Assembly stands dissolved.
5. Where the National Assembly is dissolved within a period of 3 months of the declared date, the general election shall be held on the declared date.
6. Where the term of the session of the National Assembly expires before the next Presidential election declared under paragraph 4 (5) of schedule 3 to the Constitution, the term of the session of the National Assembly shall not exceed fifty-nine months from the date of the last general election and 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.
7. Where a general election is not held in accordance with clauses (1), (4), (5), it 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.
8. Subject to this Constitution, the term of a session of the National Assembly shall not exceed fifty-nine months.
9. Replacement of legislators
   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), (4) or (5).
10. Secret ballot
    Subject to clause (11), a directly elected member of the National Assembly shall be directly elected by secret ballot by persons entitled to vote under this Constitution.
11. 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-
    1. 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
    2. the Electoral Commission shall declare the candidate to be the directly elected member for the electoral area.
12. 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.
13. 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.
14. The election postponed pursuant to clause (12) or (13) 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.
15. 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

81

1. A person ceases to be a member of the National Assembly and the seat occupied by that person in the Assembly shall become vacant-
   1. on the dissolution of the Assembly or at the expiry of the session of the National Assembly, as the case may be;
   2. if the person by notice in writing to the Speaker resigns;
   3. if the person ceases to be a citizen of Seychelles;
   4. Attendance by legislators
      if the person is absent without the permission, which shall not be unreasonably withheld, in writing of the Speaker-
      1. from Seychelles for a continuous period in excess of thirty days; or
      2. 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;
   5. 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.
   6. 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;
   7. Outside professions of legislators
      if the person is elected President or becomes the Vice-President or is appointed a Minister;
   8. if, in the case of a proportionately elected member-
      1. 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;
      2. 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
      3. the political party which nominated the person as a member is dissolved or otherwise ceases to exist;
   9. if, in the case of a directly elected member who was nominated for election by a political party-
      1. the person notifies the Speaker in writing that the person has ceased to be a member of that political party; or
      2. 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;
   10. 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
   11. 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.
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-
   1. the person makes an application under article 82 to the Constitutional Court within thirty days of the date of the certificate; and
   2. 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-
   1. a person has been validly elected as a member of the National Assembly; or
   2. Removal of individual legislators
      the seat of a member of a National Assembly has become vacant.
2. An application under clause (1) (a) may, in the case of-
   1. 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
   2. a proportionately elected member, be made by any member or the Attorney-General.
3. Removal of individual legislators
   An application under clause (1) (b) may, in the case of-
   1. 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;
   2. 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-
   1. 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
   2. the powers, practice and procedure of the Constitutional Court in relation to the application.
6. A proportionately elected member who ceases to be a member of the National Assembly by virtue of Article 81(1) (h) (i), j shall not have the right to make an application under clause 1(b).

83

1. There shall be a Speaker and a Deputy Speaker of the 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-
   1. when the National Assembly first meets after the holding of a general election;
   2. where the person ceases to be a member of the National Assembly;
   3. 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, gratuity and pension of the Speaker and Deputy Speaker.
7. The Salary, allowances, gratuity or pension payable to the Speaker shall be a charge on the Consolidated Fund.
8. Oaths to abide by constitution
   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 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-
   1. if the person ceases to be a member of the National Assembly;
   2. if the person is elected to the office of Speaker or Deputy Speaker;
   3. if the person resigns by notice in writing addressed to the Speaker; or
   4. 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, gratuity and pension of the Leader of the Opposition.
5. The salary, allowances, gratuity or pension 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.

84A

1. There shall be a Leader of Government Business 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 eligible to be elected to the Office of Leader of Government Business if the person is a member of the political party which nominated the incumbent President for election, and only members of the National Assembly who are members of that party may vote in the election.
3. A person elected to the office of Leader of Government Business shall vacate the office
   1. if the person ceases to be a member of the National Assembly;
   2. if the person is elected to the office of Speaker or Deputy Speaker;
   3. if the person resigns by notice in writing addressed to the Speaker; or
   4. 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, gratuity and pension of the Leader of Government Business.
5. The salary, allowances, gratuity or pension payable to the Leader of Government Business shall not be 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 Government Business and in addition to this article is entitled to receive under any other provision ofthe Constitution a salary, allowance, gratuity or pension, the person shall not, while holding the office of Leader of Government Business be concurrently entitled to receive the salary, allowance, gratuity or pension utnder this article or any other provision of the Constitution but may opt to receive the salary; allowance, gratuity or pension under either this article or any other provision ofthe Constitution.

85

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.
2. 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.
3. Repealed.
4. 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.
5. 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.
6. 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 --
   1. advise the Speaker accordingly; and
   2. 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 provided in article 86(2), assent to a Bill, not being a Bill 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)-
   1. return the Bill to the Speaker; and
   2. 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).

