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constituteproject.org

Seychelles's Constitution of
1993 with Amendments
through 2011

This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
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Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CHAPTER I: THE REPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER II: CITIZENSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART I: SEYCHELLOIS CHARTER OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS . . . . 7
PART II: FUNDAMENTAL DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART III: STATE OF EMERGENCY AND SAVINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART IV: REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART V: PRINCIPLES OF INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

CHAPTER IV: THE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

CHAPTER V: THE EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER VI: LEGISLATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART I: NATIONAL ASSEMBLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART II: LEGISLATIVE POWER AND ITS EXERCISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART III: ALTERATION OF THE CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART IV: PROCEDURES IN THE NATIONAL ASSEMBLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART V: SESSIONS AND DISSOLUTION OF THE NATIONAL ASSEMBLY . . . . . . . . . . . . . . . . 46

CHAPTER VII: ELECTORAL AREAS, FRANCHISE AND ELECTORAL

COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
CHAPTER VIII: JUDICIARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART I: GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART II: COURT OF APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART III: SUPREME COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART IV: CONSTITUTIONAL QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART V: TERMS OF APPOINTMENT OF JUSTICES OF APPEAL AND JUDGES . . . . . . . . . . . . . 56
PART VI: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

CHAPTER IX: CONSTITUTIONAL APPOINTMENTS AUTHORITY . . . . . . . . . . . 58

CHAPTER X: OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
CHAPTER XI: PUBLIC SERVICE APPEAL BOARD . . . . . . . . . . . . . . . . . . . . . . . 61
CHAPTER XII: FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
CHAPTER XIII: THE POLICE FORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
CHAPTER XIV: DEFENCE FORCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
CHAPTER XV: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
CHAPTER XVI: TRANSITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . 70
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

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PART I: ISLANDS OF THE SEYCHELLES ARCHIPELAGO . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

PART II: INNER AND OUTER ISLANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

SCHEDULE 2: PRINCIPLES OF INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . 79

SCHEDULE 3: ELECTION OF PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
SCHEDULE 4: LEGISLATURE: PROPORTIONATELY ELECTED MEMBERS . . . . . 84
SCHEDULE 5: OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
SCHEDULE 6: OATHS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
SCHEDULE 7: TRANSITIONAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
PART I: EXISTING OFFICERS AND OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
PART II: FIRST ELECTIONS AND FIRST SITTINGS OF THE NATIONAL ASSEMBLY . . . . . . . . . 92
PART III: COMPENSATION FOR PAST LAND ACQUISITIONS . . . . . . . . . . . . . . . . . . . . . . . . 94
PART IV: TRANSITIONAL PROVISIONS UNDER THE FOURTH AMENDMENT . . . . . . . . . . . . 94

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• Preamble Preamble
• Source of constitutional authority We, the People of Seychelles,
• God or other deities 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;
• Reference to country's history CONSCIOUS of our colonial history before becoming an Independent Republic;
• God or other deities AWARE and PROUD that as descendants of different races we have learnt to live
• Reference to country's history
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;
• Motives for writing constitution DESIROUS to build a just, fraternal and humane society in a spirit of friendship and
• Reference to fraternity/solidarity
co-operation with all peoples of the world;
• Human dignity RECOGNISING the inherent dignity and the equal and inalienable rights of members
• Inalienable rights
of the human family as the foundation for freedom, justice, welfare, fraternity, peace
and unity;
REAFFIRMING that these rights include the rights of the individual to life, liberty
and the pursuit of happiness free from all types of discrimination;
CONSIDERING that these rights are most effectively maintained and protected in a
democratic society where all powers of Government spring from the will of the
people;'
• Inalienable rights EXERCISING our natural and inalienable right to a framework of Government which
shall secure for ourselves and posterity the blessings of truth, liberty, fraternity,
equality of opportunity, justice, peace, stability and prosperity;
• God or other deities INVOKING the blessings of Almighty God;
• Binding effect of const rights SOLEMNLY DECLARING our unswaying commitment, during this our Third
Republic, to
• maintain Seychelles as an independent State both politically and
economically;
• safeguard its sovereignty and territorial integrity;
• uphold the rule of law based on the recognition of the fundamental human
rights and freedoms enshrined in this Constitution and on respect for the
equality and dignity of human beings;
• Human dignity • develop a democratic system which will ensure the creation of an adequate
and progressive social order guaranteeing food, clothing, shelter,
education, health and a steadily rising standard of living for all Seychellois;
• Right to reasonable standard of living • participate actively in the sustainable economic and social development of
our society;
• exercise our individual rights and freedoms with due regard to the rights
and freedoms of others and the common interest;
• Protection of environment • help preserve a safe, healthy and functioning environment for ourselves
and for posterity;
• Source of constitutional authority HEREBY adopt and confer upon ourselves this Constitution as the fundamental and
supreme law of our Sovereign and Democratic Republic.

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CHAPTER I: THE REPUBLIC

• Type of government envisioned 1. Seychelles is a sovereign democratic Republic.
2. 1. The territory of Seychelles shall consist of-
 
a. the islands of the Seychelles Archipelago, as set out in Part 1 of Schedule 1;
 
b. the territorial waters and historic waters of Seychelles and the seabed and
subsoil under lying those waters;
 
c. the airspace above those islands and those waters; and
 
d. Such additional areas as may be declared by law to be part of the territory
of Seychelles.
2. Notwithstanding clause (1), a law may proclaim complete or partial or partial
jurisdiction of the Republic over any other area of land, water or airspace.
3. An Act shall declare the limit of the territorial waters and historic waters of
Seychelles and may prescribe the limit of the airspace referred to in clause (1)(c).
• National anthem 3. There shall be a Public Seal, a National Flag, a National Anthem, a National
• National flag
• National motto Emblem and a National Motto, each of which shall be as prescribed by an Act.
• Official or national languages 4. 1. The National languages of Seychelles shall be Creole, English and French
2. Notwithstanding clause (1), a person may use any of the national languages for
any purpose but a law may provide for the use of any one or more of the national
languages for any specific purpose.
5. This Constitution is the supreme law of Seychelles and any law found to be
inconsistent with this Constitution is, to the extent of the inconsistency, void.
6. Schedule 2 shall apply for and with respect to the interpretation of the
Constitution.

CHAPTER II: CITIZENSHIP

• Requirements for birthright citizenship 7. A person who, immediately before the coming into force of this Constitution,
was a citizen of Seychelles by birth, descent, naturalization or registration shall,
on and after that date, continue by virtue of this article to be a citizen of
Seychelles by birth, descent, naturalization or registration, as the case may be.
• Requirements for birthright citizenship 8. Subject to article 9, a person born in Seychelles on or after the coming into force
of this Constitution, shall become a citizen of Seychelles at the date of birth.
• Requirements for birthright citizenship 9. 1. A person shall not become a citizen of Seychelles by virtue of article 8 if, at the
date of birth, neither of the person's parents is a citizen of Seychelles.
2. A person shall not become a citizen of Seychelles by virtue of article 8 if, at the
date of birth, --
 
a. either of the person's parents possesses such immunity from suit and legal
process as is accorded to an envoy of a foreign sovereign power accredited
to Seychelles; or

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b. either of the person's parents is a citizen of a country with which Seychelles
is at war and the birth occurs in a place then under occupation by that
country, and neither of the person's parents is a citizen of Seychelles.
• Requirements for naturalization 10. 1. This article shall apply to a person --
 
a. who would not, but for this article, be or become a citizen of Seychelles;
 
b. who was born outside Seychelles before Independence Day; and
 
c. any one of whose grand parents or parents was born in Seychelles.
2. Subject to any Act, a person to whom this article applies shall be eligible to
become a citizen of Seychelles by naturalization or registration.
• Requirements for naturalization 10A. A person born outside Seychelles on or after the Independence Day but before
the 5th June, 1979 whose mother was a Seychellois at the time of the person's
birth is eligible to become a citizen of Seychelles by naturalization or
registration.
• Requirements for birthright citizenship 11. A person born outside Seychelles on or after the coming into force of this
Constitution shall become a citizen of Seychelles at the date of birth if at that
date the person's father or mother is a citizen of Seychelles.
• Requirements for naturalization 12. 1. A person who, on or after the coming into force of this Constitution, marries
another person who is or becomes a citizen of Seychelles shall, subject to any
Act, be eligible to become a citizen of Seychelles by naturalization.
2. Clause (1) shall apply to a person who is not a citizen of Seychelles or eligible to
become a citizen of Seychelles under article 10 and who, on or after
Independence Day, and before the coming into force of this Constitution,
married another person who was or became, or who becomes, a citizen of
Seychelles, as it applies to a person such as is referred to in clause (1).
13. 1. Provision may be made by or under an Act --
 
• Requirements for naturalization a. for the acquisition of citizenship of Seychelles by any person who is not
eligible or who is no longer eligible to become a citizen of Seychelles under
this Chapter;
 
• Conditions for revoking citizenship b. for depriving any person of citizenship of Seychelles, if it was unlawfully
acquired;
 
• Right to renounce citizenship c. for the renunciation of citizenship of Seychelles by any person; and
 
d. for the maintenance of a register of citizens of Seychelles who are also
citizens of other countries.
2. A person who is a citizen of Seychelles may concurrently possess the citizenship
of another country and a law made for the purposes of clause (1) (a) shall not
require, as a condition for the acquisition of citizenship of Seychelles, that a
person renounces any other citizenship that the person may possess at the time.
14. 1. For the purposes of this Chapter-
 
a. a person born on a registered ship or aircraft shall be deemed to have been
born at the place where the ship or aircraft was registered; and

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b. a person born on an unregistered ship or aircraft belonging to the
government of a country shall be deemed to have been born in that
country.
2. Any reference in this Chapter to the national status of the father or mother of a
person at the time of the birth of that person shall, in relation to a person born
after the death of the father or mother, be construed as a reference to the
national status of the father or mother at the time of the father's or mother's
death; and accordingly, where that death occurred before the coming into force
of this Constitution, the national status that the father or mother would have
had if he or she had died on the coming into force of this Constitution shall be
deemed to be his or her national status at the time of his or her death.

CHAPTER III

PART I: SEYCHELLOIS CHARTER OF FUNDAMENTAL

HUMAN RIGHTS AND FREEDOMS
• Emergency provisions 15. 1. Everyone has a right to life and no one shall be deprived of life intentionally.
• Right to life
• Prohibition of capital punishment 2. 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-
 
a. by any act or omission which is made not punishable by any law reasonably
justifiable in a democratic society; or
 
b. as a result of a lawful act of war.
• Prohibition of cruel treatment 16. Every person has a right to be treated with dignity worthy of a human being and
• Human dignity
• Emergency provisions not to be subjected to torture, cruel, inhuman or degrading treatment or
• Prohibition of torture
punishment.
• Prohibition of slavery 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)-
 
a. the arrest or detention in execution of a sentence or other lawful order of a
court;
 
b. 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;
 
c. the arrest or detention to prevent the spread of infectious or contagious
diseases which constitute a serious threat to public health;

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d. 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.
 
• Power to deport citizens e. the arrest or detention for the purpose of preventing the unauthorized
• Extradition procedure
entry into Seychelles of a person, not being a citizen of Seychelles, or for the
purpose of deportation or extradition of that person;
 
f. 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.
• Emergency provisions 3. 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).
• Protection from unjustified restraint 5. 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. A person charged with an offence has a right to be tried within a reasonable
time.
• Right to pre-trial release 7. 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-
 
a. where the court is magistrates' court, the offence is one of treason or
murder;
 
b. the seriousness of the offence;
 
c. 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;
 
d. 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;
 
e. the suspect is serving a custodial sentence;
 
f. 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.

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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.
• Protection from false imprisonment 10. 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.
• Privileges for juveniles in criminal process 12. 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. 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.
• Right to fair trial 19. 1. Every person charged with an offence has the right, unless the charge is
• Right to speedy trial
withdrawn, to a fair hearing within a reasonable time by an independent and
impartial court established by law.
• Emergency provisions 2. Every person who is charged with an offence-
 
• Presumption of innocence in trials a. is innocent until the person is proved or has pleaded guilty;
 
b. 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;
 
c. shall be given adequate time and facilities to prepare a defence to the
charge;
 
• Right to counsel d. 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;
 
• Right to examine evidence/witnesses e. 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;
 
f. 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;
 
• Protection from self-incrimination g. shall not be compelled to testify at the trial or confess guilt;

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• Protection from self-incrimination h. 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
 
i. 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.
• Emergency provisions 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.
• Emergency provisions 4. Except for the offence of genocide or an offence against humanity, a person shall
• Protection from ex post facto laws
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.
• Prohibition of double jeopardy 5. A person who shows that the person has been tried by a competent court for an
• Emergency provisions
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.
• Emergency provisions 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. 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.
• Right to public trial 8. 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-
 
a. 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
 
b. may by law be empowered or required to do so in interests of defence,
public safety or public order.

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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-
 
a. 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;
 
b. 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;
 
c. 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;
 
d. 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.
• Right to appeal judicial decisions 11. Every person convicted of an offence shall be entitled to appeal in accordance
• Emergency provisions
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.
• Protection from false imprisonment 13. 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.
• Regulation of evidence collection 20. 1. Every person has a right not to be subjected-
• Right to privacy
 
a. 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;
 
b. 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-
 
a. 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;

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b. that is reasonably required for the purpose of protecting the rights or
freedoms of other persons;
 
c. 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
 
d. 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.
• Emergency provisions 21. 1. Every person has a right to freedom of conscience and for the purpose of this
• Freedom of religion
• Freedom of opinion/thought/conscience 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-
 
a. in the interests of defence, public safety, public order, public morality or
public health; or
 
b. 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.
• Official religion 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.
• Freedom of expression 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-
 
a. in the interest of defence, public safety, public order, public morality or
public health;

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• Right to protect one's reputation b. for protecting the reputation, rights and freedoms or private lives of
persons;
 
c. for preventing the disclosure of information received in confidence;
 
d. for maintaining the authority and independence of the courts or the
National Assembly. 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
 
• Television e. for the imposition of restrictions upon public officers.
• Freedom of assembly 23. 1. Every person has a right to freedom of peaceful assembly and association and
• Freedom of association
• Right to form political parties 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.
• Restrictions on political parties 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-
 
a. in the interests of defence, public safety, public order, public morality or
public health;
 
b. in respect of the registration of associations or political parties;
 
c. for the protection of the right and freedoms of other persons,
 
d. for imposition of restrictions-
 
i. on persons who are not citizens of Seychelles; or
 
ii. on public officers or members of the disciplinary forces.
• Claim of universal suffrage 24. 1. Subject to this Constitution, every citizen of Seychelles who has attained the
age of eighteen years has a right-
 
a. to take part in the conduct of public affairs either directly or through freely
chosen representatives;
 
• Secret ballot b. 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;
 
c. to be elected to public; office; and
 
d. 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.

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• Power to deport citizens 25. 1. Every person lawfully present in Seychelles has a right of freedom of
• Freedom of movement
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-
 
a. in the interests of defence, public safety, public order, public morality or
public health;
 
b. for protecting the rights and freedoms of other persons;
 
c. for the prevention of a crime or compliance with an order of a court;
 
d. for extradition of persons from Seychelles; or
 
e. for lawful removal of persons who are not citizens of Seychelles from
Seychelles.
4. 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.
• Right to own property 26. 1. Every person has a right to property and for the purpose of this article this
• Right to transfer property
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-
 
a. in the public interest;
 
b. for the enforcement of an order or judgment of a court in civil or criminal
proceedings;
 
c. in satisfaction of any penalty, tax, rate, duty or due;
 
d. in the case of property reasonably suspected of being acquired by the
proceeds of drug trafficking or serious crime;
 
e. in respect of animals found trespassing or straying;
 
f. in consequence of a law with respect to limitation of actions or acquisitive
prescription;
 
g. with respect to property of citizens of a country at war with Seychelles;

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h. 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
 
i. for vesting in the Republic of the ownership of underground water or
unextracted oil or minerals of any kind or description.
• Protection from expropriation 3. A law shall not provide for the compulsory acquisition or taking of possession of
any property by the State unless-
 
a. 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;
 
b. 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;
 
c. there is reasonable justification for causing any hardship that may result to
any person who has an interest in or over the property;
 
d. the State pays prompt and full compensation for the property;
 
e. 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.
• Protection from expropriation 4. 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).
• Emergency provisions 27. 1. Every person has a right to equal protection of the law including the
• General guarantee of equality
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 dis-advantaged persons or groups.
• Right to information 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-
 
a. for the protection of national security;

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b. for the prevention and detection of crime and the enforcement of law;
 
c. for the compliance with an order of a court or in accordance with a legal
privilege;
 
d. 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.
• Right to health care 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-
 
a. to take steps to provide for free primary health care in State institutions for
all its citizens.
 
b. to take appropriate measures to prevent, treat and control epidemic and
other diseases;
 
c. to take steps to reduce infant mortality and promote the healthy
development of the of the child;
 
d. to promote individual responsibility in health matters;
 
e. to allow, subject to such supervision and conditions as are necessary in a
democratic society, for the establishment of private medical services.
30. The State recognises the unique status and natural maternal functions of
women in society and undertakes as a result to take appropriate measures to
ensure that a working mother is afforded special protection with regard to paid
leave and her conditions at work during such reasonable period as provided by
law before and after childbirth.
• Rights of children 31. The State recognises the right of children and young persons to special
• State support for children
protection in view of their immaturity and vulnerability and to ensure effective
exercise of this right the State undertakes-
 
• Limits on employment of children a. to provide that the minimum age of admission to employment shall be
fifteen years, subject to exceptions for children who are employed
part-time in light work prescribed by law without harm to their health,
morals or education;
 
b. to provide for a higher minimum age of admission to employment with
respect to occupations prescribed by law which the State regards as
dangerous, unhealthy or likely to impair the normal development of a child
or young person;

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c. to ensure special protection against social and economic exploitation and
physical and moral dangers to which children and young persons are
exposed;
 
d. to ensure, save in exceptional and judicially recognized circumstances, that
a child of young age is not separated from his parents.
• Right to found a family 32. 1. 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. The State recognises the right of every citizen to education and with a view to
ensuring the effective realization of this right undertakes-
 
• Compulsory education a. to provide compulsory education, which shall be free in State schools, for
• Free education
such minimum period, which shall not be less than ten years, as may be
prescribed by law;
 
b. to ensure that the educational programmes in all schools are aimed at the
complete development of the person;
 
• Access to higher education c. to afford, on the basis of intellectual capability, every citizen equal access to
educational opportunities and facilities beyond the period of compulsory
education;
 
d. to allow, subject to such reasonable restrictions, supervision and conditions
as are necessary in a democratic society, any person, organization or
institution to establish and maintain a private school;
 
e. to respect the right of parents to choose whether to send their children to a
State or private school.
• Right to shelter 34. The State recognises the right of every citizen to adequate and decent shelter
conducive to health and well-being and undertakes either directly or through or
with the co-operation of public or private organizations to facilitate the
effective realization of this right.
• Right to work 35. The State recognises the right of every citizen to work and to just and
favourable conditions of work and with a view to ensuring the effective exercise
of these rights the State undertakes-
 
a. to take necessary measures to achieve and maintain a high and stable level
of employment, as is practicable, with a view to attaining full employment;
 
• Right to choose occupation b. subject to such restrictions as are necessary in a democratic society, to
protect effectively the right of a citizen to earn a dignified living in a freely
chosen occupation, profession or trade;
 
c. to promote vocational guidance and training;

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• Right to rest and leisure d. to make and enforce statutory provisions for safe, healthy and fair
• Right to equal pay for work
• Right to safe work environment conditions of work, including reasonable rest, leisure, paid holidays,
• Right to reasonable standard of living
remuneration which guarantees, as a minimum, dignified and decent living
conditions for the workers and their families, fair and equal wages for work
of equal value without distinction and stability of employment.
 
e. to promote machinery for voluntary negotiations between employers and
workers or their organizations with a view to the regulation of conditions of
employment by means of collective agreements;
 
f. to promote the establishment and use of appropriate machinery for
conciliation and voluntary arbitrations for the settlement of labour
disputes;
 
• Right to join trade unions g. subject to such restrictions as are necessary in a democratic society, and
• Right to strike
necessary for safeguarding public order, for the protection of health or
morals and the rights and freedoms of others, to ensure the right of
workers to organise trade unions and to guarantee the right to strike.
• State support for the elderly 36. The Stated recognises the right of the aged and the disabled to special
• State support for the disabled
protection and with a view to ensuring the effective exercise of this right
undertakes-
 
a. to make reasonable provision for improving the quality of life and for the
welfare and maintenance of the aged and disabled;
 
b. to promote programmes specifically aimed at achieving the greatest
possible development of the disabled.
• State support for the unemployed 37. The State recognises the right of every citizen to a decent and dignified
existence and with a view to ensuring that its citizens are not left unprovided for
by reason of incapacity to work or involuntary unemployment undertakes to
maintain a system of social security.
• Protection of environment 38. The State recognises the right of every person to live in and enjoy a clean,
healthy and ecologically balanced environment and with a view to ensuring the
effective realization of this right the State undertakes-
 
a. to take measures to promote the protection, preservation and
improvement of the environment
 
b. to ensure a sustainable socio-economic development of Seychelles by a
judicious use and management of the resources of Seychelles;
 
c. to promote public awareness of the need to protect, preserve and improve
the environment.
• Right to culture 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-
 
a. the protection of public order, public morals and public health;
 
b. the prevention of crime;

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• Binding effect of const rights c. 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.

