Seychelles 1993 Constitution (reviewed 2017)

SCHEDULE 2. PRINCIPLES OF INTERPRETATION

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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;

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     “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;

     “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-

     1. the Court of Appeal; or
     2. 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.

1. 1. 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.
   2. In this Constitution, unless the context otherwise requires
      1. 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
      2. 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.

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1. 1. 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.
   2. 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.
   3. 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.

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1. 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)-
      1. shall be subject to this Constitution; and
      2. shall be exercisable subject to any conditions to which the exercise of the original power or appointment was subject.
2. For the purposes of interpretation
   1. the provisions of this Constitution shall be given their fair and liberal meaning;
   2. this Constitution shall be read as a whole; and
   3. this Constitution shall be treated as speaking from time to time.

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1. The alteration of any provision of this Constitution shall not-
   1. revive anything that was not in force or existing immediately before the alteration took effect;
   2. affect the previous operation of the altered provision or anything duly done or suffered under it;
   3. affect any right, privilege, obligation or liability acquired, accrued or incurred under the altered provision;
   4. affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the altered provision; or
   5. 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).