89

90

91

1. The National Assembly shall not proceed on a Bill to alter Chapter I, Chapter III, this article 110 or article 111 unless-
   1. Referenda
      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
   2. 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 than 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-
   1. a reference to this Constitution includes a reference to a law that amends or replaces any provision of this Constitution; and
   2. 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.

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-
   1. for the purpose of presenting a Bill and in connection with proceedings in the Assembly relating to the passing of a Bill;
   2. 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
   3. for the purpose of answering a written question from a member.
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. Initiation of general legislation
   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

98

1. Subject to clause (2), the Speaker or, in the absence of the Speaker, the Deputy Speaker or, in their absence, a member elected by the National Assembly, shall preside over the deliberations of the 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

100

101

102

1. There shall be freedom of speech and debate in the National Assembly and a member shall not be subject to the 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.

103

104

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-
   1. a Finance and Public Accounts Committee; and
   2. 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 -
   1. enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
   2. compelling the production of documents; and
   3. 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.

105

1. An Act may provide for the salary, allowances, gratuity and pension of member of the National Assembly.
2. The salary, allowances, gratuity or pension 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, Leader of the Opposition or Leader of Government Business shall not, while holding that office, be paid the salary, allowances, gratuity or pension payable under clause (1).

106

1. Length of legislative sessions, Term length for first chamber
   A session of the National Assembly shall begin on the first meeting of the Assembly summoned under article 107 and, unless sooner dissolved under clause (2)(b) article 110 or article 111, continue for a period of five years thereafter.
2. Dismissal of the legislature
   The National Assembly shall stand dissolved-
   1. subject to clause (3), on the day next following the end of the period of five years referred to in clause (1);
   2. 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
   3. in accordance with article 110 or article 111.
3. Extraordinary legislative sessions, Emergency provisions
   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-
   1. 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;
   2. 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.

107

108

109

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 that it is in the national interest to dissolve the Assembly once again, the President may, after giving to the Speaker-
   1. seven days' notice of the intention to dissolve the Assembly; and
   2. 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. Referenda
   Where-
   1. the National Assembly votes against any measure proposal of the Government and on a referendum a majority of the cast in the referendum supports the measure or proposal and Assembly, after the referendum, again votes against the measure proposal,
   2. 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. Emergency provisions
   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

119

1. Structure of the courts
   The judicial power of Seychelles shall be vested in the Judiciary which shall consist of -
   1. the Court of Appeal of Seychelles;
   2. the Supreme Court of Seychelles; and
   3. such other subordinate courts or tribunals established pursuant to article 137.
2. Judicial independence
   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).

120

1. Supreme court powers
   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. Right to appeal judicial decisions
   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. Constitutional interpretation
   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. Constitutional interpretation
   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.

121

122

123

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-
   1. until a person has been appointed to and has assumed the functions of that office; or
   2. 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-
   1. the office of a Justice of Appeal is vacant;
   2. a Justice of Appeal is for any reason unable to perform the functions of that office;
   3. a Justice of Appeal is performing the functions of the President of the Court of Appeal under clause (1)
   4. until a person has been appointed to and has assumed the functions of the office of Justice of Appeal;
   5. until the person holding the office of Justice of Appeal has resumed the functions of that office; or
   6. until 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.

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

125

1. There shall be a Supreme Court which shall, in addition to the jurisdiction and powers conferred by this Constitution, have-
   1. Constitutional interpretation
      original jurisdiction in matters relating to the application, contravention, enforcement or interpretation of this Constitution;
   2. original jurisdiction in civil and criminal matters;
   3. 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 jurisdiction; and
   4. 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. Number of supreme court judges
   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. Number of supreme court judges
   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-
   1. the person has been entitled to practice before a court of unlimited original jurisdiction for not less than seven years; and
   2. in the opinion of the Constitutional Appointments Authority the person has shown outstanding 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-
   1. the person has been entitled to practice before a court of unlimited jurisdiction for not less than five years; and
   2. 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

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-
   1. until a person has been appointed to and has assumed the functions of that office; or
   2. until the person holding that office has resumed the functions of that office,

   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-
   1. the office of a Judge is vacant;
   2. a Judge is for any reason unable to perform the functions of the office of a judge; or
   3. 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-

   1. until a person has been appointed and has assumed the functions of that office;
   2. until the person holding that office has assumed the functions of that office; or
   3. 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)

129

1. The jurisdiction and 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.
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-
   1. declare any act or omission which is the subject of the application to be a contravention of this Constitution;
   2. Constitutionality of legislation
      declare any law or the provision of any law which contravenes this Constitution to be void;
   3. 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 to it under article 51(3) or article 82 (1) otherwise than upon an application made in accordance with article 51 or article 82.