PART II: FUNDAMENTAL DUTIES

40. It shall be the duty of every citizen of Seychelles-
 
• Duty to obey the constitution a. to uphold and defend this Constitution and the law;
 
b. to further the national interest and to foster national unity;
 
d. to work conscientiously in a chosen profession, occupation or trade;
 
e. to contribute towards the well-being of the community;
 
• Protection of environment f. to protect, preserve and improve the environment; and
 
g. generally, to strive towards the fulfillment of the aspirations contained in
the Preamble of this Constitution.

PART III: STATE OF EMERGENCY AND SAVINGS

• Emergency provisions 41. 1. The President may, where the President has reason to believe that-
• Head of state decree power
 
a. a grave threat to national security or public order has arisen or is imminent;
or
 
b. a grave civil emergency has arisen or is imminent,
in Seychelles or in any part of Seychelles, by a Proclamation published in the
Gazette, declare that a state of emergency exists in Seychelles or that part of
Seychelles.
2. A declaration made under clause (1) shall cease to have effect on the expiration
of a period of seven days beginning with the date of the publication of the
declaration unless, before the expiration of the period, it is approved by a
resolution passed by not less 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.

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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).
• Emergency provisions 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.
• Emergency provisions 43. 1. This article shall apply during any period of public emergency.
2. Notwithstanding this Chapter but subject to clause (3), a law may provide for the
taking during a period of public emergency of such measures as are strictly
required to meet the exigencies of the situation.
3. A law referred to in clause (2) shall not provide for the taking of measures that
are inconsistent with which articles 15, 16, 17, 18 (3) 19 (2) to (6) and (11), 21
and 27.
4. Where a law referred to in clause (2) provides for the detention of persons
provision shall be made in the law-
 
a. that, as soon as is reasonably practicable and in any case not more than
seven days after the commencement of the detention, the person detained
shall be furnished with a statement in writing, in, as far as is practicable, a
language that the person understands, specifying in detail the grounds
upon which the person is detained;
 
b. that not more than seven days after the commencement of the detention, a
notice shall be published in the Gazette and a local daily newspaper of wide
circulation in Seychelles stating the name of the person detained and the
particulars of the law under which the detention was made;

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c. that not more than a month after the detention and thereafter at intervals
of not more than three months the detention of the person shall be
reviewed by an independent and impartial tribunal appointed by the
President from candidates proposed by the Constitutional Appointments
Authority for this purpose;
 
d. that the person detained shall be entitled to choose and be afforded
reasonable facilities to consult a legal practitioner, to appear, in person or
through the legal practitioner, before the tribunal, and that were the law so
provides the services of the legal practitioner shall be at public expense;
 
e. that the person detained shall be released forthwith if the tribunal
reviewing the detention is satisfied that it is not reasonably necessary or
expedient for the purpose of the emergency to continue with the detention;
 
f. where the tribunal reviewing the detention of a person does not order the
release of the person the tribunal may make recommendation to the
authority detaining the person concerning the necessity or expediency of
continuing with the detention and a copy of the recommendation shall be
served on the person detained.
5. A tribunal appointed under clause (4) (c) shall have a Judge as chairman.
44. 1. A law made in relation to a disciplinary force of Seychelles may, in so far as it is
necessary in a democratic society, provide for the derogation against the
provisions of the Charter, other than articles 15, 16, and 17.
• International organizations 2. A law of a country other than Seychelles whose disciplinary force is lawfully in
Seychelles in pursuance of arrangements made between the Government of
Seychelles and another government or an international organization shall, in so
far as the law applies to the disciplinary force, not be held to be inconsistent or in
contravention of the provisions of the Charter.
3. A law which authorises the taking of any measure against a member of a
disciplinary force of a country with which Seychelles is at war shall not be held to
be inconsistent with the Charter.
4. A law referred to in clause (3) shall not provide for the doing of anything which
constitutes the crime of genocide or a crime against humanity.

PART IV: REMEDIES

45. This Chapter shall not be interpreted so as to confer on any person or group the
right to engage in any activity aimed at the suppression of a right or freedom
contained in the Charter.
46. 1. A person who claims that a provision of this Charter has been or is likely to be
contravened in relation to the person by any law, act or omission may, subject to
this article, apply to the Constitutional Court for redress.
2. An application under clause (1) may, where the Constitutional Court is satisfied
that the person whose right or freedom has been or is likely to be contravened is
unable to do so, be made by another person acting on behalf of that person, with
or without that person's authority.
3. The Constitutional Court may decline to entertain an application under clause
(1) where the Court is satisfied that the applicant has obtained redress for the
contravention under any law and where the applicant has obtained redress in
the Constitutional Court for any matter for which an application may be made
under clause (1), a court shall not entertain any application for redress for such
matter except on appeal from a decision of such court.

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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-
 
a. declare any act or omission which is the subject of the application to be a
contravention of the Charter;
 
b. declare any law or the provision of any law which contravenes the Charter
void;
 
c. make such declaration or order, issue such writ and give such directions as
it may consider appropriate for the purpose of enforcing or securing the
enforcement of the Charter and disposing of all the issues relating to the
application;
 
d. award any damages for the purpose of compensating the person concerned
for any damages suffered;
 
e. make such additional order under this Constitution or as may be prescribed
by law.
6. Where the Constitutional Court makes a declaration under clause (5)(b) the
Court shall, subject to any decision in appeal therefrom, send a copy of the
declaration to the President and the Speaker.
7. Where in the course of any proceedings in any court, other than the
Constitutional Court or the Court of Appeal, a question arises with regard to
whether there has been or is likely to be a contravention of the Charter, the
court shall, if it is satisfied that the question is not frivolous or vexatious or has
already been the subject of a decision of the Constitutional Court or the Court
of Appeal, immediately adjourn the proceedings and refer the question for
determination by the Constitutional Court.
8. Where in an application under clause (1) or where a matter is referred to the
Constitutional Court under clause (7), the person alleging the contravention or
risk of contravention establishes a prima facie case, the burden of proving that
there has not been a contravention or risk of contravention shall, where the
allegation is against the State, be on the State.
9. The Court in which the question referred to in clause (7) arose shall dispose of
the case in accordance with the decision of the Constitutional Court, or if that
decision is the subject of an appeal to the Court of Appeal, in accordance with
the decision of the Court of Appeal.
10. The Chief Justice may make rules for the purpose of this article with respect to
the practice and procedure of the Constitutional Court in relation to the
jurisdiction and power conferred upon it by or under this article, including rules
with respect to the time within which an application or a reference may be made
or brought.

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PART V: PRINCIPLES OF INTERPRETATION

47. Where a right or freedom contained in this Charter is subject to any limitation,
restriction or qualification, that limitation, restriction or qualification-
 
a. shall have no wider effect than is strictly necessary in the circumstances;
and
 
b. shall not be applied for any purpose other than that for which it has been
prescribed.
• International law 48. This Chapter shall be interpreted in such a way so as not to be inconsistent with
any international obligations of Seychelles relating to human rights and
freedoms and a court shall, when interpreting the provision of this Chapter, take
judicial notice of-
 
a. the international instruments containing these obligations;
 
b. the reports and expression of views of bodies administering or enforcing
these instruments;
 
c. the reports, decisions or opinions of international and regional institutions
administering or enforcing Conventions on human rights and freedoms;
 
d. the Constitutions of other democratic States or nations and decisions of the
courts of the States or nations in respect of their Constitutions.
49. In this Chapter, unless the context otherwise requires-
 
• "Charter" or "Seychellois Charter of Fundamental Human Rights and
Freedoms" means Part 1 of this Chapter;
 
• "contravene", in relation to a requirement or condition in this Chapter,
includes a failure to comply with the requirement or condition;
 
• "court" means any court of law or tribunal having jurisdiction in Seychelles
excepting, save as in articles 19 and 46, a court established by or under a
disciplinary law;
 
• "democratic society" means a pluralistic society in which there is tolerance,
proper regard for the fundamental human rights and freedoms and the rule
of law and where there is a balance of power among the Executive,
Legislature and Judiciary;
 
• "disciplinary force" means-
 
a. a naval, military or air force;
 
b. the police force of Seychelles;
 
c. the prison service of Seychelles;

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d. any other similar force established by law.
 
• "disciplinary law" means a law regulating the discipline of a disciplinary
force;
 
• "governmental authority" includes a department, division, agency or
instrumentality of the Government and any statutory body or body set up
by administrative action for governmental or official purposes;
 
• "legal practitioner" mean a person lawfully in or entitled to be in Seychelles
and entitled to practice law in Seychelles;
 
• "member", in relation to a disciplinary force, includes any person who,
under the law regulating the discipline of that force, is subject to that
discipline;
 
• "minor" means an individual who has not attained the age of eighteen
years;
 
• "period of public emergency" means any period during which-
 
a. Seychelles is at war; or
 
b. a declaration made under article 41 is in force;
 
c. "person" means an individual or a body corporate;
 
• "public officer" includes a person employed by a governmental authority.

CHAPTER IV: THE PRESIDENT

• Designation of commander in chief 50. There shall be a President of Seychelles who shall be the Head of State, Head of
• Name/structure of executive(s)
Government and Commander-in-Chief of the Defence Forces of Seychelles.
• Eligibility for head of state 51. 1. A person is qualified for election as President if-
 
a. the person is a citizen of Seychelles;
 
b. the person is not disqualified from registration as a voter under this
Constitution.
2. Subject to clause (6), Schedule 3 shall have effect with regard to the election of
the President.
3. The Constitutional Court shall have jurisdiction to hear and determine whether
a person has been validly elected to the office of President.
4. An application under clause (3) may be made by a person entitled to vote at an
election of the President, a person who was a candidate at the election or the
Attorney-General.

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5. Where a person other than the Attorney-General makes an application under

this article, the Attorney-General may intervene and may appear or be
represented in the proceedings.
6. A law may provide for--
 
a. the circumstances and manner in which and the imposition of conditions
upon which an application may be made to the Constitutional Court for the
determination of a question under clause (3);
 
b. the powers, practice and procedure of the Constitutional Court in relation
to the application; and
 
c. any matter, not otherwise provided for in Schedule 3, which is necessary or
required to ensure a true, fair and effective election of the President.
• Head of state term length 52. 1. Subject to this article, a person elected as President shall hold office for a
term of five years --
 
a. beginning with the date next following the date of the declaration of the
election of President; or
 
b. where another person holds office as President on the date next following
the date of the declaration of the election of President, beginning on the
date next
 
c. following the date on which the office next becomes vacant.
• Head of state term limits 2. A person shall hold office as President under this Constitution for not more than
three terms.
3. The office of President becomes vacant-
 
a. on the expiration of the period specified in clause (1);
 
b. where an election for the office of President is held before the expiration of
five years referred to in clause (1), on the date next following the date of
declaration of the election of President; or
 
c. where the incumbent dies or resigns or is removed from office under this
Constitution.
4. Where, but for this clause, the office of President would become vacant on a
particular date by reason of the operation of clause (3)(a), but on that date an
election held under article 51 has not resulted in the election of the President,
the incumbent President shall continue to hold office until the end of the day on
which the President is elected under article 51.
5. The President may, by writing addressed to the Speaker, resign from the office
of President.
• Emergency provisions 6. Where a period of public emergency subsists at the time when the term of office
of President would end, the National Assembly may, by resolution approved by a
majority of the members of the Assembly, extend the term of office of President
--
 
a. where there is a declaration of a state of emergency, for not more than six
months at a time but up to a maximum aggregate period of twelve months;

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b. where Seychelles is at war, for not more than twelve months at a time but
up to a maximum aggregate period of forty-eight months,
and a period of extension shall not extend beyond the duration of the current
session of the National Assembly or beyond the period by which the session of
the National Assembly is extended in the same circumstances under this
Constitution.
52A. 1. The provisions of this article shall have effect notwithstanding anything to
the contrary in the other provisions of this Chapter.
2. The President may, at any time after the expiration of one year from the
commencement of the President's first or second term of office, by
Proclamation published in the Gazette, declare the President's intention of
appealing to the People for a mandate to hold office, by election, for a further
term.
3. Upon the making of a Proclamation under clause (2), the Electoral Commission
shall, subject to the provisions of this article, hold a Presidential election.
4. a. The President may revoke a Proclamation made under this article by notice
published in the Gazette, at any time before the day appointed as nomination
day in relation to the election of the President.
b. The President shall not withdraw his nomination as candidate at such election.
5. If at any time after the date of a Proclamation made under clause (2) and before
the close of the poll at the election held in pursuance of the Proclamation, the
incumbent President dies, the Proclamation shall be deemed to have been
revoked with effect from the date of such death, and the election to be held in
pursuance of the Proclamation shall be deemed to be cancelled.
6. The person declared elected as President at an election held under this article
shall, if such person --
 
a. is the incumbent President, hold office for a further term of five years
beginning with the date next following the date on which the term of office
of the incumbent President is deemed to have expired under clause (7);
 
b. is a person other than the incumbent President, hold office for a term of
five years beginning with the date next following the date of declaration of
the election of President.
7. Where an election is held under this article, the term of office of the incumbent
President --
 
a. shall be deemed to have expired on the date next following the date of
declaration of election of President in that election; and
 
b. shall constitute one term for the purpose of article 52(2).
• Head of state removal 53. 1. This article shall have effect with regard to the removal of the President from
office on the ground of mental or physical incapacity.
2. Where the Cabinet resolves, upon a motion supported by the votes of a majority
of all the members of the Cabinet that the question of the mental or physical
capacity of the President to discharge the functions of the office of President
ought to be investigated, the Cabinet shall so inform the Chief Justice.

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3. Where notice in writing signed by not less than half the number of members of
the National Assembly of a motion requesting that the question of the mental or
physical capacity of the President to discharge the functions of the office of
President ought to be investigated is given to the Speaker, the Speaker shall-
 
a. where the National Assembly is sitting or has been summoned to meet
within five days, cause the motion to be considered by the Assembly as
soon as is practicable within seven days of the notice;
 
b. where the National Assembly is not then sitting, summon the Assembly to
meet on a date within fourteen days of the notice and cause the motion to
be considered at that meeting.
4. Where a motion under clause (3) is proposed for consideration by the National
Assembly, the Assembly shall not debate the motion but the Speaker shall
forthwith cause a vote to be taken on the motion and, if the motion is supported
by the votes of not less than two-thirds of the number of its members, shall
declare the motion to be passed and shall deliver a copy of the motion to the
President and the Chief Justice.
5. Where the Chief Justice is informed under clause (2) or receives a copy of a
motion under clause (4), the Chief Justice shall appoint a medical board
consisting of not less than three persons selected by the Chief Justice from
among persons who are qualified as medical practitioners under a law, and the
medical board shall inquire into the matter and shall make a report to the Chief
Justice stating the opinion of the board as to whether or not the President is, by
reason of and infirmity of body or mind, incapable discharging the functions of
the office of President.
6. Where under clause (5) the medical board reports that the President is capable
of discharging the functions of the office of President, the Chief Justice shall
inform accordingly-
 
a. where the investigation was carried out at the instance of the Cabinet, the
Cabinet; or
 
b. where the investigation was carried out at the instance of the National
Assembly, the Speaker,
and, as soon as is practicable, thereafter the Cabinet shall inform the President
accordingly or the Speaker shall inform the President and the National
Assembly accordingly, as the case may be.
7. Where under clause (5) the medical board reports that the President is
incapable of discharging the functions of the office of President, the Chief
Justice shall certify in writing accordingly and-
 
a. where the investigation was carried out at the instance of the Cabinet,
submit the findings to the Cabinet, and the Cabinet shall inform the
President of the findings and submit the findings to the Speaker; or
 
b. where the investigation was carried out at the instance of the National
Assembly, submit the findings to the Speaker and the Speaker shall inform
the President of the findings.

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8. Where the Speaker receives a report under clause (7), the speaker shall,-
 
a. where the National Assembly is sitting or has been summoned to meet
within five days, cause the findings of the medical board to be considered
by the Assembly as soon as is practicable; or
 
b. where the National Assembly is not sitting, immediately summon the
Assembly to meet and cause the findings of the medical board to be
considered at that meeting.
9. Where the National Assembly, when it meets pursuant to clause (8), resolves by
the votes of not less than two-thirds of the number of its members that the
finding of the medical board be adopted, the President shall cease to hold office
on the passing of the resolution.
• Head of state removal 54. 1. Where notice in writing signed by not less than half the number of the
members of the National Assembly of a motion alleging that the President has
committed a violation of this Constitution or a gross misconduct and specifying
the particulars of the allegation and proposing that the Constitutional Court
investigates the allegations is given to the Speaker, the Speaker shall-
 
a. if the National Assembly is then sitting or has been summoned to meet
within five days, cause the motion to be considered by the Assembly within
seven days of the notice; or
 
b. if the National Assembly is not sitting, summon the Assembly to meet on a
date within fourteen days of the notice and cause the motion to be
considered at that meeting.
2. Where a motion under clause (1) is proposed for consideration by the National
Assembly, the Assembly shall not debate the motion but the Speaker shall
forthwith cause a vote to be taken on the motion and, if the motion is supported
by the votes of not less than two-thirds of the number of its members, shall
declare the motion to be passed.
3. Where a motion is declared to be passed under clause (2)-
 
a. the Speaker shall deliver a copy of the motion to the President and the
Chief Justice;
 
b. the Chief Justice shall place the matter before the Constitutional Court;
 
c. the Constitutional Court shall investigate the matter and report to the
Speaker whether it finds that the particulars of the allegation specified in
the motion constitute a prima facie case for the removal of the President;
and
 
d. the Constitutional Court in investigating the matter under paragraph (c)
may summon and examine any witnesses or otherwise exercise all the
powers of the Supreme Court.
4. The President shall have the right to appear and be represented before the
Constitutional Court during its investigation of the allegation.
5. Where the Constitutional Court reports to the Speaker that the Court finds that
the particulars of an allegation against the President specified in the motion do
not constitute a prima facie case for the removal of the President, no further
proceedings shall be taken under this article in respect of that allegation.

