Seychelles 1993 (rev. 2011) Constitution - Constitute

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, Reference to country's history

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

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

Reference to fraternity/solidarity, Motives for writing constitution

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

Inalienable rights, Human dignity

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

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

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

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.

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 --

   1. Requirements for naturalization

      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;

   2. Conditions for revoking citizenship

      for depriving any person of citizenship of Seychelles, if it was unlawfully acquired;

   3. Right to renounce citizenship

      for the renunciation of citizenship of Seychelles by any person; and
   4. 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-
   1. 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
   2. 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.

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.
4. The President is politically responsible for a Ministry or department that the President has not specifically assigned to the Vice-President or a Minister.
5. 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)-
    1. the President shall, with the approval of the National Assembly appoint a person to be Vice-President;
    2. 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.
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.

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.

2. Cabinet removal

   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-
   1. seven days' notice has been given of the motion; and
   2. 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)-
   1. send a copy of the notice to the President; and
   2. 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.
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-
   1. 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;
   2. to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
   3. 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.
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.

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, Electoral commission, Ombudsman

165

1. This article applies to the Attorney-General, the Auditor-General, the Members of the Electoral Commission and the Ombudsman.
2. Any officer to whom this article applies may be removed from office only-
   1. for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and
   2. in accordance with clauses (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-
   1. 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
   2. 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-
   1. for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause or for misbehaviour; and
   2. in accordance with clauses (2) and (3).
2. 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.
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
   1. 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
   2. 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.

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

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

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