131

1. Subject to article 134, a person holding office of Justice of Appeal or Judge shall vacate that office-
   1. on death;
   2. if the person is removed from office under article 134;
   3. subject to clause(2), if the person resigns in writing addressed to the President and to the Constitutional Appointments Authority.
   4. Mandatory retirement age for judges
      in the case of a person who is a citizen of Seychelles, on attaining the age of seventy years;
   5. 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;
   6. 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.
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, gratuity and pension 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. Protection of judges' salaries
   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-
   1. 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
   2. 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-
   1. 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
   2. 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-
   1. may, on the advice of the Constitutional Appointments Authority, be revoked at any time by the President;
   2. 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.

135

136

1. The President of the Court of Appeal may make Rules of the Court of Appeal.
2. The Chief Justice may make Rules of Court of the Supreme Court.

137

138

Granitic Islands

Coralline Islands

INNER ISLANDS

OUTER ISLANDS

1

2

1. Except where it is otherwise inconsistent with this Constitution and subject to subparagraph (2), an existing law shall continue in force on and after the date of coming into force of this Constitution.
2. The Termination of Pregnancy Act, 1981 shall unless sooner repealed, cease to have effect twelve months after the date of coming into force of this Constitution.
3. Where any matter that falls to be prescribed or otherwise provided for under or for the purposes of this Constitution by or under a written law is prescribed or provided for by or under an existing law, the prescription or provision has, as from the date of coming into force of this Constitution, effect as if it has been prescribed or provided for under or for the purposes of this Constitution by or under a written law enacted pursuant to this Constitution.
4. The President may, by order made at any time before 31st December, 1995, make such amendments to any existing law as may appear to the President to be necessary or expedient for bringing that law into conformity with this Constitution or otherwise for giving effect or enabling effect to be given to this Constitution.
5. The State shall, within twelve months of the coming into force of this Constitution, bring the Seychelles Broadcasting Corporation Act, 1992 into conformity with article 168(6) An existing law which prescribes any matter required to be prescribed under article 3 or any law enacted for this purpose shall reflect national unity and the spirit of the Preamble of this Constitution.

3

1. Any court or tribunal existing immediately before the date of coming into force of this Constitution shall be deemed to be the corresponding court or tribunal established under this Constitution.
2. Proceedings that, immediately before the date of coming into force of this Constitution, are pending before any court or tribunal, may be continued and concluded on and after the date of coming into force of this Constitution before the corresponding court or tribunal established by or under this Constitution or any written law made thereunder.
3. A decision given before the date of coming into force of this Constitution shall, for the purpose of an appeal from the decision or of its execution, have effect on and after the date of coming into force of this Constitution as if it were a decision of the corresponding court or tribunal established by or under this Constitution.

4

1. With effect from the date of coming into force of this Constitution up to immediately before the assumption of office of President under this Constitution the person who performed the functions of the office of President under the existing Constitution shall, so fare as is consistent with this Constitution, perform the functions of the office of President under this Constitution as if the person had been elected under or in accordance with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.
2. With effect from the date of the coming into force of this Constitution up to immediately before the assumption of office of a Minister under this Constitution the person who performed the functions corresponding to that of the Minister under the existing Constitution shall, so far as is consistent with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.

5

6

1. Subject to this paragraph and so far as it is not inconsistent with this Constitution, a person who immediately before the date of the coming into force of this Constitution was performing the functions of-
   1. an office established by or under the existing Constitution, not being an office referred to in paragraph 4 or paragraph 5, and this Constitution establishes a similar or equivalent office;
   2. any other office, not being an office referred to in paragraph 4 or paragraph 5, established by or under any written law or in the services of the Government,

   shall continue to perform the functions of the office, after the date of coming into force of this Constitution, under this Constitution, existing law continued under paragraph 2 or the Government, as the case may be, and shall be deemed to have taken the oath of allegiance or any other necessary oath under this Constitution or existing law continued under paragraph 2.

2. A person who, under the existing Constitution or an existing law, would have been required to vacate the person's office at the expiration of a specified period or on the attainment of a special age shall vacate the office at the expiration of the specified period or upon attainment of the specified age.

7

8

1. The Director of Elections shall, by notice in the Gazette, appoint the date or dates which shall be or, as the case may be, the first of which shall be, not later than five weeks after the date of coming into force of this Constitution, on which the first Presidential election and the first Assembly election shall be held.
2. Subject to subparagraph (3), the Director of Elections may appoint different dates for the holding of the first Presidential election and the first Assembly election, and for the holding of the first Presidential election and the first Assembly election in different electoral areas.
3. The first Presidential election and the first Assembly election shall be held simultaneously and, to this end, the two elections shall begin on the same day.