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6. Where the Constitutional Court reports to the Speaker that the Court finds that
the particulars of an allegation against the President specified in the motion
constitute a prima facie case for the removal of the President, the Speaker shall,
within ten days after a report is made to the Speaker pursuant to clause(3) (c)-
 
a. where the National Assembly is sitting or has been summoned to meet
within five days, cause the findings of the Court to be considered, as soon as
is practicable, by the Assembly; or
 
b. where the National Assembly is not sitting, immediately summon the
National Assembly and cause the findings of the Court to be considered by
the Assembly.
7. Where the National Assembly when it meets pursuant to clause (6) resolves by
the votes of not less than two-thirds of the number of its members that the
finding of the Constitutional Court be adopted, the President shall cease to hold
office on the passing of the resolution.
• Head of state replacement 55. 1. Where the President dies, resigns or is removed from office, the
Vice-President shall assume the office of President for the unexpired term of
the President with effect from the death, resignation or removal from office of
the President.
For the purpose of this clause, a person who would, but for that person's death,
have been declared elected as President at the Presidential election and the
person designated as the Vice-President of the first-mentioned person shall be
deemed to have been the President and Vice-President respectively, holding
office immediately before the death of the first-mentioned person and
accordingly, such Vice-President shall assume the office of President.
2. Where the President ceases to hold office under article 110(3), the
Vice-President shall discharge the functions of the President until a person is
elected under article 51 to the office of President.
3. Where the Vice-President discharges the functions of the President under
clause (2) or article 56, the Vice-President shall not have power to --
 
a. revoke the appointment of a Minister, or
 
b. invoke article 110.
56. Where the President is on leave of absence, absent from Seychelles or unable
for any other reasons, except for a reason specified in article 55, to discharge the
functions of the office of President, the Vice-President shall discharge those
functions until the President returns from leave of absence or from outside
Seychelles and resumes the functions of the office of President or is able to
discharge the functions of the office of President.
57. A person assuming the office of President shall, before entering upon the office,
take and subscribe before the Chief Justice or another Judge the oath of
allegiance and the Presidential oath prescribed in this Constitution.
58. 1. The President shall receive such salary, allowances and gratuity as may be
prescribed by an Act.
2. Where the person holding the office of President ceases to hold office otherwise
than by being removed under article 54, the person shall receive such pension,
gratuity or allowance as may be prescribed by an Act.
3. The salary, allowance, pension or gratuity, as the case may be, payable under this
article to the President or a person who has ceased to be President shall be a
charge on the Consolidated Fund and shall not be altered to the disadvantage of
the President or the person who has ceased to be President.

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4. Clauses (2) and (3) shall apply to a person who held office as President under any
previous Constitution of Seychelles.
5. Where a person who has previously held office as President under this or a
previous Constitution is elected to the office of President, the person shall not,
while holding office as President, be entitled to receive the pension, gratuity or
allowance payable under clause (2).
• Head of state immunity 59. 1. Whilst any person holds, or discharges under article 55 or article 56 the
functions of, the office of President no criminal proceedings shall be instituted
or continued against the person in respect of anything done or omitted to be
done by the person in either an official or private capacity and no civil
proceedings shall be instituted or continued in respect of which relief is claimed
against the person in respect anything done or omitted to be done in such
private capacity.
2. Notwithstanding article 18(6) or article 19(1) or (7) or any other law,
proceedings such as are referred to in clause (1) may be brought within three
years of a person ceasing to hold or discharge the functions of the office of
President unless the period prescribed by law for bringing the proceedings
concerned had expired before the person assumed or commenced to discharge
those functions.
• Power to pardon 60. 1. The President may, after obtaining the advice of the advisory committee
appointed under article 61-
 
a. grant to any person convicted of any offence a pardon, either free or
subject to lawful conditions;
 
b. grant to any person a respite, either indefinite or for a specified period, of
the execution of any punishment imposed on that person for any offence;
 
c. substitute a less severe form of punishment for any punishment imposed on
any person for any offence; or
 
d. remit the whole or part of any punishment imposed on any person for any
offence or of any penalty or forfeiture otherwise due to the Republic on
account of any offence.
2. Except as otherwise permitted by or under an Act, the exercise of the power
conferred by clause (1) shall not be held out, offered or promised in advance of
conviction.
3. Nothing in this article shall prevent the establishment by an Act of systems of
probation, parole or release on license, or any similar system.
• Establishment of military courts 4. Any reference in this article to a conviction or the imposition of a punishment,
penalty, sentence or forfeiture includes a reference to a conviction or the
imposition of a punishment, penalty, sentence or forfeiture by a court martial or
other military court.
5. This article shall not apply in relation to any conviction by a court established
under the law of a country other than Seychelles that has jurisdiction in
Seychelles in pursuance of arrangement made between the Government of
Seychelles and another government or an international organization relating to
the presence in Seychelles of members of a disciplinary force of that other
country or under the control of the international organization or in relation to
any punishment imposed in respect of any such conviction or any penalty or
forfeiture resulting from any such conviction.

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• Advisory bodies to the head of state 61. There shall be an advisory committee on the power of pardon under article 60
• Power to pardon
which shall consist of not less than three and not more than five persons as may
be appointed for a term of seven years by the President from candidates
proposed by the Constitutional Appointments Authority.
62. 1. Subject to this Constitution and to any other law, the powers of establishing
and abolishing offices for the Republic shall vest in the President.
2. The President may, by order, declare that an office established by the President
under clause (1) shall not be an office in the public service.
3. Appointment to an office declared by the President not to be an office in the
public service shall be made by the President from candidates proposed by the
Constitutional Appointments Authority.
4. Appointment to an office, established by the President under clause (1), other
than an office referred to in clause (2), shall be made by the President or by a
person or body authorised by the President.
63. 1. Where under this Constitution, an appointment to an office or the
designation of a person for any purpose by the President is expressed to be
subject to the approval of the National Assembly, particulars of the proposed
appointment or designation shall be sent to the Speaker and the Speaker shall
cause the National Assembly to vote on the proposed appointment or
designation.
2. The Speaker shall notify the President of the decision of the National Assembly
and only if the decision is in favour of the appointment or designation may the
appointment or designation be made.
• Foreign affairs representative 64. 1. The President may, with the approval of a majority of members of the
• Head of state powers
National Assembly, appoint a person as Ambassador, High Commissioner or any
other principal representative of Seychelles to represent abroad.
2. The President may receive envoys accredited to Seychelles.
• Treaty ratification 3. The President may receive or cause to be executed treaties, agreements or
conventions in the name of the Republic.
• Legal status of treaties 4. A treaty, agreement or convention in respect of international relations which is
to be or is executed by or under the authority of the President shall not bind the
Republic unless it is ratified by-
 
a. an Act; or
 
b. a resolution passed by the votes of a majority of the members of the
National Assembly.
5. Clause (4) shall not apply where a written law confers upon the President the
authority to execute or authorize the execution of any treaty, agreement or
convention.
65. The President shall-
 
a. at the beginning of each year; and
 
• Legislative oversight of the executive b. before a dissolution, pursuant to article 106(2 (a) or (b), of the National
Assembly, deliver to the Assembly a message on the state of the nation.

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CHAPTER V: THE EXECUTIVE

• Name/structure of executive(s) 66. 1. The executive authority of the Republic shall vest in the President and shall be
exercised in accordance with this Constitution and the laws of Seychelles.
2. The executive authority vested in the President under this article shall extend to
the execution and maintenance of this Constitution and the laws of Seychelles
and to all matters with respect to which the National Assembly has power to
make laws.
3. Subject to this Constitution, the functions conferred on the President by clause
(1) may be exercised by the President directly or through subordinate officers.
3A. The President is politically responsible for a Ministry or department that the
President has not specifically assigned to the Vice-President or a Minister.
4. Nothing in this article shall prevent the National Assembly from conferring, by
or under an Act, functions on a person other than the President or on an
authority.
• Deputy executive 66A. 1. There shall be a Vice-President of Seychelles who shall perform the
functions assigned to the Vice-President by the Constitution, an Act or the
President.
2. The President may assign the Vice-President the political responsibility of one
or more Ministries.
3. The Vice-President shall be a person who is qualified to be elected President
under article 51.
4. A candidate at an election for President shall designate a person as the
candidate's Vice-President and on the election of the candidate as President the
person designated as Vice-President by the candidate becomes Vice-President.
5. A person who is a member of the National Assembly or the Judiciary shall upon
becoming Vice-President cease to be a member of the National Assembly or
Judiciary.
6. The term of office of the Vice-President shall be the same as that of the
President under article 52.
7. A person shall not hold office as Vice-President for more than 3 terms.
8. The Vice-President shall, before starting to perform the functions of
Vice-President, take and subscribe the oath of allegiance and the
Vice-Presidential oath set out in Schedule 6.
9. The Vice-President may resign or be removed from office in the same manner as
a Minister and articles 73 and 74 shall apply to the Vice-President.
10. Where the person who is Vice-President ceases to hold office as Vice-President,
otherwise than under clause (11), the President shall designate another person
as Vice-President for approval by the National Assembly.
11. Where the Vice-President assumes the office of President under article 55(1)-
 
a. the President shall, with the approval of the National Assembly appoint a
person to be Vice-President;
 
b. the person who at the time is designated Minister shall immediately cease
to be designated Minister and the President shall designate a person, who
may be the first mentioned person, for approval by the National Assembly
as designated Minister.
12. Where under article 55 (1) the Vice-President assumes the office of President
for a term which exceeds two thirds of the term of the President, the
Vice-President is only eligible to serve for 2 other terms as President.

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13. The Vice-President shall receive such salary, allowance and gratuity as may be
prescribed by an Act and the salary, allowance or gratuity shall be a charge on
the Consolidated Fund.
• Establishment of cabinet/ministers 67. 1. There shall be a Cabinet consisting of the Vice-President and Ministers.
2. The President or, in the absence of the President for any reason, the
Vice-President shall preside at meetings of the Cabinet.
3. Subject to clause (2), the Cabinet shall determine its own procedure in
connection with its meetings.
• Powers of cabinet 68. The Cabinet shall be responsible for advising the President with respect to the
policy of the Government and with respect to such other matters as may be
referred to it by President.
69. 1. There shall be such number of Ministers, not being less than seven or more
than fourteen as the President may, from time to time, determine.
• Eligibility for cabinet 2. The President may, with the approval of a majority of the members of the
• Cabinet selection
National Assembly, appoint a person who is a citizen of Seychelles and who has
attained the age of eighteen years to the office of Minister.
• Eligibility for cabinet 3. Where a person who is a member of the National Assembly is appointed to the
office of Minister, the person shall, on assuming the office, cease to be a member
of the Assembly.
4. A person shall, before assuming office as Minister, subscribe before the
President the oath of allegiance and such other oath, as may be prescribed by an
Act, for the due execution of the functions of that office.
5. A Minister shall receive such salary, allowances and gratuity as may be
prescribed by an Act.
6. The salary, allowances or gratuity payable under clause (5) shall be a charge on
the Consolidated Fund.
7. Where a person is appointed as Minister and in addition to this article is entitled
to receive under any other provision of the Constitution a salary, pension,
gratuity or allowance, the person shall not, while holding the office of a Minister,
be concurrently entitled to receive the salary, pension, gratuity or allowance
under this article and under any other provision of the Constitution but may opt
to receive the salary, pension, gratuity or allowance under either this article or
any other provision of the Constitution.
• Powers of cabinet 70. 1. A Minister has such title, portfolio and responsibility as may be determined
from time to time by the President and a Minister may be assigned the
responsibility of more than one Ministry at any time.
2. Nothing in this article operates to prevent the conferring of functions on a
Minister by or under an Act.
3. Ministers shall perform their functions under clause (1) under the direction of
the President.
• Cabinet removal 71. The Vice-President and the Ministers shall be individually accountable to The
President for the administration of their Ministries and departments assigned to
them and shall collectively be responsible for a decision of Cabinet.
72. A Minister, unless the Minister-
 
a. dies
 
b. resigns; or
 
c. is removed from office under and in accordance with this Constitution,
shall hold office until immediately before the beginning of the term of the person
next elected, after the Minister's appointment, to the office of President.

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73. 1. A Minister may resign from office by delivering to the President a notice of
resignation but the resignation shall not have effect until it is received by the
President.
• Cabinet removal 2. The President may and, where the National Assembly has passed a vote of
censure in respect of the Minister under article 74, by instrument in writing,
remove a Minister from office.
• Cabinet removal 74. 1. The National Assembly may, by resolution approved by the votes of not less
than two-thirds of the number of its members, pass a vote of censure against a
Minister.
2. A motion for a resolution under clause (1) shall not be moved in the National
Assembly unless-
 
a. seven days' notice has been given of the motion; and
 
b. the notice for the motion has been signed by not less than one-third of the
number of members of the Assembly.
3. The Speaker shall, upon receipt of the notice of the motion under clause (2)-
 
a. send a copy of the notice to the President; and
 
b. unless the Minister has ceased to hold office beforehand, cause the motion
to be debated in the National Assembly within fourteen days after
receiving notice of motion.
4. The Minister in respect of whom a vote of censure is to be debated under clause
(3) is entitled to be heard during the debate.
5. Where a vote of censure is passed against a Minister under this article, the
Speaker shall as soon as is practicable thereafter notify the President and the
President shall, unless the Minister otherwise ceases to hold office, remove the
Minister from office under article 73(2) not later than seven days after being
notified by the Speaker.
75. 1. At the time of submitting the names to the National Assembly for its approval
of the persons to be appointed as Ministers, the President shall designate one
person who shall discharge the functions of designated Minister under the
Constitution or an Act.
2. The approval of the National Assembly under clause (1) or article 66A (10) or
(11) shall be by a majority of the members of the Assembly.
3. Where the National Assembly does not approve the designation of a person
under clause (1) or article 66A (10) or (11) or a person whose designation has
been approved under that clause ceases to be a Minister, the President shall
designate another person for approval by the National Assembly.
4. Where under the Constitution a function is required to be performed by the
President and both the President and the Vice-President are unable to perform
the function, the function may be performed by the designated Minister until
the President or Vice-President is able to perform the function.
5. Where under the Constitution a function, not being a function related to a
Ministry or department assigned to the Vice-President by the President under
article 66A) (2), is required to be performed by the Vice-President and the
Vice-President is unable to perform the function, the function, may be
performed by the designated Minister until the Vice-President is able to
perform the function.

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6. A restriction or limitation which the Constitution imposes on the President or

Vice-President with regard to the exercise of the function of President or
Vice-President shall apply to the designated Minister when performing a
function under clause (4) or clause (5).
• Attorney general 76. 1. There shall be an Attorney-General who shall be appointed by the President
from candidates proposed by the Constitutional Appointments Authority.
2. A person shall hold office as Attorney-General for a term of not more than seven
years and is eligible for reappointment at the end of a term of office.
3. A person shall not be appointed to the office of Attorney-General unless the
person is qualified for appointment to the office of Judge.
4. The Attorney-General shall be the principal legal adviser to the Government
and, subject to clause (11), shall have power, in any case in which the
Attorney-General considers it desirable so to do-
 
a. to institute and undertake criminal proceedings against any person before
any court in respect of any offence alleged to have been committed by that
person;
 
b. to take over and continue any such criminal proceedings that have been
instituted or undertaken by any other person or authority; and
 
c. to discontinue at any stage before judgment is delivered any criminal
proceedings instituted or undertaken under subclause (a) or by any other
person or authority.
5. The powers of the Attorney General under clause (4) may be exercised by the
Attorney-General in person or by subordinate officers acting in accordance with
the general or special instructions of the Attorney-General.
6. Subject to clause (7), the power conferred on the Attorney-General by clause
(4)(b) to take over any proceedings or clause (4)(c) to discontinue any
proceedings shall be vested in the Attorney-General to the exclusion of any
other person or authority.
7. Where a person or authority, other than the Attorney-General, has instituted
criminal proceedings, nothing in clause (6) shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority and with the leave
of the court.
8. Subject to clause (9), for the purposes of this article, any appeal from any
judgment in any criminal proceedings before any court, or any question of law
reserved for the purpose of any such proceedings to any other court shall be
deemed to be part of those proceedings.
9. The power conferred on the Attorney-General by clause (4)(c) shall not be
exercised in relation to any appeal by a person convicted in any criminal
proceedings or to any question of law reserved at the instance of such a person.
10. In the exercise of the powers vested in the Attorney-General by clause (4), the
Attorney-General shall not be subject to the direction or control of any other
person or authority.
11. An Act may make provision with respect to the institution of proceedings by a
person or authority, other than the Attorney-General, before a military court or
a tribunal established by or under the Act for the trial of military offences
committed by persons subject to military law, and unless the Act otherwise
provides, the power under clause (4) shall not be exercisable by the
Attorney-General in relation to any such person in respect of any such offence.
12. The salary, allowances, pension or gratuity payable to the Attorney-General
shall be a charge on the Consolidated Fund.

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13. Subject to article 165, the term and conditions on which a person has been
appointed to the office of Attorney-General shall not be altered to the
disadvantage of the person after the appointment.

CHAPTER VI: LEGISLATURE

PART I: NATIONAL ASSEMBLY

• Structure of legislative chamber(s) 77. There shall be a National Assembly of Seychelles.
78. The National Assembly shall consist of-
 
a. such number of members directly elected in accordance with-
 
i. this Constitution; and
 
ii. subject to this Constitution, an Act,
 
as is equal to the number of electoral areas;
 
• First chamber selection b. not more than 10 members elected on the basis of the scheme of
proportional representation specified in Schedule 4.
• Scheduling of elections 79. 1. A general election shall be held during the period starting at the beginning of
• First chamber selection
the fifty-seventh month and ending at the end of the fifty-ninth month of a
session of the National Assembly.
• Replacement of legislators 2. Where a person ceases to be a directly elected member of the National
Assembly under article 81, a by- election shall be held within 30 days of the
person ceasing to be a member of the Assembly unless the cessation occurred
within three months before the beginning of the period within which a general
election is required to be held under clause (1).
• Secret ballot 3. Subject to clause (4), a directly elected member of the National Assembly shall
be directly elected by secret ballot by persons entitled to vote under this
Constitution.
4. Where immediately before the day appointed for the holding of an election
there is only one candidate for election for an electoral area and that candidate
has, since the day immediately following the day of the closing of the
nominations for that area, been the sole candidate for the area, no ballot shall be
held and-
 
a. all the persons who were entitled to vote at the election in the electoral
area shall be deemed to have cast their votes in favour of the candidate;
and
 
• Electoral commission b. the Electoral Commission shall declare the candidate to be the directly
elected member for the electoral area.

