CONSOLIDATED TO 16 OCTOBER 2016 LAWS OF SEYCHELLES CHAPTER 42 CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [21st June, 1993] SI. 38 of 1993 Act 7 of 1994 Act 5 of 1995 Act 19 of 1995 Act 14 of 1996 SI. 63 of 1996 SI. 6 of 1998 Act 7 of 2000 SI. 31 of 2000 Act 7 of 2011 Act 4 of 2016 SI. 69 of 2016 _________________________________ ARRANGEMENT OF ARTICLES CONSTITUTION OF THE REPUBLIC OF SEYCHELLES PREAMBLE CHAPTER I - THE REPUBLIC Declaration of Authority National territory National symbols National languages Constitution is supreme law Principles of interpretation CHAPTER II - CITIZENSHIP Persons continuing to be citizen Persons born in Seychelles Limitation on operation of article 8 Persons born outside Seychelles before Independence Day Persons born outside Seychelles after Independence Day but before 5th June 1979 Persons born outside Seychelles after this Constitution Marriage to citizen of Seychelles Acquisition of citizenship, etc Interpretation of Chapter II CHAPTER III PART I - SEYCHELLOIS CHARTER OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS Right to life Right to dignity Freedom from slavery and forced or compulsory labour Right to liberty Right to a fair and public hearing Right to privacy Freedom of conscience Freedom of expression Right of assembly and association Right to participate in Government Freedom of movement Right to property Right to equal protection of the law Right of access to official information Right to health care Right of working mothers Right of minors Protection of families Right to Education Right to shelter Right to work Right of the aged and the disabled Right to social security Right to safe environment Right to cultural life and values PART II - FUNDAMENTAL DUTIES Fundamental duties PART III - STATE OF EMERGENCY AND SAVINGS Declaration of state of emergency Provisions where National Assembly is not sitting or in session Restrictions of rights and freedoms during a period of public emergency Savings in relation to disciplinary force PART IV - REMEDIES Abuse of right or freedom Remedies for infringement of the Charter PART V - PRINCIPLES OF INTERPRETATION Scope of exceptions Consistency with international obligations of Seychelles Interpretation CHAPTER IV - THE PRESIDENT President of Seychelles Qualification for election as President and election Tenure of office of President Appealing for fresh mandate Removal of the President for incapacity Removal of President for violation of Constitution or gross misconduct Vacancy in the office of President Discharge of functions of President during temporary absence from office Oath of President Salary and allowances for President Protection of President in respect of legal proceedings during office Power of pardon Advisory committee Establishment and abolition of and appointment to offices Appointments subject to approval of National Assembly Diplomatic representative and execution of treaties Presidential message CHAPTER V - THE EXECUTIVE Executive authority of the Republic Vice-President Cabinet Functions of the Cabinet Ministers Functions of Ministers Collective responsibility of Cabinet Term of office of Ministers Resignation and removal of Ministers Vote of censure Designated Minister Attorney-General CHAPTER VI - LEGISLATURE PART I - NATIONAL ASSEMBLY National Assembly Composition of National Assembly General election and by-election Qualification for membership to the National Assembly Vacation of seats Determination of question as to membership Speaker and Deputy Speaker Leader of the Opposition PART II - LEGISLATIVE POWER AND ITS EXERCISE Vesting of legislative power Exercise of legislative power Referral of Bills to Constitutional Court by President Withholding of assent by President Subsidiary legislation Restriction on certain measures PART III - ALTERATION OF THE CONSTITUTION Alteration of the Constitution PART IV - PROCEDURES IN THE NATIONAL ASSEMBLY President may address National Aassembly Attendance of Ministers at meetings of the National Assembly Right to introduce Bills Quorum of the National Assembly Voting Meeting of the Assembly open to the public President of meetings of the National Assembly Oath to be taken by members Validity of proceedings Standing Orders Privileges and immunities Service of process Committees Salary of members PART V - SESSIONS AND DISSOLUTION OF THE NATIONAL ASSEMBLY Session and dissolution of Assembly First meeting of National Assembly Place and time of meetings President may summon meetings Dissolution of Assembly by President Dissolution of Assembly by Assembly CHAPTER VII - ELECTORAL AREAS, FRANCHISE AND ELECTORAL COMMISSION Electoral areas Right to vote Qualification for registration as a voter Electoral Commission Members of the Commission Qualification of Member Tenure of