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2010 Ed] Constitution of the Republic of Seychelles [Cap 167

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2010 Ed] Constitution of the Republic of Seychelles [Cap 167 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [21st June, 1993] S.I.38 of 1993. ARRANGEMENT OF ARTICLES *Act 7 of 1994. *Act 5 of 1995 *Act 19 of 1995 PREAMBLE *Act 14 of 1996. S.I. 11 of 1998. *Act 7 of 2000. CHAPTER I S.I. 31 of 2000. S.I. 22 of 2001. THE REPUBLIC S.I. 32 of 2002. ARTICLES Act 7 of 2011 1. Declaration of Republic 2. National territory 3. National symbols 4. National languages 5. Constitution is supreme law 6. Principles of interpretation CHAPTER II CITIZENSHIP 7. Persons continuing to be citizens 8. Persons born in Seychelles 9. Limitation on operation of article 8 10. Persons born outside Seychelles before Independence Day 11. Persons born outside Seychelles after this Constitution comes into force 12. Marriage to citizen of Seychelles 13. Acquisition of citizenship, etc. 14. Interpretation of Chapter II CHAPTER III PART I SEYCHELLOIS CHARTER OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS ARTICLES 15. Right to life 16. Right to dignity *First Amendment - Act 7 of 1994 14th July 1994 Third Amendment - Act 19 of 1995 20th November 1995 Second Amendment - Act 5 of 1995 27th March 1995 Fourth Amendment - Act 14 of 1996 14th August 1996 Fifth Amendment - Act 7 of 2000 26th June 2000 Sixth Amendment - Act 7 of 2011 12th July 2011 1 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 17. Freedom from slavery and forced or compulsory labour 18. Right to liberty 19. Right to fair and public hearing 20. Right to privacy 21. Freedom of conscience 22. Freedom of expression 23. Right of assembly and association 24. Right to participate in Government 25. Freedom of movement 26. Right to property 27. Right to equal protection of the law 28. Right of access to official information 29. Right to health care 30. Right of working mothers 31. Right of minors 32. Protection of families 33. Right to education 34. Right to shelter 35. Right to work 36. Right of the aged and the disabled 37. Right to social security 38. Right to safe environment 39. Right to cultural life and values 2 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 PART II ARTICLES 40. Fundamental duties PART III STATE OF EMERGENCY AND SAVINGS 41. Declaration of state of emergency 42. Provisions where National Assembly is not sitting or in session 43. Restrictions of rights and freedoms during a state of public emergency 44. Savings in relation to disciplinary force PART IV REMEDIES 45. Abuse of right or freedom 46. Remedies for infringement of the Charter PART V PRINCIPLES OF INTERPRETATION 47. Scope of exceptions 48. Consistency with international obligations of Seychelles 49. Interpretation CHAPTER IV THE PRESIDENT 50. President of Seychelles 51. Qualification for election as President and election 52. Tenure of office of President 52A. Appealing for fresh mandate 53. Removal of the President for incapacity 3 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 ARTICLES 54. Removal of President for violation of Constitution or gross misconduct 55. Vacancy in the office of President 56. Discharge of functions of President during temporary absence from office. 57. Oath of President 58. Salary and allowances for President 59. Protection of President in respect of legal proceedings during office 60. Power of pardon 61. Advisory committee 62. Establishment and abolition of and appointment to offices 63. Appointments subject to approval of National Assembly 64. Diplomatic representation and execution of treaties 65. Presidential message CHAPTER V THE EXECUTIVE 66. Executive authority of the Republic 66A. Vice-President 67. Cabinet 68. Functions of the Cabinet 69. Ministers 70. Functions of Ministers 71. Collective responsibility of Cabinet 72. Term of office of Ministers 73. Resignation and removal of Ministers 74. Vote of censure 75. Designated Minister 76. Attorney-General 4 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 CHAPTER VI LEGISLATURE PART I NATIONAL ASSEMBLY ARTICLES 77. National Assembly 78. Composition of National Assembly 79. General election and by-election 80. Qualifications for membership to the National Assembly 81. Vacation of seats 82. Determination of question as to membership 83. Speaker and Deputy Speaker 84. Leader of the Opposition PART II LEGISLATIVE POWER AND ITS EXERCISE 85. Vesting of legislative power 86. Exercise of legislative power 87. Referral of Bills to Constitutional Court by President 88. Withholding of assent by President 89. Subsidiary legislation 90. Restriction of certain measures PART III 91. Alteration of the Constitution. 