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5. Where on the day immediately following the day of closing of nominations for an
electoral area more than one candidate stand nominated for that area and on
the day immediately before the day of election only one candidate stands
nominated by reason of the withdrawal of nomination of other candidates or no
candidate stands nominated by reason of the withdrawal of nomination of all the
candidates the election shall be postponed and a further period of not less than
seven days shall be allowed for nomination of other candidates for that area.
6. Where on the day immediately following the day of closing of nominations for an
electoral area one or more candidates stand nominated for that area and one or
more of them die before the day of election, the election shall be postponed and
a further period of not less than seven days from the date of death of the
candidate shall be allowed for nomination of other candidates for that area.
7. The election postponed pursuant to clause (5) or (6) shall be held on such date as
the Electoral Commission may decide but, in any case, not later that thirty days
of the occurrence of the event specified in those clauses which occurred last and
the candidates nominated pursuant, to those clauses shall, notwithstanding
their withdrawal, be deemed to be the candidates for that election.
8. A law may provide for any matter, not otherwise provided for in this
Constitution, which is necessary or required to ensure a true, fair and effective
election of members of the National Assembly.
• Eligibility for first chamber 80. A person is qualified to be elected as a member of the National Assembly if-
 
a. the person is qualified to vote at a Presidential or National Assembly
election under this Constitution; and
 
• Outside professions of legislators b. the person does not hold or act in any office the functions of which involve-
 
i. any responsibility for, or in connection with, the conduct of the
National Assembly election for which the person wishes to stand; or
 
ii. any responsibility for the compilation or revision of an electoral
register for that National Assembly election.
• Removal of individual legislators 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-
 
a. on the dissolution of the Assembly;
 
b. if the person by notice in writing to the Speaker resigns;
 
c. if the person ceases to be a citizen of Seychelles;
 
• Attendance by legislators d. if the person is absent without the permission, which shall not be
unreasonably withheld, in writing of the Speaker-
 
i. from Seychelles for a continuous period in excess of thirty days; or
 
ii. during a session of the Assembly, for a continuous period in excess of
ninety days during which time the Assembly has been summoned to
meet and continues to meet;

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e. if any circumstances arise which, if the person were not a member, would,
pursuant to article 80, cause that person to be disqualified for election as a
member.
 
f. subject to clause (2), if the person becomes party to a contract with the
Government for or on account of any public service or if any firm in which
the person is a partner or any company of which the person is a director or
manager or in which the person has a controlling interest becomes a party
to any partner in a firm or a director or manager or the holder of a
controlling interest in a company which is a party to such contract;
 
g. If the person is elected President or becomes the Vice-President or is
appointed a Minister;
 
h. if, in the case of a proportionately elected member-
 
i. the political party which nominated the person as a member nominates
another person as a member in place of the first-mentioned person and
notifies the Speaker in writing of the new nomination;
 
ii. the person ceases to be a member of the political party of which that
person was a member at the time of the election; or
 
iii. The political party which nominated the person as a member is
dissolved or otherwise ceases to exist;
 
i. if, in the case of a directly elected member who was nominated for election
by a political party-
 
i. the person notifies the Speaker in writing that the person has ceased
to be a member of that political party; or
 
ii. the political party which nominated the person for election notifies the
Speaker in writing that the person has ceased to be a member of the
political party and the Electoral Commission has received a written
petition requesting the holding of fresh election for the purpose of
electing a new member to represent the electoral area which the
member represents signed or marked to the satisfaction of the
Commission by at least one third of the number of registered voters
who are entitled to vote in the electoral area;
 
j. If, in the case of a person who was directly elected as an independent
member, the person notifies the Speaker in writing that he is a member of a
political party; or
 
k. on the death of the person.

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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-
 
a. the person makes an application under article 82 to the Constitutional
Court within thirty days of the date of the certificate; and
 
b. the Constitutional Court determines that the person is still a member of the
National Assembly and that person still occupies that seat.
7. Until the final determination of an application referred to in clause (6) (a) the
person who made the application shall continue to be a member of the National
Assembly in respect of the seat for which the person was elected.
82. 1. The Constitutional Court shall have jurisdiction to hear and determine
whether-
 
a. a person has been validly elected as a member of the National Assembly; or
 
• Removal of individual legislators b. the seat of a member of a National Assembly has become vacant.
2. An application under clause (1) (a) may, in the case of-
 
a. a directly elected member, be made by any person entitled to vote at an
election in the electoral area for which the member was returned, any
person who was returned, any person who was a candidate at the election
in the electoral area or the Attorney-General; or
 
b. a proportionately elected member, be made by any member or the
Attorney-General.
3. An application under clause (1) (b) may, in the case of-
 
a. a directly elected member, be made by any member, any person entitled to
vote at an election in the electoral area for which the member was returned
or the Attorney General;

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b. a proportionately elected member, be made by any member, or the political
party of which the proportionately elected member was a member at the
time of election and which nominated the person as a member or the
Attorney-General.
4. Where a person, other than the Attorney-General, makes an application under
this article, the Attorney-General may intervene and may appear or be
represented in the proceedings.
5. An Act may provide for-
 
a. the circumstances and manner in which and the imposition of conditions
upon which an application may be made to the Constitutional Court for the
determination of a question under clause (1); and
 
b. the powers, practice and procedure of the Constitutional Court in relation
to the application.
• Leader of first chamber 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-
 
a. when the National Assembly first meets after the holding of a general
election;
 
b. where the person ceases to be a member of the National Assembly;
 
c. where the National Assembly passes a resolution supported by the votes of
not less than two-thirds of the number of members of the Assembly
requiring the person to vacate the office of Speaker or Deputy Speaker, as
the case may be.
4. A person holding the office of Speaker or Deputy Speaker may, by notice in
writing addressed to the National Assembly, resign from office and the office
shall become vacant when the Clerk to the Assembly receives the notice.
5. Where the office of Speaker or Deputy Speaker becomes vacant, the National
Assembly shall, unless it is sooner dissolved, elect another member of the
Assembly to fill the vacancy at its next sitting after the occurrence of the
vacancy or as soon as is practicable thereafter.
6. An Act may provide for the salary, allowances and gratuity of the Speaker and
Deputy Speaker.
7. The Salary, allowances or gratuity payable to the Speaker shall be a charge on
the Consolidated Fund.
8. The Speaker and Deputy Speaker shall, before assuming the functions of their
office, take and subscribe the oath of allegiance and such other oath as may be
prescribed by law.

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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-
 
a. if the person ceases to be a member of the National Assembly;
 
b. if the person is elected to the office of Speaker or Deputy Speaker;
 
c. if the person resigns by notice in writing addressed to the Speaker; or
 
d. where the members of the National Assembly entitled to vote at an
election to the office pass a resolution requiring the person to vacate the
office.
4. An Act may provide for the salary, allowances and gratuity of the Leader of the
Opposition.
5. The salary, allowances or gratuity payable to the Leader of the Opposition shall
be not less than those payable to a Minister and shall be a charge on the
Consolidated Fund.
6. Subject to article 105(3), where a person is elected Leader of the Opposition and
in addition to this article is entitled to receive under any other provision of the
Constitution a salary, pension, gratuity or allowance, the person shall not, while
holding the office of Leader of the Opposition, be concurrently entitled to
receive the salary, pension, gratuity or allowance under this article and under
any other provision of the Constitution but may opt to receive the salary,
pension, gratuity or allowance under either this article or any other provision of
the Constitution.

PART II: LEGISLATIVE POWER AND ITS EXERCISE

• Structure of legislative chamber(s) 85. The legislative power of Seychelles is vested in the National Assembly and shall
• Approval of general legislation
be exercised subject to and in accordance with this Constitution.
86. 1. The legislative power vested in the National Assembly shall be exercised by
Bills passed by the Assembly and assented to or deemed to have been assented
to by the President.
1A. Unless it is otherwise provided in this Constitution, a Bill is passed by the
Assembly if it is supported at all the stages at which it is as a whole put to the
vote of the Assembly by a majority of the members present and voting.
1B. Repealed.
2. Subject to article 87, where a Bill is presented to the President for assent, the
President shall, within fourteen days of the presentation of the Bill, assent, or, in
accordance with this Part, withhold assent, to the Bill.
3. The President shall, as soon as practicable, cause a Bill which has been passed
and assented to or deemed to have been assented to in accordance with this
Constitution to be published in the Gazette whereupon it shall become law.
4. A Bill passed by the National Assembly and assented to or deemed to have been
assented to by the President shall be styled an "Act" and the words of enactment
shall be "Enacted by the President and the National Assembly".

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• Approval of general legislation 87. 1. Where the President is of the opinion that a Bill presented for assent infringes
• Constitutionality of legislation
or may infringe this Constitution, the President shall not assent to the Bill and,
as soon as is practicable within fourteen days of the presentation of the Bill --
 
a. advise the Speaker accordingly; and
 
b. refer the Bill to the Constitutional Court for a decision in this respect.
2. Where the President refers a Bill to the Constitutional Court under clause (1),
the President shall not, until the Court has made its decision on the Bill, be
treated, for the purposes of article 88, as having withheld assent to the Bill.
3. Where a Bill has been referred to the Constitutional Court under clause (1), the
President shall not assent to it and the National Assembly shall not proceed
under article 88(2) until the Court has pronounced its decision thereon.
4. Where the Constitutional Court decides that a Bill referred to it under clause (1)
does not infringe this Constitution, the Court shall forthwith inform the
President and the Speaker in writing accordingly and the period under article
86(2) within which the President is required to assent to a Bill shall start to run
from the date of the decision of the Court.
5. Where the Constitutional Court decides that a Bill referred to it under clause (1)
infringes this Constitution, the Court shall forthwith inform the President and
the Speaker in writing accordingly and the President shall return the Bill to the
Speaker.
• Approval of general legislation 88. 1. Where the President withholds, within the period provided in article 86(2),
• Veto override procedure
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)-
 
a. return the Bill to the Speaker; and
 
b. inform the Speaker in writing of the reasons why the Bill has not been
assented to.
2. Where the President has returned the Bill to the Speaker under clause (1)(a), the
National Assembly may, at any time after a period of three months from the date
by which the President should have assented to the Bill under article 86(2), by a
notice approved by the votes of not less than two thirds of the number of
members of the Assembly resolve that the Bill should again be presented for the
President's assent.
3. Where a Bill is presented for the President's assent under clause (2),
notwithstanding that the President withholds assent to the Bill, the President
shall be deemed to have assented to the Bill at the expiration of the period of
fourteen days referred to in article 86(2).
89. Articles 85 and 86 shall not operate to prevent an Act from conferring on a
person or authority power to make subsidiary legislation.
• Spending bills 90. Except on the recommendation of the President signified by the Minister for the
• Tax bills
time being responsible for finance, the National Assembly shall not-
 
a. proceed on a Bill, including an amendment to a Bill, which, in the opinion of
the person presiding or the Attorney-General provides-
 
i. for the imposition of taxation or the alteration of taxation otherwise
than by reduction;

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ii. for the imposition of any charge on the Consolidated Fund or any other
public fund of Seychelles or the alteration on any such charge
otherwise than by reduction;
 
iii. for the payment, issue or withdrawal from the Consolidated Fund or
any other fund of the Government of Seychelles of any moneys not
charged thereon or any increase in the amount of such payment, issue
or withdrawal; or
 
iv. for the composition or remission of any debt due to the Government of
Seychelles; or
 
b. proceed upon any motion, including an amendment to a motion, the effect
of which in the opinion of the person presiding or the Attorney-General is
that provision would be made for any matter in paragraph (a)(i) to (iv).
 
c. receive any petition, that, in the opinion of the person presiding, requests
that provision be made for any matter in paragraph (a) (i) to (iv).

PART III: ALTERATION OF THE CONSTITUTION

• Constitution amendment procedure 91. 1. The National Assembly shall not proceed on a Bill to alter Chapter I, Chapter
III, this article 110 or article 111 unless-
 
a. the proposed alteration contained in the Bill has been approved on a
referendum by not less than sixty percent of the votes cast in the
referendum; and
 
b. the Speaker signifies that such approval has been so given.
2. A Bill to alter this Constitution shall, in the long title state that it is a Bill to alter
the Constitution, and shall not be passed by the National Assembly unless it is
supported by the votes of not less 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-
 
a. a reference to this Constitution includes a reference to a law that amends
or replaces any provision of this Constitution; and
 
b. a reference to the alteration of this Constitution includes a reference to the
amendment, modification or reenactment, with or without amendment or
modification, of any provision of this Constitution, the suspension or repeal
of any such provision and the making of different provision in lieu of such
provisions, and the addition of a new provision to this Constitution.

PART IV: PROCEDURES IN THE NATIONAL ASSEMBLY

92. 1. The President may, at any time, attend and address the National Assembly.
2. The President may send a message to the National Assembly and the message
shall be read, at the first convenient sitting of the Assembly after it is received
by the Speaker, by the Vice-President.

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• Legislative oversight of the executive 93. 1. The Vice-President or a Minister may attend meetings of the National
Assembly-
 
a. for the purpose of presenting a Bill and in connection with proceedings in
the Assembly relating to the passing of a Bill;
 
b. for the purpose of dealing with any matters arising in the Assembly, or
explaining to the Assembly any matter, which falls within the
Vice-President's or Minister's responsibility, or
 
c. for the purpose of answering a written question from a member.
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).
• Initiation of general legislation 94. 1. The right to introduce a Bill in the National Assembly may be exercised by the
Vice-President or a Minister or, subject to clause (2), a member.
2. A member may not, pursuant to clause (1), introduce a Bill which provides for
any of the matters specified in article 90.
3. The Speaker shall, after consultation with the President and the Leader of the
Opposition, determine the order of priority for the presentation of Bills to the
National Assembly.
• Quorum for legislative sessions 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.
• Public or private sessions 97. Subject to the Standing Orders meetings of the National Assembly shall be open
to the public and may be broadcast.
• Leader of first chamber 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. A member shall not take part in the proceedings of the National Assembly, other
than the proceedings for the purposes of this article, until the member has taken
and subscribed before the Assembly the oath of allegiance.
100. The National Assembly may act, notwithstanding any vacancy in its
membership, including any vacancy not filled when the Assembly first meets
after an election, and the presence or participation of a person not entitled to be
present at, or to participate in, the proceedings of the Assembly shall not
invalidate the proceedings.

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101. Subject to this Constitution, the National Assembly may make Standing Orders
for the regulation and orderly conduct of its proceedings and the discharge of
business at sittings of the Assembly and for related purposes.
• Immunity of legislators 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. A process issued by a court shall not be served or executed within the
precincts of the National Assembly, as defined by or under an Act.
• Legislative committees 104. 1. The National Assembly shall, as soon as is practicable after the beginning of
• Standing committees
each session of the Assembly, appoint from among its members standing
committees and other committees necessary for the efficient discharge of its
functions and, without prejudice to the foregoing, the National Assembly shall
appoint the following standing committees-
 
a. a Finance and Public Accounts Committee; and
 
b. a Standing Order Committee.
2. The composition of a standing or other committee shall, as far as is practicable,
reflect the strength of the political parties and independent members in the
Assembly but shall otherwise be regulated by the Standing Orders.
3. For the purposes of effectively performing its functions a standing or other
committee may summon any person the committee believes may assist the
committee in the performance of its functions and the committee shall have the
powers, rights and privileges of the Supreme Court for -
 
a. enforcing the attendance of witnesses and examining them on oath,
affirmation or otherwise;
 
b. compelling the production of documents; and
 
c. issuing a commission or request to examine a witness abroad.
4. A debate in the National Assembly may only be initiated in respect of a report or
other matter which falls within the competence of a standing or other
committee by a member of the standing or other committee.
• Compensation of legislators 105. 1. An Act may provide for the salary, allowances and gratuity of member of the
National Assembly.
2. The salary, allowances or gratuity payable to members of the National Assembly
shall be a charge on the Consolidated Fund.
3. A member of the National Assembly elected to the office of Speaker, Deputy
Speaker or the Leader of the Opposition shall not, while holding that office, be
paid the salary, allowances or gratuity payable under clause (1).

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PART V: SESSIONS AND DISSOLUTION OF THE

NATIONAL ASSEMBLY
• Length of legislative sessions 106. 1. 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.
• Dismissal of the legislature 2. The National Assembly shall stand dissolved-
 
a. subject to clause (3), on the day next following the end of the period of five
years referred to in clause (1);
 
b. where a general election is held before the period of five years referred to
in clause (1), on the day next following the declaration of the results of the
election; or
 
c. in accordance with article 110 or article 111.
• Extraordinary legislative sessions 3. Where a period of public emergency subsists at the time when the National
Assembly would stand dissolved under clause (2)(a) National Assembly may, by
resolution approved by a majority of the members of the Assembly, extend the
sessions of the Assembly-
 
a. where there is a declaration of emergency, for not more than six months at
a time but up to a maximum aggregate period of twelve months;
 
b. where Seychelles is at war, for not more than twelve months at a time but
up to a maximum aggregate period of forty-eight months,
and a period of extension shall not extend beyond the duration of the term of
office of the President extended in the same circumstances under this
Constitution.
• Length of legislative sessions 107. The President shall, by Proclamation published in the Gazette, summon the
first meeting of the National Assembly in a session not later that four months
after the end of the immediately preceding session of the Assembly.
108. Subject to article 109, each succeeding meeting of the National Assembly after
the first meeting of the Assembly shall be held at such place and commence at
such time as the Speaker may determine or as may be prescribed by the
Standing Orders.
109. The President may, at any time by Proclamation published in the Gazette,
summon a meeting of the National Assembly.
• Dismissal of the legislature 110. 1. The President may dissolve the National Assembly in accordance with this
article.
• Dismissal of the legislature 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.

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• Dismissal of the legislature 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-
 
a. seven days' notice of the intention to dissolve the Assembly; and
 
b. written notice of the President's intention to resign from office under
article 52(5) on the publication of the Proclamation under this article, by
Proclamation, published in the Gazette, dissolve the National Assembly and
the Assembly shall stand dissolved and the President shall cease to hold
office on the day next following the publication of the Proclamation.
• Dismissal of the legislature 4. Where-
• Referenda
 
a. 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,
 
b. 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.
• Emergency provisions 5. The President shall not dissolve the National Assembly under clause (2) or
• Dismissal of the legislature
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.
• Dismissal of the legislature 111. Where the National Assembly at a meeting summoned for this purpose
resolves by the affirmative votes of not less than two-thirds of the number of
members of the Assembly that the Assembly be dissolved, the National
Assembly shall stand dissolved on the day next following the passing of the
resolution.

CHAPTER VII: ELECTORAL AREAS,

FRANCHISE AND ELECTORAL
COMMISSION
• Electoral districts 112. 1. Subject to this article , Seychelles shall be divided into as many electoral
areas, as may be prescribed, for the purposes of election of members to the
National Assembly and each electoral area shall be represented by one member
of the National Assembly.
2. There shall be not less than nineteen electoral areas on Mahe and two electoral
areas on Praslin, and the Inner Islands shall constitute one electoral area.

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• Electoral commission 3. In determining the number and boundaries of the electoral areas on Mahe and
Praslin the Electoral Commission-
 
a. shall have regard to -
 
i. the boundaries of electoral areas which exist at the time of the
determination by the Commission; and
 
ii. the natural geographical features of Seychelles;
 
b. shall ensure that, each electoral area on Mahe shall have, as nearly as is
practicable, an equal number of inhabitants and each electoral area on
Praslin shall have, as nearly as is practicable, an equal number of
inhabitants.
113. A citizen of Seychelles who is registered as a voter in an electoral area shall be
entitled to vote, in accordance with law, in the electoral areas-
 
a. at an election for the office of President;
 
b. at an election of the members of the National Assembly; or
 
• Referenda c. in a referendum held under this Constitution, unless any circumstances
have arisen which, if the citizen were not so registered, would cause the
citizen to be disqualified under an Act made under article 114(1) on ground
(a) or ground (b) of article 114(1).
• Restrictions on voting 114. 1. A person who is a citizen of Seychelles and has attained the age of eighteen
years is entitled to be registered as a voter unless the person is disqualified from
registration under an Act on the ground of-
 
a. infirmity of mind;
 
b. criminality; or
 
c. residence outside Seychelles.
2. An Act referred to in clause (1) may provide for different grounds of
disqualification with regard to-
 
a. an election for the office of President;
 
b. an election of the members of the National Assembly; and
 
c. a referendum held under this Constitution.
3. A person is not entitled to be registered as a voter in more than one electoral
area.
• Electoral commission 115. 1. There shall be an Electoral Commission which shall perform the functions
conferred upon it by this Constitution any other law.
2. Subject to this Constitution the Electoral Commission shall not, in the
performance of its functions, be subject to the direction or control of any person
or authority.

