Seychelles 1993 Constitution (reviewed 2017)

CHAPTER IV. THE PRESIDENT

1. 1. There shall be a President of Seychelles who shall be the Head of State, Head of Government and Commander-in-Chief of the Defence Forces of Seychelles.

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1. 1. 1. A person is qualified for election as President if-
         1. the person is a citizen of Seychelles;
         2. 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.
      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–
         1. 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);
         2. the powers, practice and procedure of the Constitutional Court in relation to the application; and
         3. 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.

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1. 1. 1. Subject to this article, a person elected as President shall hold office for a term of five years —
         1. beginning with the date next following the date of the declaration of the election of President; or
         2. 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
         3. following the date on which the office next becomes vacant.
      2. A person shall hold office as President under this Constitution for not more than two terms.
      3. The office of President becomes vacant-
         1. on the expiration of the period specified in clause (1);
         2. 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
         3. 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.
      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 —
         1. 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;
         2. 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. 1. 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 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. 1. 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.
         2. 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 —
         1. 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);
         2. 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 —
         1. shall be deemed to have expired on the date next following the date of declaration of election of President in that election; and
         2. shall constitute one term for the purpose of article 52(2).

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1. 1. 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.
      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-
         1. 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;
         2. 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-
         1. where the investigation was carried out at the instance of the Cabinet, the Cabinet; or
         2. 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-
         1. 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
         2. 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.
      8. Where the Speaker receives a report under clause (7), the speaker shall,-
         1. 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
         2. 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.

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1. 1. 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-
         1. 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
         2. 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)-
         1. the Speaker shall deliver a copy of the motion to the President and the Chief Justice;
         2. the Chief Justice shall place the matter before the Constitutional Court;
         3. 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
         4. 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.
      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)-
         1. 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
         2. 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.

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1. 1. 1. Where the office of the President becomes vacant by reason of the death or resignation of the President or by reason ofthe President ceasing to hold office under article 53 or article 54 or article 110(3), the Vice-President shall discharge the functions of the office of the President until a person is elected under article 51 to the office of the President.
      2. 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 discharge the functions of the office of President until a person is elected under article 51 to the office of the President.
      3. Where the Vice-President discharges the functions of the President under clause (1), clause (2) or article 56, the Vice-President shall not have power to —
         1. revoke the appointment of a Minister, or
         2. invoke article 110.
   2. 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.
   3. 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.

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1. 1. 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.
      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).

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1. 1. 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.

60

1. 1. 1. The President may, after obtaining the advice of the advisory committee appointed under article 61-
         1. grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;
         2. 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;
         3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
         4. 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.
      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.
   2. There shall be an advisory committee on the power of pardon under article 60 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.

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1. 1. 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.

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1. 1. 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.

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1. 1. The President may, with the approval of a majority of members of the 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.
   3. The President may receive or cause to be executed treaties, agreements or conventions in the name of the Republic.
   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-
      1. an Act; or
      2. 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.
2. The President shall-
   1. at the beginning of each year; and
   2. 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.