5 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 PART IV PROCEDURES IN THE NATIONAL ASSEMBLY ARTICLES 92. President may address National Assembly 93. Attendance of Ministers at meetings of the National Assembly 94. Right to introduce Bills 95. Quorum of the National Assembly 96. Voting 98. President of meetings of the National Assembly 99. Oath to be taken by members 100. Validity of proceedings 101. Standing Orders 102. Privileges and immunities 103. Service of process 104. Committees 105. Salary of members PART V SESSIONS AND DISSOLUTION OF THE NATIONAL ASSEMBLY 106. Session and dissolution of Assembly 107. First meeting of National Assembly 108. Place and time of meetings. 109. President may summon meetings 110. Dissolution of Assembly by President 111. Dissolution of Assembly by Assembly 6 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 CHAPTER VII ELECTORAL AREAS, FRANCHISE AND ELECTORAL COMMISSIONER 112. Electoral areas 113. Right to vote ARTICLES 114. Qualification for registration as a voter 115. Electoral Commissioner 116. Functions of Electoral Commissioner 117. Control of funds in relation to election and referendum 118. Registration of political parties and control of funds CHAPTER VIII JUDICIARY PART I GENERAL 119. Judicial power of Seychelles PART II COURT OF APPEAL 120. Establishment and jurisdiction of Court of Appeal 121. Composition of Court of Appeal 122. Qualification of Justices of Appeal 123. Appointment of Justices of Appeal 124. Acting appointment of Justices of Appeal 7 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 PART III SUPREME COURT 125. Establishment and jurisdiction of Supreme Court 126. Qualification of Judges and Masters 127. Appointment of Judges and Masters 128. Acting appointment of Judges PART IV CONSTITUTIONAL QUESTIONS ARTICLES 129. Supreme Court as Constitutional Court 130. Constitutional questions before Constitutional Court PART V 131. Tenure of office of Justices of Appeal and Judges 132. Miscellaneous provisions with respect to tenure 133. Salary etc. of Justices of Appeal and Judges 134. Removal of Justice of Appeal or Judge from office PART VI MISCELLANEOUS 135. Oaths to be taken by Justices of Appeal, Judges and Masters of Supreme Court. 136. Rules of Court 137. Other courts 138. Seal of Court CHAPTER IX CONSTITUTIONAL APPOINTMENTS AUTHORITY 139. Establishment of Constitutional Appointments Authority. 140. Composition of Constitutional Appointments Authority. 141. Qualification for membership 142. Tenure of office etc. 8 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 CHAPTER X OMBUDSMAN ARTICLES 143. Ombudsman 144. Tenure of office of Ombudsman CHAPTER XI PUBLIC SERVICE APPEAL BOARD 145. Establishment of the Public Service Appeal Board 146. Functions of the Public Service Appeal Board 147. Investigate Power 148. Composition of Public Service Appeal Board 149. Qualification for membership 150. Tenure of office etc. CHAPTER XII FINANCE 151. Consolidated Fund 152. Withdrawal from Consolidated Fund 153. Public Debt 154. Appropriation Act and statement of account 155. Authorisation of expenditure in advance of appropriation 156. Contingencies Fund and other funds. 157. Imposition of taxation 158. Auditor-General CHAPTER XIII THE POLICE FORCE 159. Establishment of Police Force 160. Commissioner of Police 9 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 ARTICLES 161. Functions of Police Force CHAPTER XIV DEFENCE FORCES 162. Establishment of Defence Forces 163. Functions of Defence Forces CHAPTER XV MISCELLANEOUS 164. Referendum 165. Removal of certain officers 166. Removal of Commissioners 167. Local Administration 168. Independent State-owned broadcasting media 169. Oath of allegiance CHAPTER XVI TRANSITIONAL PROVISIONS 170. Schedule 7 Schedule 1 Islands of the Seychelles Archipelago Schedule 2 Principles of Interpretation Schedule 3 Election of President Schedule 4 Legislature- proportionately elected members Schedule 5 Ombudsman Schedule 6 Oaths Schedule 7 Transitional: Part I - Existing Officers and Offices Part II - First Elections and First Sitting of the National Assembly. Part III- Compensation for Past Land Acquisitions Part IV- Transitional (Fourth Amendment) 10 2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167 CONSTITUTION OF THE REPUBLIC OF SEYCHELLES PREAMBLE We, the People of Seychelles, GRATEFUL to Almighty God that we inhabit one of the most beautiful countries in the world; EVER MINDFUL of the uniqueness and fragility of Seychelles; CONSCIOUS of our colonial history before becoming an Independent Republic; AWARE and PROUD that as descendants of different races we have learnt to live together as one Nation under God and can serve as an example for a harmonious multi-racial society; HAVING attained national stability and political maturity despite the pressures of a sadly divided world; DESIROUS to build a just, fraternal and humane society in a spirit of friendship
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