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• Electoral commission 115A. 1. The Commission shall consist of a Chairperson and four Members all of
whom shall be appointed by the President selected from seven candidates of
proven integrity and high repute, proposed by the Constitutional Appointments
Authority constituted under Article 139 of the Constitution.
• Electoral commission 115B. A person is qualified to be a Chairperson and Members of the Commission if
the person is a citizen of Seychelles who-
 
a. is qualified to be registered as a voter; and
 
b. the person is not a candidate of an election under the Constitution or is not
the President, Vice President, Minister or a Member of the National
Assembly and not an executive office bearer of a political party.
• Electoral commission 115C. 1. The Chairperson and the Members of the Commission shall be appointed
for a term of seven years, and may, at the end of a term, be eligible for
re-appointment.
2. The Chairperson may be writing addressed to the President and a Member who
is not the Chairperson, to the Chairperson resign.
3. A resignation under clause (2) shall have effect on the date it is last received by
any person specified in that clause.
4. The salary, allowances and gratuity payable to the Chairperson and Members of
the Commission shall be prescribed by or under an Act and the salary,
allowances or gratuity shall be a charge on the Consolidate Fund.
5. Subject to article 166, the salary, allowances and gratuity payable to and the
term and other conditions of appointment of the Chairperson and Members of
the Commission shall not be altered to the disadvantage after the appointments.
6. The Commission may regulate its own proceedings and may act notwithstanding
one vacancy in its membership.
• Electoral districts 116. 1. The Electoral Commission-
• Electoral commission
 
a. shall be a responsible for the conduct and supervision of the registration of
voters and of elections and referenda under this Constitution;
 
b. shall keep under continuous review the number and boundaries of the
electoral areas into which Mahe and Praslin are divided having regard to
article 112 (3);
 
c. shall keep under continuous review the practices and working, including
such matters as finance, broadcast and advertising, of political campaigns in
respect of elections and referenda under this Constitution;
 
d. shall have such other functions as may be prescribed by or under this
Constitution or an Act.
 
e. Shall review the existing legislation governing Electoral matters and make
recommendations to the Government.
2. The Electoral Commission shall, within ninety days after each election or
referendum under this Constitution, submit to the National Assembly and the
President a report on the conduct of-
 
a. the political campaign leading up to the election or referendum; and

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b. the election or referendum,
together with such recommendations as the Commission may consider
necessary for the purposes of ensuring true, fair and effective elections and
referenda.
• Electoral districts 3. The Electoral Commission shall, not later that three years after the coming into
force of this Constitution and thereafter three years after the Commission last
submitted a report in terms of clause (1)(b), submit to the National Assembly and
the President a report in terms of clause (1)(b) together with such
recommendations regarding changes in the number or boundaries of the
electoral areas on Mahe and Praslin which the Commission considers necessary
in the circumstances.
• Electoral districts 4. As soon as is practicable within thirty days after the submission of the report
under clause (3) the President shall cause to be laid before the National
Assembly the draft of an order by the President for giving effect to the
recommendations contained in the report relating to changes in the number or
boundaries of the electoral areas referred to in the report and the draft may
make provision for any matter which appears to the President to be incidental to
or consequential upon the other provisions of the draft
• Electoral districts 5. When the draft order laid before the National Assembly under clause (4) is
approved by resolution of the National Assembly, the President shall make an
order, which shall be published in the Gazette in terms of the draft and the order
shall come into force on the next dissolution of the National Assembly after the
order is so published.
• Electoral districts 6. Where the draft order laid before the National Assembly under clause (4) is not
approved by resolution of the National Assembly, the President shall refer the
matter to the Electoral Commission for its consideration.
• Campaign financing 117. An Act shall provide for the regulation and control by the Electoral
• Referenda
Commission of-
 
a. election or referendum expenditures by a political party or person taking
part in an election or referendum;
 
b. contributions to or in favour of a political party or person taking part in an
election or referendum or a cause in relation to an election or referendum;
• Campaign financing 118. An Act shall provide for the registration of political parties, qualifications for
• Restrictions on political parties
entitlement to be registered as a political party, conferment of corporate status
on political parties, the maintenance of a register of political parties by the
Electoral Commission, the submission of accounts and other prescribed
particulars and information to the Commission by a registered political party,
the provision of financial support from public funds to political parties, the
control of financial and other contributions to political parties, the disposal of
the assets of political parties on dissolution and the submission to the National
Assembly by the Electoral Commission of an annual report in respect of the
functions of the Commission under the Act.

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CHAPTER VIII: JUDICIARY

PART I: GENERAL
• Structure of the courts 119. 1. The judicial power of Seychelles shall be vested in the Judiciary which shall
consist of -
 
a. the Court of Appeal of Seychelles;
 
b. the Supreme Court of Seychelles; and
 
c. such other subordinate courts or tribunals established pursuant to article
137.
• Judicial independence 2. The Judiciary shall be independent and be subject only to this Contribution and
the other laws of Seychelles.
3. Subject to this Constitution, Justices of Appeal, Judges and Masters of the
Supreme Court shall not be liable to any proceedings or suit for anything done or
omitted to be done by them in the performance of their functions.
4. An Act establishing a subordinate court or tribunal referred to in clause (1)(c)
may grant to the person exercising judicial functions in the court or tribunal
immunity from proceedings or suit to the extent provided in clause (3).

PART II: COURT OF APPEAL

• Constitutional interpretation 120. 1. There shall be a Court of Appeal which shall, subject to this Constitution,
• Structure of the courts
• Supreme court powers 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.
• Right to appeal judicial decisions 2. Except as this Constitution or an Act otherwise provides, there shall be a right of
• Constitutional interpretation
• Supreme court powers appeal to the Court of Appeal from a judgment, direction, decision, declaration,
decree, writ or order of the Supreme Court.
3. The Court of Appeal shall, when exercising its appellate jurisdiction, have all the
authority, jurisdiction and power of the court from which the appeal is brought
and such other authority, jurisdiction and power as may be conferred upon it by
or under an Act.
4. Subject to this Constitution and any other law, the authority, jurisdiction and
power of the Court of Appeal may be exercised as provided in the Rules of the
Court of Appeal.
5. Proceedings in respect of a matter relating to the application, contravention,
enforcement or interpretation of this Constitution shall take precedence over
other matters before the Court of Appeal.
• Constitutional interpretation 6. Where in respect of any matter before it, the Court of Appeal finds that any law
• Supreme court powers
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.

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121. The Court of Appeal shall consist of-

 
a. a President of the Court of Appeal and two or more other justices of
Appeal; and
 
b. the Judges who shall be ex-officio members of the Court.
• Eligibility for supreme court judges 122. A person is qualified for appointment as, or to discharge the functions of, the
• Supreme court selection
President of the Court of Appeal or a Justice of Appeal if, in the opinion is
suitably qualified in law and can effectively, competently and impartially
discharge the functions of the office of Justice of Appeal under this Constitution.
• Supreme court selection 123. The President shall, by instrument under the Public Seal, appoint the President
of the Court of Appeal and other Justices of Appeal from candidates proposed
by the Constitutional Appointments Authority.
124. 1. Where the office of President of the Court of Appeal is vacant or the
President of the Court of Appeal is for any reason unable to perform the
functions of the office of President of the Court of Appeal-
 
a. until a person has been appointed to and has assumed the functions of that
office; or
 
b. until the person holding the office of President of the Court of Appeal has
resumed the functions of that office,
as the case may be the functions of the office of Presidents of the Court of
Appeal shall be performed by a Justice of Appeal appointed for the purpose by
the President from Justices of Appeal proposed by the Constitutional
Appointments Authority.
2. Where-
 
a. the office of a Justice of Appeal is vacant;
 
b. a Justice of Appeal is for any reason unable to perform the functions of that
office;
 
c. a Justice of Appeal is performing the functions of the President of the Court
of Appeal under clause (1)
 
the President may appoint a person from candidates proposed by the
Constitutional Appointments Authority to act as Justice of Appeal-
 
d. until a person has been appointed to and has assumed the functions of the
office of Justice of Appeal;
 
e. until the person holding the office of Justice of Appeal has resumed the
functions of that office; or
 
f. 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.

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PART III: SUPREME COURT

• Structure of the courts 125. 1. There shall be a Supreme Court which shall, in addition to the jurisdiction
and powers conferred by this Constitution, have-
 
• Constitutional interpretation a. original jurisdiction in matters relating to the application, contravention,
• Supreme court powers
enforcement or interpretation of this Constitution;
 
b. original jurisdiction in civil and criminal matters;
 
• Protection from unjustified restraint c. supervisory jurisdiction over subordinate courts, tribunals and adjudicating
• Judicial precedence
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
 
d. such other original, appellate and other jurisdiction as may be conferred on
it by or under an Act.
2. Proceedings in respect of matters relating to the application, contravention,
enforcement or interpretation of this Constitution shall take precedence over
other matters before the Supreme Court.
3. The Supreme Court shall consist of the Chief Justice the Puisne Judges and,
subject to clause (5), the Masters of the Supreme Court.
4. Subject to article 129, any other law and the Rules of the Supreme Court, a
single Judge or a number of Judges sitting together may exercise the jurisdiction
and powers of the Supreme Court.
5. A Master of the Supreme Court may exercise such limited jurisdiction and
powers of the Supreme Court as may be prescribed by or under an Act or by the
rules of the Supreme Court in respect of interlocutory proceedings.
6. The number of Puisne Judges and Masters of the Supreme Court who may be
appointed shall be prescribed by an Act.
7. For the purposes of clause (1) (c) "adjudicating authority "includes a body or
authority established by law which performs a judicial or quasi-judicial function.
• Eligibility for ordinary court judges 126. 1. A person is qualified for appointment as Judge if-
 
a. the person has been entitled to practice before a court of unlimited original
jurisdiction for not less than seven years; and
 
b. in the opinion of the Constitutional Appointments Authority the person has
shown outstanding distinction in the practice of law and can effectively,
competently and impartially discharge the functions of the office of a Judge
under this Constitution.
2. A person is qualified for appointment as a Master of the Supreme Court if-
 
a. the person has been entitled to practice before a court of unlimited
jurisdiction for not less than five years; and
 
b. in the opinion of the Constitutional Appointments Authority the person has
shown outstanding distinction in the practice of law and can effectively,
competently an impartially discharge the functions of the office of a Master
of the Supreme Court under this Constitution.

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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.
• Ordinary court selection 127. The President shall, by instrument under the Public Seal, appoint the Judges
and Masters of the Supreme Court from candidates proposed by the
Constitutional Appointments Authority.
128. 1. Where the office of Chief Justice is vacant or the Chief Justice is for any
reason unable to perform the functions of the office of Chief Justice-
 
a. until a person has been appointed to and has assumed the functions of that
office; or
 
b. until the person holding that office has resumed the functions of that office,
as the case may be, the functions of the office shall be performed by a Judge
appointed by the President from Judges proposed by the Constitutional
Appointments Authority.
2. Where-
 
a. the office of a Judge is vacant;
 
b. a Judge is for any reason unable to perform the functions of the office of a
judge; or
 
c. the Chief Justice advises the President that the state of business in the
Supreme Court so requires.
 
the President may appoint a person from candidates proposed by the
Constitutional Appointments Authority to act as a Judge-
 
d. until a person has been appointed and has assumed the functions of that
office;
 
e. until the person holding that office has assumed the functions of that office;
or
 
f. until the President, on the advice of the Chief Justice, revokes the
appointment, as the case may be.
3. An appointment under clause (2) (c) may be made without reference to any
numerical limit imposed under article 125(6)

PART IV: CONSTITUTIONAL QUESTIONS

• Constitutional interpretation 129. 1. The jurisdiction an powers of the Supreme Court in respect of matters
• Structure of the courts
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)

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• Constitutional interpretation 130. 1. A person who alleges that any provisions of this Constitution, other than a
• Structure of the courts
• Constitutionality of legislation provision of Chapter III, has been contravened and that the person's interest is
being or is likely to be affected by the contravention may, subject to this article,
apply to the Constitutional Court for redress.
2. The Constitutional Court may decline to entertain an application under clause
(1) where the Court is satisfied that the applicant has obtained redress for the
contravention under any law and where the applicant has obtained redress in
the Constitutional Court for any matter for which an application may be made
under clause (1), a court shall not entertain any application for redress for such
matter except on appeal from a decision of such court.
3. Where the Constitutional Court on an application under clause (1) is satisfied
that adequate means of redress for the contravention alleged are or have been
available to the person concerned in any other court under any other law, the
Court may hear the application or transfer the application to the appropriate
court for grant of redress in accordance with law.
4. Upon hearing an application under clause (1), the Constitutional Court may-
 
a. declare any act or omission which is the subject of the application to be a
contravention of this Constitution;
 
• Constitutionality of legislation b. declare any law or the provision of any law which contravenes this
Constitution to be void;
 
c. grant any remedy available to the Supreme Court against any person or
authority which is the subject of the application or which is a party to any
proceedings before the Constitutional Court, as the Court considers
appropriate.
5. Where the Constitutional Court makes a declaration under clause 4 (b) the
Court shall, subject to any decision in appeal therefrom, send a copy of the
declaration to the President and the Speaker,
6. Where in the course of any proceedings in any court, other than the Court of
Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a
question arises with regard to whether there has been or is likely to be a
contravention of this Constitution, other than Chapter III, the court or tribunal
shall, if it is satisfied that the question is not frivolous or vexatious or has not
already been the subject of a decision of the Constitutional Court or the Court
of Appeal, immediately adjourn the proceedings and refer the question for
determination by the Constitutional Court.
7. Where in an application under clause (1) or where a matter is referred to the
Constitutional Court under clause (6),the person alleging the contravention or
risk of contravention establishes a prima facie case, the burden of proving that
there has not been a contravention or risk of contravention shall, where the
allegation is against the State, be on the State.
8. The Court in which the question referred to in clause (6) arose shall dispose of
the case in accordance with the decision of the Constitutional Court, or if that
decision is the subject of an appeal, in accordance with the decision of the Court
of Appeal.
9. Nothing in this article confers jurisdiction on the Constitutional Court to hear or
determine a matter referred to it under article 51(3) or article 82 (1) otherwise
than upon an application made in accordance with article 51 or article 82.

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PART V: TERMS OF APPOINTMENT OF JUSTICES OF

APPEAL AND JUDGES
131. 1. Subject to article 134, a person holding office of Justice of Appeal or Judge
shall vacate that office-
 
a. on death;
 
b. if the person is removed from office under article 134;
 
c. subject to clause(2), if the person resigns in writing addressed to the
President and to the Constitutional Appointments Authority.
 
• Mandatory retirement age for judges d. in the case of a person who is a citizen of Seychelles, on attaining the age of
seventy years;
 
e. in the case of a person who is not a citizen of Seychelles, at the end of the
term for which the person was appointed;
 
f. if the office is abolished with the consent of the person.
2. A resignation under clause (1)(c) shall have effect on the date on which it is
received by the President.
3. Subject to clause (4), a person who not a citizen of Seychelles may be appointed
to the office of Justice of Appeal or Judge for only one term of office of not more
than seven years.
4. The President may, on the recommendation of the Constitutional Appointments
Authority in exceptional circumstances appoint a person who is not a citizen of
Seychelles and who has already completed one term of office as a Justice of
Appeal or Judge for a second term of office, whether consecutive or not, of not
more than seven years.
132. 1. The office of Justice of Appeal or Judge shall not, without the consent of the
Justice of Appeal or Judge, be abolished during the Justice's of Appeal or Judges'
continuance in office.
2. A person who has been appointed to the office of Justice of Appeal or Judge may
continue in office notwithstanding any change, during the Justice's of appeal or
Judges's term of office, of the qualification for appointment to the office.
3. A justice of Appeal or Judge or a person acting as such pursuant to article 124 or
article 128, whose appointment has terminated otherwise than by reason of
being removed from office under article 134, may continue to sit as a Justice of
Appeal or Judge, or to act as such, for the purpose of giving judgment or
otherwise in relation to any proceedings commenced before the Justice of
Appeal or Judge before the termination of the appointment.
133. 1. The salary, allowances and gratuity payable to a Justice of Appeal or Judge
shall be prescribed by or under an Act and shall be a charge on the Consolidated
Fund.
• Protection of judges' salaries 2. Subject to article 134, the salary, allowances or gratuity payable to and the term
and other conditions of service of a Justice of Appeal or Judge shall not be
altered to the disadvantage of the Justice of Appeal or Judge after appointment.
• Supreme/ordinary court judge removal 134. 1. A Justice of Appeal or Judge may be removed from office only-
 
a. for inability to perform the functions of the office, whether arising from
infirmity of body or mind or from any other cause, or for misbehaviour; and

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b. in accordance with clauses (2) and (3)
2. Where the Constitutional Appointments Authority considers that the question
of removing a Justice of Appeal or Judge from office under clause (1) ought to be
investigated-
 
a. the Authority shall appoint a tribunal consisting of a President and at least
two other members, all selected from among persons who hold or have held
office as a Judge of a court having unlimited original jurisdiction or a court
having jurisdiction in appeals from such a court or from among persons who
are eminent jurists of proven integrity; and
 
b. the tribunal shall inquire into the matter, report on the facts thereof to the
Authority and recommend to the President whether or not the Justice of
Appeal or Judge ought to be removed from office.
3. Where, under clause (2), the tribunal recommends that a Justice of Appeal or
Judge ought to be removed from office, the President shall remove the Justice of
Appeal or judge from office.
4. Where under this article the question of removing a Justice of Appeal or Judge
has been referred to a tribunal, the President may suspend the Justice of Appeal
or Judge from performing the functions of a Justice of Appeal or Judge, but the
suspension-
 
a. may, on the advice of the Constitutional Appointments Authority, be
revoked at any time by the President;
 
b. shall cease to have effect if the tribunal recommends to the President that
the Justice of Appeal or Judge ought not to be removed from office.

