Seychelles 1993 Constitution (reviewed 2017)

CHAPTER XV. MISCELLANEOUS

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.

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.

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.

1. 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.

1. ‘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.