9

1. For the purposes of the first Presidential election and the first Assembly election any matter other than a matter provided for in this Schedule, which may be prescribed or provided for by or under an Act may be prescribed or provided for by the Regulations.
2. Subject to this Schedule, the Director of Elections may make regulations with respect to the holding and conduct of the first Presidential election and the first Assembly election.

10

1. For the purposes of the first Presidential election and the first Assembly election-
   1. paragraphs 6 and 7 of Schedule 1 of the Constitution Act shall apply with respect to the qualification for registration as a voter, and the qualification to vote, at the elections;
   2. Seychelles shall consist of twenty-two electoral areas made up of nineteen electoral areas on Mahe, two electoral areas on Praslin and the islands of La Digue, Félicité, Marianne, Grande Soeur, Petite Soeur, Ile aux Cocos, Ile la Fouche, Sihouette, Mamelles, Ile du Nord, Frégate, Denis, Ile aux Vaches (Bird Island) and L'Ilot (Frégate) shall constitute one electoral area;
   3. the boundaries of the electoral areas on Mahe and Praslin shall be those of the electoral areas which existed on Mahe and Praslin immediately prior to the coming into force of this Constitution;
   4. a person who at the time of the amendment of the registers of voters under subsubparagraph (f) is residing on an Outer Island, as listed in Part II of Schedule 1 of this Constitution, shall be treated as residing in the electoral area in which the person resided prior to residing on the Outer Island;
   5. a person who at the time of the election is residing on an Outer Island, as listed in Part II
   6. of Schedule 1 of this Constitution, shall vote in the electoral area in which the person is registered.
   7. each register of voters prepared under Schedule 4 of the Constitution Ach shall, subject to any amendment for the purposes of subsubparagraph (a) or subsubparagraph (b) or for any other purpose made thereto pursuant to this Part and the Regulations, be the register of voters.
2. Schedule 3 of this Constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary, apply for the purpose of the first Presidential election.
3. There shall be twenty-two directly elected members being one elected member for each electoral area, and eleven proportionately elected members of the first National Assembly.
4. Schedule 4 of this Constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary apply for the purpose of nominating the eleven proportionately elected members of the first National Assembly.

11

1. The Director of Elections shall supervise and shall have general responsibility for the conduct of the first Presidential election and the first Assembly election.
2. The Director of Elections shall, for the purpose of conducting the first Presidential election and the first Assembly election, appoint a Chief Registration Officer and Chief Electoral Officer and such member of Registration Officers, Electoral Officers, Assistant Registration Officers and Assistant Electoral Officers as the Director thinks fit.
3. A person appointed pursuant to subparagraph (2) shall have such powers, and shall comply with such requirements, as may be prescribed in the Regulations.
4. In the exercise of the functions of the Director of Elections under this paragraph or the Regulations, the Director of Elections shall not be subject to the direction or control of any person or authority.
5. The Director of Elections shall discharge the functions of the Electoral Commissioner in respect of the matters which may be prescribed by an Act made under article 118 and may, for this purpose make regulations in respect thereof for the purposes of the first Presidential election and first Assembly election.

12

13

14

1. The State undertakes to continue to consider all applications made during the period of twelve months from the date of coming into force of this Constitution by a person whose land was compulsorily acquired under the Lands Acquisition Act, 1977 during the period starting June, 1977 and ending on the date of coming into force of this Constitution and to negotiate in good faith with the person with a view to-
   1. where on the date of the receipt of the application the land has not been developed or there is no Government plan to develop it, transferring back the land to the person;
   2. where there is a Government plan to develop the land and the person from whom the land was acquired satisfies the Government that the person will implement the plan or a similar plan, transferring the land back to the person;
   3. where the land cannot be transferred back under subsubparagraphs(a) or subsubparagraph (b)
      1. as full compensation for the land acquired, transferring to the person another parcel of land of corresponding value to the land acquired;
      2. paying the person full monetary compensation for the land acquired; or
      3. as full compensation for the land acquired, devising a scheme of compensation combining items (i) and (ii) up to the value of the land acquired.
2. For the purpose of subparagraph (1), the value of the land acquired shall be the market value of the land at the time of coming into force of this Constitution or such other value as may be agreed to between the Government and the person whose land has been acquired.
3. No interest on compensation paid under this paragraph shall be due in respect of the land acquired but Government may, in special circumstances, pay such interest as it thinks just in the circumstances.
4. Where the person eligible to make an application or to receive compensation under this paragraph is dead, the application may be made or the compensation may be paid to the legal representative of that person.

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