PART VI: MISCELLANEOUS

• Oaths to abide by constitution 135. A Justice of Appeal, Judge or Master of the Supreme Court shall, before
entering office, take and subscribe the oath of allegiance and such oath for the
due performance of the functions of the office as may be prescribed by or under
an Act.
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.
• Structure of the courts 137. Acts may-
• Ordinary court selection
 
a. provide for the establishment of courts or tribunals which are subordinate
to the Court of Appeal and Supreme Court, in this article referred to as
"subordinate courts and tribunals",
 
b. provide for the appointment to and removal from office of members of the
subordinate courts and tribunals;
 
c. define or provide for the definition of the jurisdiction and powers of the
subordinate courts and tribunals;

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d. define or provide for the definition of the relationship among the
subordinate courts or tribunals and the relationship between the
subordinate courts or tribunals and the Supreme Court and the Court of
Appeal;
 
e. provide for the making of rules in respect of the subordinate courts and
tribunals.
138. The Supreme Court shall have, and use as occasion requires, a seal bearing on
it the device of the Public Seal of Seychelles surrounded by the words "Seal of
the Supreme Court of Seychelles"

CHAPTER IX: CONSTITUTIONAL

APPOINTMENTS AUTHORITY

139. 1. There shall be a Constitutional Appointments Authority which shall perform

the functions conferred upon it by this Constitution and any other law.
2. Subject to this Constitution, the Constitutional Appointments Authority shall
not, in the performance of its functions, be subject to the direction or control of
any person or authority.
140. 1. The Constitutional Appointments Authority shall consist of three members
appointed as follows-
 
a. the President and the Leader of the Opposition shall each appoint one
member;
 
b. subject to clause (3), the two members appointed under paragraph (a) shall,
within twenty-one days of their appointment, by agreement, appoint the
third member who shall also be the Chairman of the Authority.
2. The President or the Leader of the Opposition shall within seven days after the
person whom the President or Leader of the Opposition has appointed under
clause (1)(a) ceased to be a member of the Constitutional Appointments
Authority, appoint another person as member of the Authority.
3. Where the two members of the Constitutional Appointments Authority
appointed under clause (1) (a) or clause (4)(a) or (b) fail to appoint or are unable
to agree on the appointment of the third member and Chairman of the
Authority, the two members shall, within fourteen days after the end of the
period specified in clause (1)(b), propose a list of not less than two and not more
than three candidates for the office of member and chairman of the Authority to
the President and the President shall within seven days after receiving the list of
candidates, appoint one of the candidates proposed as member and Chairman of
the Authority.
4. Where-
 
a. the President or the Leader of the Opposition fails to appoint a member of
the Constitutional Appointments Authority within the prescribed time, the
Speaker shall appoint the member;
 
b. the President and the Leader of the Opposition fail to appoint a member of
the Constitutional Appointments Authority within the prescribed time, the
appointment shall be made by the National Assembly;

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c. the two members of the Constitutional Appointments Authority appointed
under clause 1 (a) or sub-clause (a) or (b) of this clause fail to propose a list
of candidates for the office of member and Chairman of the Authority to
the President within the time prescribed in clause (3), the National
Assembly shall propose the list of candidates to the President who shall
within 7 days after receiving the list appoint one of the candidates as
member and Chairman of the Authority;
 
d. the President fails to appoint the third member and Chairman of the
Authority within the time prescribed in clause (3) or subclause (c) of this
clause, the National Assembly shall appoint the third member and
Chairman;
 
e. the third member and Chairman of the Constitutional Appointments
Authority ceases to hold office other than by expiration of the period of
office, clause (1)(b) and (3) and this clause shall apply to the appointment of
the third member and Chairman as if the period specified in clause (1) (b)
begins on the date the member and Chairman ceases to hold office.
141. A person is qualified to be a member of the Constitutional Appointments
Authority if the person is a citizen of Seychelles who-
 
a. has held judicial office in a court of unlimited original jurisdiction; or
 
b. is of proven integrity and impartiality who has served with distinction in a
high office in the Government of Seychelles or under this Constitution or in
a profession or vocation.
142. 1. A person shall be appointed a member of the Constitutional Appointments
Authority for a term of seven years and subject to any law, may, at the end of a
term, be reappointed for further terms of office.
2. A person holding office as member of the Constitutional Appointments
Authority may, by writing addressed to the President and Leader of Opposition,
and, in the case of a member who is not the Chairman, to the Chairman, resign.
3. A resignation under clause (2) shall have effect on the date it is last received by
any person specified in that clause..
4. The salary, allowances and gratuity payable to a member of the Constitutional
Appointments Authority shall be prescribed by or under an Act and the salary,
allowances or gratuity shall be a charge on the Consolidated Fund.
5. Subject to article 166, the salary, allowances and gratuity payable to and the
term and other conditions of appointment of a member of the Constitutional
Appointments Authority shall not be altered to the disadvantage of the member
after the appointment.
6. The Constitutional Appointments Authority may regulate its own proceedings
and may act notwithstanding one vacancy in its membership.

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CHAPTER X: OMBUDSMAN
• Ombudsman 143. 1. There shall be an Ombudsman who shall be appointed by the President from
candidates proposed by the constitutional Appointments Authority.
2. A person is qualified for appointment as Ombudsman if-
 
a. the person is a citizen of Seychelles;
 
b. the person is of proven integrity and impartiality;
 
c. the Constitutional Appointments Authority is of the opinion that the
person possesses demonstrated competence and experience and can
effectively discharge the functions of the office of Ombudsman; and
 
d. the person is not a member of the National Assembly or Judiciary or a
Minister or the Vice-President or a candidate in an election under this
Constitution or has been designated as a candidate's Vice-President at an
election for President.
3. Subject to this Constitution, the Ombudsman shall not, in the performance of
the office of Ombudsman, be subject to the direction or control of any person or
authority.
4. The person holding office as Ombudsman shall not hold any other public office
of emolument or engage in any occupation for reward outside the functions of
the office of Ombudsman which might compromise the integrity, impartiality
and independence of that office.
5. Schedule 5 shall have effect with regard to the Ombudsman.
6. An Act may provide for any matter, not otherwise provided for under this
article, necessary or expedient for the purpose of ensuring the independence,
impartiality and effectiveness of the office of Ombudsman.
• Ombudsman 144. 1. A person shall be appointed to the office of Ombudsman for a term of seven
years, and is eligible for reappointment at the end of the term.
2. A person holding the office of Ombudsman shall vacate the office on death, if the
person, by writing addressed to the President, resigns or if the person is
removed from office or at the end of a term of office.
3. Where a person holding office as Ombudsman resigns, the resignation has effect
on the date it is received by the President.
4. The salary, allowances and gratuity payable to the Ombudsman shall be
prescribed by or under an Act and the salary, allowances or gratuity so payable
shall be a charge on the Consolidated Fund.
5. Subject to article 165, the salary, allowances or gratuity payable to and the term
of office and other conditions of service of the Ombudsman shall not be altered
to the disadvantage of the Ombudsman after appointment.

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CHAPTER XI: PUBLIC SERVICE APPEAL

BOARD

145. 1. There shall be a Public Service Appeal Board which shall perform the
functions conferred upon it by this Constitution and any other law.
2. Subject to this Constitution, the Public Service Appeal Board shall not, in the
performance of its functions, be subject to the direction or control of any person
or authority.
146. 1. The Public Service Appeal Board shall hear complaints by persons aggrieved
by-
 
a. an appointment made to an office;
 
b. a promotion to an office;
 
c. disciplinary proceedings taken in respect of an officer;
 
d. the termination of appointment of a person who was holding an office;
 
e. any decision relating to the qualification of a person who has applied for an
office or is serving in an office, in the public service
2. Clause (1) shall not apply to an office the appointment to which falls within the
competence of the Constitutional Appointments Authority or an office referred
to in article 62(3) or any other law.
3. The Public Service Appeal Board may refuse to consider a complaint where it is
of the opinion that-
 
a. it is frivolous, vexatious or trivial or made in bad faith; or
 
b. the making of the complaint has, without reasonable cause, been delayed
for more than six months, or the complaint is the subject of proceedings
before the court.
4. Where after considering a complaint the Public Service Appeal Board is of the
opinion that the complainant has been aggrieved as alleged in the complaint, the
Board shall order the public authority concerned to take such appropriate action
as is specified in the order within the time specified in the order and where the
public authority fails to comply with the order the Board shall make a report to
the National Assembly.
5. The Public Service Appeal Board shall, in addition to any report it may make
under clause (4), make, before the 31st January of each year, a report to the
National Assembly in respect of the performance of its functions during the
immediately preceding year.
6. A complaint made under this article shall not affect the right of the complainant
or other person to take legal or other proceedings under any other law.
7. For the purposes of this article-
 
• "body" means a body of persons whether corporate or incorporate;
 
• "public service" means service under a public authority;

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• "public authority" means a Ministry, department, or division of the
Government.
147. 1. The public Service Appeal Board shall, for the purposes of performing its
functions under this Chapter, have the power to compel the attendance of
witnesses, examine witnesses on oath or otherwise, call for and examine any
relevant record and inspect any premises.
2. Paragraph 4 of Schedule 5 shall apply to an investigation by the Public Service
Appeal Board as it applies to an investigation by the Ombudsman.
3. The Public Service Appeal Board may regulate its own proceedings and may act
notwithstanding one vacancy in its membership.
4. An Act may provide for any matter, not otherwise provided for in this Chapter,
in relation to the Public Service Appeal Board.
148. 1. The Public Service Appeal Board shall consist of three members appointed
as follows-
 
a. the President and the Leader of the Opposition shall each appoint one
member;
 
b. subject to clause (3), the two members appointed under paragraph (a) shall,
within twenty-one days of their appointment, by agreement, appoint the
third member who shall also be the Chairman of the Board.
2. The President or the Leader of the Opposition shall within seven days after the
person whom the President or Leader of Opposition has appointed under clause
(1) (a) ceased to be a member of the Public Service Appeal Board, appoint
another person as member of the Board.
3. Where the two members of the Public Service Appeal Board appointed under
clause (1)(a) or clause 4(a) or (b) fail to appoint or are unable to agree on the
appointment of the third member and Chairman of the Board, the two members
shall, within fourteen days after the end of the period specified in clause (1) (b),
propose a list of not less than two and not more than three candidates for the
office of member and Chairman of the Board to the President and the President
shall within seven days after receiving the list of candidates, appoint one of the
candidates proposed as member and Chairman of the Board.
4. Where-
 
a. the President or the Leader of the Opposition fails to appoint a member of
the Public Service Appeal Board within the prescribed time, the Speaker
shall appoint the member;
 
b. The President and the Leader of the Opposition fail to appoint a member of
the Public Service Appeal Board within the prescribed time, the
appointment shall be made by the National Assembly;
 
c. the two members of the Public Service Board appointed under clause (1)(a)
or subclause (a) or (b) of this clause fail to propose a list of candidates for
the office of member and Chairman of the Board to the President within
the time prescribed in clause (3), the National Assembly shall propose the
list of candidates to the President who shall within 7 days after receiving
the list appoint one of the candidates as member and Chairman of the
Board;

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d. the President fail to appoint the third member and Chairman of the Public
Service Appeal Board within the time prescribed in clause(3), the National
Assembly shall appoint the third member and chairman;
 
e. the third member and Chairman of the Public Service Appeal Board ceases
to hold office other than by expiration of the period of office, clauses (1)(b)
and (3) and this clause shall apply to the appointment of the third member
and Chairman as if the period specified in clause (1) (b) begins on the date
the member and Chairman ceases to hold office.
149. A person is qualified to be a member of the public Service Appeal Board if the
person is a citizen of Seychelles who-
 
a. is of proven integrity and impartiality who has served with distinction in a
high office in the Government of Seychelles or under this Constitution or in
a profession or vocation and
 
b. is not a member of the National Assembly or a Minister or the President or
a candidate to an election under this Constitution.
150. 1. A person shall be appointed a member of the Public Service Appeal Board
for a term of seven years and subject to any law, may, at the end of a term, be
reappointed for further terms of office.
2. A person holding office as a member of the Public Service Appeal Board may, by
writing addressed to the President and Leader of Opposition, and, in the case of
a member who is not the Chairman, to the Chairman, resign.
3. A resignation under clause (2) shall have effect on the date it is last received by
any person specified in that clause.
4. The salary, allowances and gratuity payable to a member of the Public Service
Appeal Board shall be prescribed by or under an Act and the salary, allowances
or gratuity so payable shall be a charge on the on the Consolidated Fund.
5. Subject to article 166, the salary, allowances and gratuity payable to and the
term and other conditions of appointment of a member of the Public Service
Appeal Board shall not be altered to the disadvantage of the member after the
appointment.
6. The Public Service Appeal Board may regulate its own proceedings and may
notwithstanding one vacancy in its membership.

CHAPTER XII: FINANCE

151. There shall be a Consolidated Fund into which shall be paid all revenues or
other moneys raised or received for purposes or on behalf of the Republic, not
being revenues or other moneys that are payable by or under an Act for some
specific purpose or into some other fund established under an Act for a specific
purpose.
152. 1. No moneys shall be withdrawn from the Consolidated Fund except-
 
a. to meet expenditure that is charged on the Fund by this Constitution or by
an Act; or
 
• Spending bills b. Where the issue of those moneys has been authorised-

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i. by an Appropriation Act;
 
ii. by a supplementary estimate approved pursuant to article 154(7) by
resolution of the National Assembly passed in that behalf of; or
 
iii. Under article 155.
2. No moneys shall be withdrawn from any public fund, other than the
Consolidated Fund, unless the issue of those moneys has been authorised by or
under an Act.
153. The public debt of Seychelles shall be a charge on the Consolidated Fund and
other public funds established by or under this Constitution.
• Spending bills 154. 1. The Minister shall, not later that the thirtieth day after the beginning of each
financial year, lay before the National Assembly the estimates of revenue and
expenditure of the Government for the financial year.
2. The Minister shall, before presenting the estimates under clause (1), obtain the
approval of the Cabinet in respect of the estimates.
3. The estimates referred to in clause (1) shall include-
 
a. a statement of the public debt at the beginning of the financial year
showing-
 
i. a bilateral, multilateral, institutional and commercial debts;
 
ii. whether the debt in each case referred to in subparagraph (i) is foreign
or domestic;
 
iii. in the case of a domestic debt, the type and aggregate amount of the
debt instrument issued;
 
b. a statement of the expected debt at the end of the financial year;
 
c. a profile of the debt repayment and servicing requirement for the next ten
subsequent financial years;
 
• Central bank d. a statement of the outstanding guarantees given by the Government and
the Central Bank of Seychelles;
 
e. a statement of official reserves, clearly identifying the reserves held at the
beginning of the financial year by the Central Bank, the Government and
the banking section in aggregate, the expected holdings by the Central
Bank, Government and banking sector at the end of the financial year and
the extent to which the official reserves are expected to be drawn down or
increased during the financial year;
 
f. a statement of the fiscal outcome and effect showing a full abstract of the
Consolidated Fund for the immediately preceding financial year.

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

 
a. the estimates of expenditures required to meet expenditures charged on
the Consolidated Fund; and
 
b. the sums required to meet other expenditures during the financial year.
5. The heads of expenditures referred to in clause (4)(b) shall be included in a Bill,
to be known as the Appropriation Bill, which shall be introduced in the National
Assembly to provide for appropriation from the Consolidated Fund of the sums
of money necessary to meet the expenditures.
6. Where, in respect of any financial year, it is found-
 
a. that the amount appropriated by the Appropriation Act for any purpose is
insufficient or that a need has arisen for expenditure for a purpose for
which no amount has been appropriated by that Act; or
 
b. that any moneys have been expended for any purpose in excess of the
amount appropriated for that purpose by that Act or for a purpose for
which no amount has been appropriated by that Act, a supplementary
estimate, showing the sum of money required or spent, shall be laid before
the National Assembly.
7. Where, in respect of any financial year, a supplementary estimate laid before the
National Assembly in accordance with clause (6) has been approved by
resolution by the National Assembly, a supplementary Appropriation Bill shall
be introduced in the Assembly in the financial year next following the year to
which the estimate relates, providing for the appropriation of the sums so
approved for the purposes specified in that estimate.
8. The Minister shall, after approval by the Cabinet and within ninety-one days
after the end of each financial year, provide to the National Assembly in respect
of that year-
 
a. full details of all accounts maintained in respect of the Consolidated Fund
showing amounts actually received and spent in that year;
 
b. statements of fiscal outcome and effect showing separately actual
components of fiscal outcome, position and effect, and, in the case of fiscal
effect, separate disclosure shall be made of actual additional borrowings,
movements in cash balances, of the Central Bank of Seychelles and other
bank and non-bank borrowings;
 
c. a statement of actual outstanding debt at the end of the financial year
showing separately bilateral, multilateral, institutional, foreign and
domestic debt, type and aggregate amounts of debt instruments
outstanding and in the case of new or restructured debt or debt in default, a
separate disclosure giving full details thereof;
 
d. statements of outstanding guarantees given by Government and the
Central Bank of Seychelles showing separately guarantees that have been
renewed, new guarantees given and guarantees that have been called up
and, details of such guarantees together with a statement of guarantees
that have expired during the financial year.

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e. a statement of actual official reserves identifying those held by the Central
Bank of Seychelles and there shall be shown separately the extent to which
those reserves are borrowed or encumbered in any way;
 
f. as far as is practicable, a statement of assets and liabilities of the
Government at the end of the financial year; and
 
g. such other statements as the Minister may think fit.
9. For the purposes of this Chapter,
 
• "financial year" means any period of twelve months beginning on 1st
January in any year or any other date as may be prescribed by or under an
Act;
 
• "Minister" means the Minister responsible for finance and includes the
Vice-President where the Vice-President is responsible for the Ministry or
department of finance.
155. Where the Appropriation Act in respect of any financial year has not come into
operation by the beginning of the financial year, the National Assembly by
resolution may authorise the withdrawal of moneys from Consolidated Fund for
the purpose of meeting expenditure necessary to carry on the service of the
Government until the expiration of four months from the beginning of the
financial year or the coming into operation of that Appropriation Act, whichever
is the earlier.
156. 1. Provision may be made in an Act for the establishment of a Contingencies
Fund and for authorizing the Minister, if the Minister is satisfied that there is an
urgent and unforeseen need for expenditure for which no other provision exists,
to make advances from that Fund to meet that need.
2. Where any advance is made from the Contingencies Fund, a supplementary
estimate shall, as soon as is practicable, be laid before the National Assembly for
the purpose of authorizing the replacement of the amount so advanced.
3. An Act may provide for establishment of other funds for any purpose specified
in the Act.
• Tax bills 157. 1. Subject to this article, no taxation shall be imposed or altered except by or
under an Act.
2. An Act may make provision under which the President or a Minister may by
order provide that on or after the publication of a Bill, being a Bill approved by
the President, that it is proposed to introduce in the National Assembly
providing for the imposition or alteration or taxation, such provisions of the Bill
as may be specified in the order shall, until the Bill becomes law, have the force
of law for such period and subject to such conditions as may be prescribed by an
Act.
3. An order made under clause (2) shall, unless sooner revoked, cease to have
effect-
 
a. if the Bill to which it relates is not passed within such period from the date
of its first reading in the National Assembly as may be prescribed by an Act;
 
b. if, after the introduction of the Bill to which it relates, the National
Assembly is dissolved; or

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c. at the expiration of a period of four months from the date the order came
into operation, or such longer period from that date as may be specified in
any resolution passed by the National Assembly, after the Bill to which it
relates has been introduced.
158. 1. There shall be an Auditor-General who shall be appointed by the President
from candidates proposed by the Constitutional Appointment Authority.
2. A person shall not be appointed Auditor-General unless the person has not less
than seven years experience as an auditor or qualified accountant.
3. The accounts of the Cabinet office, the National Assembly, all government
departments and offices, all courts and those related to moneys withdrawn from
the Consolidated Fund, all the accounts of any statutory corporation or such
other body as may be specified by or under an Act shall be audited and reported
on by the Auditor-General to the National Assembly and for that purpose the
Auditor-General or any person authorised or appointed in that behalf by the
Auditor-General shall have access to all books, records, returns, information and
other documents relating or relevant to those accounts.
4. The public accounts of Seychelles and of all other persons or bodies referred to
in clause (3) shall be kept in such form as the Auditor-General shall approve.
5. The Auditor-General shall, within twelve months of the end of the immediately
preceding financial year, submit the report referred to in clause (3) to the
National Assembly and shall in that report draw attention to irregularities in the
accounts audited and to any other matter which in the opinion of the
Auditor-General ought to be brought to the notice of the Assembly.
6. The Finance and Public Accounts Committee of the National Assembly shall
consider the report of the Auditor General and, for that purpose, may summon
before the Committee any person who, in the opinion of the Committee, may
assist the Committee in its consideration of the report.
7. The Auditor-General shall, in the performance of the functions of the office of
Auditor-General, not be subject to the direction or control of any other person
or authority, but the President or the National Assembly may request the
Auditor General in the public interest, to audit at any particular time, the
accounts of any persons or bodies referred to in clause (3)
8. The Auditor-General shall be appointed for a term of seven years but is eligible
for reappointment at the end of a term of office.
9. The salary, allowances, gratuity or pension payable to the Auditor- General shall
be provided for by or under an Act and shall be a charge on the Consolidated
Fund.
10. The Act referred to in clause (9) may provide for other conditions of service of
the Auditor -General.
11. Subject to article 165, the term and other conditions of service of the
Auditor-General shall not be altered to the disadvantage of the Auditor-General
after appointment.

