Seychelles 1993 Constitution (reviewed 2017)

CHAPTER XI. PUBLIC SERVICE APPEAL BOARD

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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.

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1. The Public Service Appeal Board shall hear complaints by persons aggrieved by-
   1. an appointment made to an office;
   2. a promotion to an office;
   3. disciplinary proceedings taken in respect of an officer;
   4. the termination of appointment of a person who was holding an office;
   5. 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-
   1. it is frivolous, vexatious or trivial or made in bad faith; or
   2. 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;

     “public authority” means a Ministry, department, or division of the Government.

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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.

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1. The Public Service Appeal Board shall consist of three members appointed as follows-
   1. the President and the Leader of the Opposition shall each appoint one member;
   2. 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-
   1. 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;
   2. 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;
   3. 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;
   4. 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;
   5. 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.

1. A person is qualified to be a member of the public Service Appeal Board if the person is a citizen of Seychelles who-
   1. 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
   2. is not a member of the National Assembly or a Minister or the President or a candidate to an election under this Constitution.

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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.