Office Functions of Electoral Commission Control of funds in relation to election and referendum Registration of political parties and control of funds CHAPTER VIII - JUDICIARY PART I - GENERAL Judicial power of Seychelles PART II - COURT OF APPEAL Establishment and jurisdiction of Court of Appeal Composition of Court of Appeal Qualification of Justices of Appeal Appointment of Justices of Appeal Acting appointment of Justices of Appeal PART III - SUPREME COURT Establishment and jurisdiction of Supreme Court Qualification of Judges and Masters Appointment of Judges and Masters Acting appointment of Judges PART IV - CONSTITUTIONAL QUESTIONS Supreme Court as Constitutional Court Constitutional questions before Constitutional Court PART V - TERMS OF APPOINTMENT OF JUSTICES OF APPEAL AND JUDGES Tenure of office of Justices of Appeal and Judges Miscellaneous provisions with respect to tenure Salary etc. of Justices of Appeal and Judges Removal of Justice of Appeal or Judge from office PART VI - MISCELLANEOUS Oaths to be taken by Justices of Appeal, Judges and Masters of Supreme Court Rules of Court Other courts Seal of Court CHAPTER IX - CONSTITUTIONAL APPOINTMENTS AUTHORITY Establishment of Constitutional Appointments Authority Composition of Constitutional Appointments Authority Qualification for membership Tenure of office etc. CHAPTER X - OMBUDSMAN Ombudsman Tenure of office of Ombudsman CHAPTER XI - PUBLIC SERVICE APPEAL BOARD Establishment of the Public Service Appeal Board Functions of the Public Service Appeal Board Investigative power Composition of Public Service Appeal Board Qualification for membership Tenure of office etc. CHAPTER XII - FINANCE Consolidated Fund Withdrawal from Consolidated Fund Public debt Appropriation Act and statement of account Authorisation of expenditure in advance of appropriation Contingencies Fund and other funds Imposition of taxation Auditor-General CHAPTER XIII - THE POLICE FORCE Establishment of Police Force Commissioner of Police Functions of Police Force CHAPTER XIV - DEFENCE FORCES Establishment of Defence Forces Functions of Defence Forces CHAPTER XV - MISCELLANEOUS Referendum Removal of certain officers Removal of Commissioners Local Administration Independent State-owned broadcasting media Oath of allegiance CHAPTER XVI - TRANSITIONAL PROVISIONS Schedule 7 SCHEDULE 1 PART I - ISLANDS OF THE SEYCHELLES ARCHIPELAGO PART II - INNER AND OUTER ISLANDS SCHEDULE 2 – PRINCIPLES OF INTERPRETATION Interpretation Number Functions of President, etc. Persons in receipt of pension Provision where no time is prescribed Attainment of age Exercise and performance of powers and duties General principles of interpretation Repeal, etc. SCHEDULE 3 – ELECTION OF PRESIDENT Method of election Nomination Withdrawal of candidature Time of Presidential election Minimum percentage of votes for election of President Sole Presidential candidate Withdrawal or death of candidates Second or subsequent ballot Certificate of election SCHEDULE 4 - LEGISLATURE - PROPORTIONATELY ELECTED MEMBERS Interpretation Nomination by political parties Electoral Commission to determine entitlement to nominate members Procedure for nomination SCHEDULE 5 - OMBUDSMAN Functions of Ombudsman Excluded matters Investigative power of Ombudsman Privileged information Investigation Report Miscellaneous provisions relating to Ombudsman SCHEDULE 6 - OATHS SCHEDULE 7 - TRANSITIONAL PART I - EXISTING OFFICERS AND OFFICES PART II - FIRST ELECTIONS AND FIRST SITTING OF THE NATIONAL ASSEMBLY PART III - COMPENSATION FOR PAST LAND ACQUISITIONS Subsidiary Legislation: Constitution (Use of Official Languages) Regulations Citation English French Subsidiary Legislation: Article 136: Supreme Court (Interception of Correspondence or Other Means of Communication) Rules Citation Application to judge in Chambers Form of application Person making the application Contents of affidavit Order of Judge Authority of the warrant Offences Form of warrant Subsidiary Legislation: Articles 46, 129, 130 and 136: Constitutional Court (Application, Contravention, Enforcement or Interpretation of the Constitution) Rules Citation Practice and Procedure of the Constitutional Court Application for contravention etc. of the Constitution Time for making application Particulars of a Constitutional petition Failure to comply with the Rules Fees and costs Registrar to issue notice Preliminary objection Reference by court of law or tribunal Consolidation Proceedings to take precedence Appeal procedure Subsidiary Legislation: Article 136(2): Supreme Court (Supervisory Jurisdiction over Subordinate Courts, Tribunals and Adjudicating Authorities) Rules, 1995 Citation and application of Rules Application by petition Particulars of petition Limitation of period Registration and listing