CHAPTER XIII: THE POLICE FORCE

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

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

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160. 1. The Police Force shall be commanded by the Commissioner of Police who
shall be appointed by the President subject to approval by the National
Assembly.
2. Nothing in this article shall be construed as precluding the assignment to a
Ministry or Department of Government of responsibility for the organisation,
maintenance and administration of the Police Force, but the Commissioner of
Police shall be responsible for determining the use, and controlling the
operations of the Force in accordance with law.
161. The functions of the Police are-
 
a. to maintain law and order in and preserve the internal security of
Seychelles and any other area over which the Republic has proclaimed its
jurisdiction;
 
b. to prevent and detect crime in Seychelles and over any other area over
which the Republic has proclaimed its jurisdiction; and
 
c. to perform such other functions as may be prescribed by an Act.

CHAPTER XIV: DEFENCE FORCES

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

• Designation of commander in chief 2. The President shall be the Commander-in-Chief of the Defence Forces.
• Selection of active-duty commanders 3. Subject to this Constitution, the Defence Forces shall be organized and
administered in such manner as may be provided for by or under an Act and the
Act may, in particular, provide for charges of indiscipline and other offences
among members of the Defence Forces to be investigated, prosecuted and
punished.
163. 1. The Functions of the Defence Forces are-
 
a. to defend Seychelles and any other area over which the Republic has
proclaimed its jurisdiction;
 
b. to assist in the fulfilment by the Republic of its international obligations;
 
c. during a period of emergency, to provide assistance to civil authorities
 
i. in a civil disaster; or
 
ii. in the restoration and maintenance of public order and security on
being called out by the President,
 
in Seychelles or in any other area over which the Republic has proclaimed
its jurisdiction; and
 
d. to perform as directed by the President functions and services of a civil
nature so as to participate to maximum extent in the task of national
development and improvement, in accordance with or under an Act.

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2. In this article "period of emergency" means a period of public emergency in

terms of article 49.

CHAPTER XV: MISCELLANEOUS

• Referenda 164. 1. An Act shall provide for the holding of a referendum for the purposes of this
Constitution or any other purpose or any circumstance prescribed by the Act.
2. An Act referred to in clause (1) may provide for all matters necessary for the
purpose of ensuring an effective and fair referendum.
• Attorney general 165. 1. This article applies to the Attorney-General, the Auditor-General, the
• Electoral commission
• Ombudsman Members of the Electoral Commission and the Ombudsman.
2. Any officer to whom this article applies may be removed from office only-
 
a. for inability to perform the functions of the office, whether arising from
infirmity of body or mind or from any other cause, or for misbehaviour; and
 
b. in accordance with clauses (3) and (4).
3. Where the Constitutional Appointments Authority considers that the question
of removing any officer to whom this article applies ought to be investigated-
 
a. the Authority shall appoint a tribunal consisting of a President and not less
than 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 are eminent jurists
of proven integrity; and
 
b. the tribunal shall inquire into the matter, report on the facts thereof and
recommend to the President whether or not the officer ought to be
removed from office.
4. Where under clause (3), a tribunal recommends that an officer to whom this
article applies ought to be removed from office, the President shall remove the
officer from office.
5. Where under this article the question of removing an officer to whom the article
applies has been referred to a tribunal, the President may suspend the officer
from performing the functions of the office but the suspension shall cease to
have effect if the tribunal recommends to the President that the officer ought
not to be removed from office.
166. 1. A member of the Constitutional Appointments Authority or a member of the
Public Service Appeal Board, in this article referred to as a "Commissioner", may
be removed from office only-
 
a. for inability to perform the functions of the office, whether arising from
infirmity of body or mind or from any other cause or for misbehaviour; and
 
b. in accordance with clauses (2) and (3).
2. A Commissioner shall be removed from office by the President where the
question of the removal of the Commissioner from office has been referred to a
tribunal appointed under clause (3) and the tribunal has recommended to the
President that the Commissioner ought to be removed from office.

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3. Where a resolution is passed by the votes of the majority of the members of the
National Assembly that the question of removing a Commissioner ought to be
investigated
 
a. the Speaker shall appoint a tribunal consisting of a President and not less
than two other members all selected from persons who 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 are eminent jurists of proven
integrity; and
 
b. the tribunal shall inquire into the matter and report on the facts thereof
and recommend to the President whether the Commissioner ought to be
removed from office.
4. Where under this article the question of removing a Commissioner has been
referred to a tribunal, the President may suspend the Commissioner from
performing the functions of the office but the suspension shall cease to have
effect if the tribunal recommends to the President that the Commissioner ought
not to be removed from office.
167. 1. A law may, for the purpose of facilitating the administrative functions of the
State in respect of its social and economic undertakings contained in Chapter III,
provide for the division of Seychelles into such number of units which shall bear
such name as the law may specify.
2. A law referred to in clause (1) may provide for the composition and the functions
of the units and for all other matters necessary to give effect to the provisions of
that clause.
• State operation of the media 168. 1. The State shall ensure that all broadcasting media which it owns or controls
or which receive a contribution from the public fund are so constituted and
managed that they may operate independently of the State and of the political
or other influence of other bodies, persons or political parties.
2. For the purposes of clause (1), the broadcasting media referred to in that clause
shall, subject to this Constitution and any other law, afford opportunities and
facilities for the presentation of divergent views.
• Oaths to abide by constitution 169. 'Schedule 6' shall have effect with regard to the oath of allegiance and the
Presidential oath under this Constitution and a law may provide for any other
oath required under this Constitution.

CHAPTER XVI: TRANSITIONAL

PROVISIONS
• Transitional provisions
170. The transitional provisions specified in Schedule 7 shall have effect
notwithstanding anything to the contrary in this Constitution or in the
Constitution of Seychelles (Preparation and Promulgation) Act, 1992.

SCHEDULE 1

PART I: ISLANDS OF THE SEYCHELLES ARCHIPELAGO

Granitic Islands

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Mahe
Praslin
La Digue
Ste. Anne
Ile au Cerf
Ile Longue
Ile Moyenne
Ile Ronde
Grand Rocher
Ile Cachee
Ile Seche
Ile Anonyme
Ile Hodoul
Ile aux Rats
Ile aux Souris
Ile Therese
Conception
L'Islette
Chauve Souris (Mahé)
Ile aux Vaches Marines
L'Ilot
Cousin
Cousine
Curieuse
Ile Ronde (Praslin)
Chauve-Souris (Praslin)
Ile aux Fous
St. Pierre (Praslin)
Ile Aride
Zave
Félicité
Marianne
Grande Soeur
Petite Soeur
Ile aux Cocos
Ile La Fouche
Silhouette
Ile du Nord
Mamelles

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Ile aux Récifs

Fregate
L'Ilot (Fregate)

Coralline Islands
Ile aux Vaches (Bird Island)
Ile Denis
Ile Plate
Coëtivy
Amirantes Group:
Rémire
D'Arros
Desroches
Etoile
Boudeuse
Marie-Louise
Desnoeufs
African Banks:
Bancs Africains
Ile du Sud
St. Joseph's Atoll:
St Joseph
Ile aux Fouquets
Ressource
Petit Carcassaye
Grand Carcassaye
Benjamin
Bancs Ferrari
Chiens
Pélicans
Vars
Ile Paul
Banc de Sable
Bancs aux Cocos
Ile aux Poules
Poivre Atoll:
Poivre
Florentin
Ile du Sud

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Alphonse and St.François Atolls:

Alphonse
Bijoutier
St. François
Farquar Group:
Farquar Atoll:
Ile du Nord
Ile du Sud
Manahas Nord
Manahas Milieu
Manahas Sud
Ile aux Goëlettes
Lapins
Ile du Milieu
Déposés
Bancs de Sable
Providence Atoli:
Providence
Bancs Providence
St Pierre
Aldabra Group:
Aldabra Atoll:
Grande Terre
Picard
Polymnie
Malabar
Ile Michel
Ile Esprit
Ile aux Moustiques
Ilot Parc
Ilot Emile
Ilot Yangue
Ilot Magnan
Ile Lanier
Champignon des Os
Euphrate
Grande Mentor
Grand Ilot
Gros Ilot Gionnet

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Gros Ilot Sésame

Heron Rock
Hide Island
Ile aux Aigrettes
Ile aux Cedres
Iles Chalands
Ile Fangame
Ile Heron
Ile Michel
Ile Suacco
Ile Sylvestre
Ile Verte
Ilot Deder
Ilot du sud
Ilot du Milieu
Ilot du Nord
Ilot Dubois
Ilot Macoa
Ilot Marquoix
Ilots Niçois
Ilot Salade
Middle Row Island
Noddy Rock
North Row Island
Petit Mentor
Petit Mentor Endans
Petits Ilots
Pink Rock
Table Ronde
Cosmoledo Atoll:
Menai
Ile du Nord
Ile Nord-Est
Ile du Trou
Goëlettes
Grand Polyte
Petit Polyte
Grand Ile (Wizard)
Pagode

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Ile du Sud-Ouest
Ile aux Moustiques
Ile Baleine
Ile aux Chauve-Souris
Ile aux Macaques
Ile aux Rats
Ile du Nord-Ouest
Ile Observation
Ile Sud-Est
Ilot la Croix
Astove
Assomption

PART II: INNER AND OUTER ISLANDS

INNER ISLANDS
La Digue
Félicité
Marianne
Grande Soeur
Petite Soeur
Ile aux Cocos
Ile la Fouche
Silhouette
Ile du Nord
Mamelles
Ile aux Recifs
Frégate
L'Ilot (Frégate)
Ile aux Vaches (Bird Island)

OUTER ISLANDS
Ile Plate
Coetivy
Amirantes Group:
Rémire
D'arros
Desroches
Etoile

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Boudeuse
Marie-Louise
Desnoeufs
African Banks:
Bancs Africains
Ile du Sud
St. Joseph's Atoll:
St Joseph
Ile aux Fouquets
Ressource
Petit Carcassaye
Grand Carcassaye
Benjamin
Bancs Ferrari
Chiens
Pélicans
Vars
Ile Paul
Banc de Sable
Bancs aux Cocos
Ile aux Poules
Poivre Atoll:
Poivre
Florentin
Ile du Sud
Alphonse and St.FranÁois Atolls:
Alphonse
Bijoutier
St FranÁois
Farquhar Group:
Farquhar Atoll:
Ile du Nord
Ile du Sud
Manahas Nord
Manahas Milieu
Manahas Sud
Ile aux Go"lettes
Lapins
Ile du Milieu

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Déposés
Bancs de Sable
Providence Atoll:
Providence
Bancs Providence
St.Pierre
Aldabra Group:
Aldabra Atoll:
Grande Terre
Picard
Polymnie
Malabar
Ile Michel
Ile Esprit
Ile aux Moustiques
Ilot Parc
Ile Emile
Ilot Yangue
Ilot Magnan
Ile Lanier
Champignon des Os
Euphrate
Grande Mentor
Grand Ilot
Gros Ilot Gionnet
Gros Ilot Sésame
Heron Rock
Hide Island
Ile Aux Aigrettes
Ile aux Cedres
Iles Chalands
Ile Fangame
Ile Héron
Ile Michel
Ile Suacco
Ile Sylvestre
Ile Verte
Ilot Déder
Ilot du Sud

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Ilot du Milieu
Ilot du Nord
Ilot Dubois
Ilot Macoa
Ilot Marquoix
Ilots NiÁois
Ilot Salade
Middle Row Island
Noddy Rock
North Row Island
Petit Mentor
Petit Mentor Endans
Petit Ilots
Pink Rock
Table Ronde
Cosmoledo Atoll:
Menai
Ile du Nord
Ile Nord-Est
Ile du Trou
Go"lettes
Grand Polyte
Petit Polyte
Grand Ile (Wizard)
Pagode
Ile du Sud-Ouest
Ile aux Moustiques
Ile Baleine
Ile aux Chauve- Souris
Ile aux Macaques
Ile aux Rats
Ile du Nord-Ouest
Ile Observation
Ile Sud-Est
Ilot la Croix
Astove
Assomption

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SCHEDULE 2: PRINCIPLES OF
INTERPRETATION

1. 1. In this Constitution, unless the context otherwise requires-

 
• "Act" means a law made pursuant to article 86;
 
• "Consolidated Fund" means the fund by that name established by article
151;
 
• "court" means a court of competent jurisdiction established by or under the
authority of this Constitution;
 
• "designated Minister" means the Minister designated under article 75;
 
• "directly elected member" means a member of National Assembly such as is
referred to in article 78 (a);
 
• "Electoral Commission" or Commission" means the Electoral Commission
established under article 115;
 
• "financial year" means the period of twelve months beginning on the first
day of January in any year, or on such other day as may be prescribed by an
Act;
 
• "functions" includes powers and duties;
 
• "the Gazette" means such publication as may for the time being be
appointed by the President to be the publication in which Government
notices are published by authority, and includes any statements thereto in
which Government notices are published;
 
• "Independence Day" means the 29th day of June, 1976;
 
• "the Inner and Outer Islands" means the islands described as such in Part II
of Schedule 1;
 
• "Judge" means the Chief Justice or a Puisne Judge;
 
• "Justice of Appeal" means a Justice of the Court of Appeal established by
article 120;
 
• "law" includes any instrument that has the force of law and any unwritten
rule of law;
 
• "member" means a member of the National Assembly;
 

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• "National Assembly", "Assembly" means the National Assembly established

by this Constitution;
 
• "oath of allegiance" means the oath of allegiance prescribed in this
Constitution;
 
• "person" includes any company or association or body of persons whether
corporate or unincorporate;
 
• "political party" means a party registered as such in the manner prescribed
by or under an Act;
 
• "prescribed" means prescribed by law;
 
• "proportionately elected member" means a member such as is referred to
in article 78 (b);
 
• "public authority" means a Ministry, department, division or agency of the
Government or a statutory corporation or a limited liability company which
is directly or ultimately under the control of the Government or any other
body which is carrying out a governmental function or service or a body or
person specified by an Act;
 
• "public office" means an office of emolument in the public service;
 
• "public officer" means, subject to paragraph 4, a person holding or acting in
a public office;
 
• "The Public Service" means, subject to paragraph 4, the service of the
Government of Seychelles in a civil capacity;
 
• "Speaker" means the Speaker of the National Assembly;
 
• "Standing Orders" means the rules of practice and procedure of the
National Assembly made under article 101;
 
• "subordinate court" means any court other than-
 
a. the Court of Appeal; or
 
b. the Supreme Court.
2. Unless the context otherwise requires, where an expression is defined in this
Schedule or otherwise in this Constitution then, for that purpose, all
grammatical variations and cognate and related expressions shall be understood
in the same sense.
2. In this Constitution, unless the context otherwise requires, words in the singular
shall include the plural and words in the plural shall include the singular.

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3. In this Constitution, unless the context otherwise requires

 
a. references to the functions of the office of the President shall be construed
as references to the powers and duties of the President in the exercise of
the executive power of the Republic and to any other powers or duties
conferred or imposed on the President by or under this Constitution or any
other law; and
 
b. a reference to the holder of an office by the term designated the office shall
be construed as including a reference to any person acting in that office or,
to the extent of the authority of the holder of the office, otherwise
performing the functions of that office.
4. 1. For the purposes of this Constitution, a person shall not be considered as
holding office in the public service by reason only of the fact that the person is in
receipt of a pension or other like allowance in respect of service under the
Republic or any former Government of Seychelles.
2. If it is provided in any law that an office is not to be regarded as a public office
for the purposes of this Constitution, a person shall not be regarded as holding,
or acting in, a public office for those purposes by reason only that the person
holds or is acting in, that office.
5. Where no time is prescribed or allowed within which an act is required or
permitted by this Constitution to be done, the act shall or may be done, as the
case may be, with all convenient speed and as often as the occasion requires.
6. For the purpose of this Constitution, a person attains a certain age at the first
moment of the relevant anniversary of the birth of that person.
7. 1. Where this Constitution confers a power or imposes a duty, the power may be
exercised, or the duty shall be performed, as the case may be, from time to time
as occasion requires.
2. Where this Constitution confers a power or imposes a duty on the holder of an
office as such, the power may be exercised, or the duty shall be performed, as
the case may be, by the holder (whether substantive or other) for the time being
of the office.
3. Subject to subparagraph (5), where this Constitution confers a power to make an
appointment, the power includes power to remove or suspend a person so
appointed and to appoint another person temporarily in the place of a person so
removed or suspended or, where the appointee is for any reason unable or
unavailable to perform the duties for which the person was appointed, to
appoint another person temporarily in the place of the appointee.
4. Where this Constitution confers, a power to make any statutory instrument,
pass any resolution or give any direction, the power includes powers exercisable
in the same manner and subject to the same conditions (if any) to amend or
revoke the instrument, resolution or direction.
5. The power provided for in subparagraph (3)-
 
a. shall be subject to this Constitution; and
 
b. shall be exercisable subject to any conditions to which the exercise of the
original power or appointment was subject.
8. For the purposes of interpretation
 
a. the provisions of this Constitution shall be given their fair and liberal
meaning;

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b. this Constitution shall be read as a whole; and
 
c. this Constitution shall be treated as speaking from time to time.
9. 1. The alteration of any provision of this Constitution shall not-
 
a. revive anything that was not in force or existing immediately before the
alteration took effect;
 
b. affect the previous operation of the altered provision or anything duly done
or suffered under it;
 
c. affect any right, privilege, obligation or liability acquired, accrued or
incurred under the altered provision;
 
d. affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against the altered provision; or
 
e. affect any investigation, legal proceedings or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment, and
any such investigation, legal proceedings or remedy may be instituted,
continued or enforced, and the penalty, forfeiture or punishment may be
imposed, as if the altered provision had continued in force.
2. In subparagraph (1), the reference to the "alteration of any provision of this
Constitution" shall be deemed to include a reference to any alteration of the
Constitution such as is referred to in article 91(3)(b).

SCHEDULE 3: ELECTION OF PRESIDENT

• Head of state selection
• Secret ballot
1. Subject to paragraph 6, the President shall be directly elected by secret ballot by
persons entitled to vote under and in accordance with this Constitution.
2. 1. A person shall not be a candidate in an election for President unless-
 
a. the person submits to the Electoral Commission on or before the day
appointed as nomination day in relation to the election the name of the
other person the candidate designate as the candidate's Vice-President
together with a written consent accepting to be so designated signed by the
other person and attested to the satisfaction of the Electoral Commission
by a notary in Seychelles and the form provided for this purpose by the
Electoral Commission completed and signed by that person and endorsed
to the satisfaction of the Electoral Commission by such number, as may be
prescribed under an Act, of other persons who are entitled to vote at the
election under and in accordance with this Constitution; and
 
b. the person deposits with the Electoral Commission, or gives security to the
satisfaction of the Electoral Commission for the payment of such sum as
may be prescribed under an Act as the amount to be deposited by a person
who is a candidate to the election for the office of President.

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2. Where a person receives less than 5% of the votes cast at the election for the
office of President in respect of which the person is standing as a candidate, the
person shall forfeit to the Republic the sum deposited or in respect of which
security was given under subparagraph (1)(b).
3. 1. Subject to article 52A(4)(b), a person nominated as candidate for election to
the office of President may withdraw the nomination at any time before the day
appointed for the election by notice in writing to the Electoral Commission.
2. A person who, within such period as may be provided by law, withdraws as
candidate under subparagraph (1) shall be refunded the deposit or returned the
security for the deposit referred to in paragraph 2(1)(b).
• Scheduling of elections 4. An election to the office of President shall be held so as to begin --
 
a. where the President is in office after the beginning of the period of four
months ending on the date when the President's term of office expires by
the effluxion of time, during the first three months of that period; and
 
b. in any other case, during the period of three months beginning with the
date when the office became vacant or a Proclamation under article 52A
was made.
5. Subject to paragraphs 6 and 7, a person shall not be elected to the office of
President unless he has received more than fifty percent of the votes in the
election and the necessary number of ballots may, subject to the election being
discontinued and recommenced in accordance with an Act, be held in
accordance with the direction of the Electoral Commission to achieve that
result.
6. Where immediately prior to the day appointed for holding an election to the
office of President, there is only one candidate for election and that candidate
has, since the day immediately following the day of the closing of nominations,
been the sole candidate, no ballot shall be held and that candidate shall be
declared by the Electoral Commission to be elected to the office of President.
7. 1. Where on the day immediately following the day of closing of nominations for
the election of President more than one candidate stand nominated for election
and on the day of election only one candidate stands nominated by reason of the
withdrawal of nominations 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.
2. Where on the day immediately following the day of closing of nominations for
the election of President one or more candidates stand nominated for election
and one or more of them die at any time before the close of the poll, 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.
3. The election postponed pursuant to subparagraph (1) or (2) shall be held on such
date as the Electoral Commission may decide but, in any case, not later than
thirty days of the event specified in those subparagraphs which occurred last
and the candidates nominated pursuant to those subparagraphs shall,
notwithstanding their withdrawal, be deemed to be the candidates for that
election.
4. Where at any time between the close of the poll at an election any the
declaration of the result of the election a candidate at the election dies the
Electoral Commission shall proceed with the count and declare the result of the
election notwithstanding the death of the candidate.

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8. 1. Where in an election to the office of President three or more candidates take

part in any ballot and no candidate receives more than fifty percent of the votes
cast, then, if the result of the ballot is that --
 
a. all the candidates receive the same number of votes;
 
b. two or more candidates receive, equally, the highest number of votes;
 
c. one candidate receives the highest number of votes and another candidate
receives the second highest number of votes; or
 
d. one candidate receives the highest number of votes and two or more
candidates receive, equally, the second highest number of votes,
only the candidates referred to in subparagraph (a), subparagraph (b),
subparagraph (c), or subparagraph (d) as the case maybe, shall take part in the
subsequent ballot and the other candidates, if any, shall be eliminated.
2. Any subsequent ballots referred to in subparagraph (1) shall be held not less
than seven days and not more than fourteen days after the immediately
preceding ballot.
9. An instrument which-
 
a. is executed under the hand of the Electoral Commissioner; and
 
b. states that the person named in the instrument was duly elected to the
office of President,
shall be evidence that the person was so elected.

SCHEDULE 4: LEGISLATURE:
PROPORTIONATELY ELECTED MEMBERS
• First chamber selection
1. In this Schedule
 
• "general election" means a general election under article 79(1);
 
• "political party" means a political party which has nominated a candidate in
a general election.
2. A political party which has nominated one or more candidates in a general
election and has polled in respect of the candidates in aggregate 10% or more of
the votes cast at the election may nominate a proportionally elected member for
each 10% of the votes polled.
3. For the purposes of this Schedule, the Electoral Commission shall determine
 
a. Whether a political party may nominate any proportionately elected
member of the National Assembly; and
 
b. if so, the number of proportionately elected members.

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4. A political party which may nominate a proportionately elected member of the

National Assembly shall, within seven days after the general election, signify in
writing to the Electoral Commission the name of the member and the Electoral
commission shall as soon as is practicable after receiving all the names of the
proportionately elected members under this Schedule publish the names in the
Gazette.

SCHEDULE 5: OMBUDSMAN
• Ombudsman
1. 1. Subject to this Schedule, the Ombudsman may
 
a. investigate an action taken by a public authority or the President,
Vice-President, Minister, officer or member of the public authority, being
action taken in the exercise of the administrative functions of the public
authority in the circumstances specified in subparagraph (2);
 
b. investigate an allegation of fraud or corruption in connection with the
exercise by a person of a function of a public authority.
 
c. assist an individual complainant in respect of legal proceedings in relation
to a contravention of the provisions of the Charter;
 
d. with leave of the Court hearing proceedings relating to a contravention of
the provisions of the Charter, become a party to the proceedings;
 
e. initiate proceedings relating to the constitutionality of a law or of the
provisions of a law.
2. The Ombudsman shall investigate an action under sub-paragraph (1) (a)
 
a. where the Ombudsman receives a complaint from a person or body alleging
that the complainant has suffered a violation of the complainant's
fundamental rights or freedoms under the Charter, or an injustice, in
consequence of a fault in the administration of a public authority or has
been treated harshly or oppressively by the authority or the President,
Vice-President or a Minister, officer or member of the authority in the
exercise of the administrative functions of the authority;
 
b. where the President, Vice-President or a Minister or member of the
National Assembly requests the Ombudsman to investigate the action on
the ground that the person or body specified in the request-
 
i. has or may have suffered a violation of the person's or body's
fundamental rights for freedoms under the Charter, or an injustice, in
consequence of a fault in the administration of a public authority or of
a fault of the President or Vice-President or a Minister, officer or
member of the authority in the exercise of the administrative functions
of the authority;

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ii. has been treated harshly or oppressively by the authority or the
President or Vice-President or a Minister, officer or member of the
authority in the exercise of the administrative functions of the
authority,/or on the ground that the practices or patterns of conduct of
a public authority or the President or Vice-President or a Minister,
officer or member of the authority in the exercise of the administrative
functions of the authority appear to result in injustices or harsh,
oppressive or unfair administration; or
 
c. where the Ombudsman considers that it is necessary to investigate the
action on the grounds specified in subsubparagraph (b), and an allegation
under subparagraph (1) (b).
3. The Ombudsman shall not investigate or may discontinue an investigation of a
complaint relating to an action referred to in subparagraph (1) (a) or an
allegation under subparagraph (1) (b) where it appears to the Ombudsman that-
 
a. the complaint or allegation is frivolous, vexatious or trivial or not made in
good faith;
 
b. the making of the complaint or allegation has, without reasonable cause,
been delayed for more than twelve months;
 
c. in the case of a complaint relating to subparagraph (1) (a), the complainant
does not have sufficient interest in this subject matter of the complaint;
 
d. in the case of a complaint relating to subparagraph (1) (a), the complainant
has or had, by way of remedy under this Constitution or any other law, a
right of appeal, objection or review on merits and the complainant has not
exhausted the remedy, unless the Ombudsman believes that in the
particular circumstances it is or was not reasonable to expect the
complainant to exhaust or to have exhausted the remedy.
4. In this Schedule-
 
• "action" includes a failure to act, an advice or a recommendation;
 
• "body" means a body of persons whether corporate or incorporate;
 
• "investigation" means an investigation in terms of this Schedule;
 
• "public authority" means a Ministry, a department division or agency of the
Government or a statutory corporation or a limited liability company which
is directly or ultimately under the control of Government or any other body
which is carrying out a governmental function or service or a person or
body specified by an Act.
5. A limited liability company of which the Government holds not more than
forty-nine per centum of its issued share capital shall not, for the purposes of
subparagraph(4), be treated to be a limited liability company which is under the
direct or ultimate control of the Government.

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2. The Ombudsman shall not investigate an action referred to in paragraph 1 (1)

(a)-
 
• International organizations a. in respect of a subject matter which the President or Vice-President or the
relevant Minister certifies may affect the relation or dealing between the
Government of Seychelles and any other Government or international
organization, the security of the Republic or the investigation of crime;
 
b. concerning the performance of a judicial function or a Justice of Appeal,
Judge or person performing a judicial function;
 
c. taken with respect or directions to a disciplinary force or a member of the
force; or
 
d. unless the person aggrieved is resident in Seychelles or the action was
taken in respect of the person aggrieved while the person was present in
Seychelles or in respect of rights or obligations that arose or accrued in
Seychelles.
3. Subject to this Schedule, the Ombudsman has the same power as a judge of the
Supreme Court in respect of the attendance of a person before the Ombudsman,
the examination of any person in relation to an investigation, the production of a
document or record relevant to an investigation and inspection of premises
relevant to investigation.
4. 1. Subject to this paragraph, a person shall not refuse to answer any question or
withhold any document, information, record or thing or refuse to make available
to the Ombudsman any document, information, record or thing or refuse access
to the Ombudsman to any premises relating to an investigation on the ground
that the answering of the question or disclosure of the document, information,
record or thing or the granting of access to any premises would be injurious to
the public interest, contrary to a law or in breach of a privilege or an obligation,
whether contractual or otherwise.
2. Where a certificate certifying that the answering of a question, the disclosure of
document, information, record or thing, the making available of a document,
record or information or thing or the granting of access to any premises would
be contrary to public interest is issued by-
 
a. the President-
 
i. because it might prejudice the security of the Republic or international
relations between the Government of Seychelles and any other
Government or international organizations; or
 
ii. because it involves the disclosure of the proceedings of the Cabinet;
 
b. the Attorney-General because it might prejudice the investigation or
detection of crime,
the Ombudsman shall not require a person to answer the question, disclose the
document, information, record or thing, make available the document,
information, record or thing or grant access to premises, as the case may be.

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5. 1. The Ombudsman shall, when carrying out an investigation, act fairly and
judicially and shall in particular, afford any public authority or person alleged to
have taken or authorised an action or responsible for the administration of the
public authority which is the subject of an investigation an opportunity to be
heard.
2. Subject to subparagraph (1), the Ombudsman shall determine the procedures to
be followed when conducting an investigation.
6. 1. Subject to subparagraph (7), where after an investigation the Ombudsman is of
the opinion that-
 
a. the action which was the subject of the investigation-
 
i. was contrary to law;
 
ii. was unreasonable, unjust, oppressive or discriminatory;
 
iii. was based on a mistake of facts or a wrongful assessment of facts;
 
iv. was based partly on a mistake of law and facts;
 
v. was based on an improper exercise of a discretionary power or an
exercise of a discretionary power based on irrelevant considerations;
 
vi. was an improper refusal to exercise a discretionary power;
 
vii. was based on an exercise or improper use of authority or power.
 
viii. was in accordance with law but the law is unreasonable, unjust,
oppressive or discriminatory;
 
ix. was otherwise, in all circumstances wrong;
 
x. should be cancelled, varied or given further consideration; or
 
b. reasons for the action which was the subject of the investigation should
have been given;
 
c. there was unreasonable delay before the decision or action which was the
subject of the investigation was taken;
 
d. there was an omission which needs to be rectified;
 
e. the law or practice on which the action which is the subject of the
investigation is based should be reconsidered;
 
f. the practice or pattern of conduct of a public authority or the President,
Vice-President a Minister, officer or member of the public authority which
is the subject of the investigation is contrary to law or unreasonable, unjust,
harsh, oppressive or discriminatory; or

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g. the allegation of fraud or corruption is well founded.
the Ombudsman shall report the opinion and reasons together with any
recommendation or remedy the Ombudsman considers fit to make to the
President, Vice-President, Minister, officer, member or chief executive officer of
the public authority, as the case may be.
2. The Ombudsman shall, where the report is not required to be sent to the
President, Vice-President or Minister, send a copy of the report to the President
and where relevant to the Vice-President and any relevant Minister.
3. The Ombudsman may specify in the report referred to in subparagraph (1) a
time limit within which it is reasonable for the report to be acted upon.
4. Where a report submitted under subparagraph (1) is not, in the opinion of the
Ombudsman, adequately acted upon-
 
a. within the time specified in the report; or
 
b. if no time has been specified, within such reasonable time as the
Ombudsman is of the opinion is reasonable,
the Ombudsman may submit the report and recommendation together with
such further observations the Ombudsman thinks fit to make to the President
and the National Assembly.
5. The Ombudsman shall attach to every report submitted to the President,
Vice-President and the National Assembly under subparagraph (4) a copy of any
comments made thereon by or on behalf of the chief executive officer of the
public authority concerned or the President, Vice-President, Minister, officer or
member of the public authority, as the case may be.
6. The Ombudsman shall not later than the thirty-first January in each year make a
general report to the National Assembly with a copy to the President on the
exercise of the functions of the Ombudsman under this Constitution during the
previous year.
7. 1. For the purposes of the law of defamation, absolute privilege is attached to the
publication of any matter by the Ombudsman or any other person acting under
the authority of the Ombudsman.
2. The Ombudsman or any other person acting under the authority of the
Ombudsman shall not be liable for anything done or omitted to be done in good
faith in the performance or purported performance of the functions of the
Ombudsman.

SCHEDULE 6: OATHS
• Oaths to abide by constitution
OATH OF ALLEGIANCE
I.......... do swear/solemnly and sincerely declare and affirm/that I will be faithful and
bear true allegiance to the Constitution of Seychelles and that I will preserve, protect
and defend the Constitution of Seychelles. SO HELP ME GOD
PRESIDENTIAL OATH
I........ do swear/solemnly and sincerely declare and affirm/that I will faithfully and
diligently perform my duties and discharge my functions in the office of President of
Seychelles, that I will be faithful to the Republic of Seychelles that I will uphold the
Constitution and the laws of Seychelles, and that I will dedicate my abilities to the
service and welfare of the people of Seychelles without fear or favour, affection or ill
will. SO HELP ME GOD

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VICE-PRESIDENTIAL OATH
I......... do swear/solemnly and sincerely declare and affirm/that I will faithfully and
diligently perform my duties and discharge my functions in the office of
Vice-President, that I will be faithful to the Republic of Seychelles, that I will uphold
the Constitution and the laws of Seychelles and that I will dedicate my abilities to the
service and welfare of the people of Seychelles without fear or favour, affection or ill
will. SO HELP ME GOD

SCHEDULE 7: TRANSITIONAL
• Transitional provisions

PART I: EXISTING OFFICERS AND OFFICES

1. In this Schedule, unless the context otherwise requires-
 
• "Constitution Act" means the Constitution of the Republic of Seychelles
(Preparation and Promulgation) Act, 1992;
 
• "Director of Elections" means the person holding office as Chairman of the
Constitutional Commission immediately before the date of coming into
force of this Constitution;
 
• "existing Constitution" means the Constitution contained in the Schedule
to the Constitution of the Republic of Seychelles Decree, 1979;
 
• "existing law" means a law having effect as part of the laws of Seychelles
immediately before the date of coming into force of this Constitution;
 
• "first Assembly election" means the first general election to elect members
of the National Assembly under this Constitution;
 
• "first Presidential election" means the election of the first President of
Seychelles under this Constitution;
 
• "the Regulations" means regulations made under paragraph 9 (2)
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.

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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. With effect from the date of the coming into force of this Constitution up to
immediately before the election under or in accordance with this Constitution of
the members of the National Assembly, the persons elected or nominated as
Constitution shall, so far as is consistent with this Constitution continue to
perform the functions of their office as if they 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.
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-
 
a. 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;
 
b. 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,

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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. Where the Appropriation Act in respect of the financial year commencing on the
first day of January immediately following the date of coming into force of this
Constitution has not come into operation, the President may authorize the
withdrawal of moneys from the Consolidated Fund for the purposes of meeting
expenditure necessary to carry on the services of the Government until the
expiration of four months from the beginning of the financial year or the coming
into operation of the Appropriation Act for that financial year, whichever is the
earlier.

PART II: FIRST ELECTIONS AND FIRST SITTINGS OF THE

NATIONAL ASSEMBLY
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
 
a. 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;
 
b. 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;
 
c. 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;

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d. 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;
 
e. a person who at the time of the election is residing on an Outer Island, as
listed in Part II
 
f. of Schedule 1 of this Constitution, shall vote in the electoral area in which
the person is registered.
 
g. 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. The first meeting of the first session of the National Assembly after the first
National Assembly election shall, until the Speaker is elected, be presided over
by the eldest member of the Assembly present at the meeting.
13. The Standing Orders of the People's Assembly established by the existing
Constitution shall, until it is otherwise provided pursuant to article 101 of this
Constitution, be the Standing Orders of the National Assembly, but shall be
construed with such modifications, adaptations, qualifications and exceptions as
may be necessary to bring those Standing Orders into conformity with this
Constitution.

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PART III: COMPENSATION FOR PAST LAND

ACQUISITIONS
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-
 
a. 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;
 
b. 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;
 
c. where the land cannot be transferred back under subsubparagraphs(a) or
subsubparagraph (b)
 
i. as full compensation for the land acquired, transferring to the person
another parcel of land of corresponding value to the land acquired;
 
ii. paying the person full monetary compensation for the land acquired;
or
 
iii. 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.

PART IV: TRANSITIONAL PROVISIONS UNDER THE

FOURTH AMENDMENT
1. On the coming into operation of the Constitution of the Republic of Seychelles
(Fourth Amendment) Act, 1996-
 
a. the Minister who immediately before the coming into operation of this Act
was the Minister designated first in the order of preference shall become,
subject to subsection (2) hold office as and perform the function of Vice
President in accordance with the Constitution;

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b. the Minister who immediately before the coming into operation of this Act
was the Minister designated second in the order of preference shall
become, subject to subsection (2) hold office as and perform the function of
designated Minister in accordance with the Constitution.
2. On the resignation of the President-
 
a. the person who becomes Vice-President as a result of the operation of
subsection (1) shall not assume the office of President under article 55(1);
 
b. the functions of the President shall be discharged by the incumbent
President until the election of the President but the incumbent President
shall not have power to revoke the appointment of a Minister or invoke
article 110.
3. Until the enactment of the Act under article 66A (13) the person who becomes
Vice-President as a result of the operation of this section shall continue to
receive the salary, allowance and gratuity the person was receiving as Minister
designated first in the order of preference immediately before becoming Vice
President.
4. The period which the person who becomes Vice-President under subsection (1)
(a) serves as Vice-President pursuant to that subsection shall not be counted for
the purposes of article 66A (7).

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Topic index

Access to higher education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Advisory bodies to the head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41, 42
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 69

Binding effect of const rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 19

Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 34

Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Campaign financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Central bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Claim of universal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Compensation of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Conditions for revoking citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 53, 54, 55
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 55

Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 68
Dismissal of the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, 47
Duty to obey the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 48, 49, 69

Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47, 49, 50
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Eligibility for ordinary court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8, 9, 10, 11, 12, 15, 19, 20, 25, 47
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Establishment of military courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Extradition procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

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First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 84

Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Head of state decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 28
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 7

Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Inalienable rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
International organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 87

Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Judicial precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40, 44

Legal status of treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 44
Length of legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Limits on employment of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

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Mandatory retirement age for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 32

National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
National motto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 70, 89

Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Official religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60, 69, 85
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54, 57
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Power to deport citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14

Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31
Powers of cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Privileges for juveniles in criminal process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Prohibition of capital punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Protection from false imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 11
Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 53
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 18, 19
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Public or private sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Reference to country's history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

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Reference to fraternity/solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47, 48, 50, 69
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 39
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6
Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Restrictions on political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 50
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 51
Right to choose occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to equal pay for work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to examine evidence/witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to form political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to found a family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Right to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to pre-trial release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to protect one's reputation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 18
Right to renounce citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Right to rest and leisure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to safe work environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Right to strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Right to transfer property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Rights of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Scheduling of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 83

Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 36, 82
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Spending bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 63, 64

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Standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
State operation of the media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
State support for the unemployed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 41
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 53, 54, 55, 57
Supreme court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 53
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 66

Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70, 90
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

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