Seychelles 1993 Constitution (reviewed 2017)

CHAPTER V. THE EXECUTIVE

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.

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 2 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. Repealed.
12. Where there is a vacancy in the office of the President under article 55 (1) 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.
13. The Vice-President shall receive such salary, allowance, gratuity and pension as may be prescribed by an Act and the salary, allowance, gratuity or pension shall be a charge on the Consolidated Fund.

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.

1. 1. The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by President.

69

1. 1. 1. There shall be such number of Ministers, not being less than seven or more than fourteen as the President may, from time to time, determine.
      2. The President may, with the approval of a majority of the members of the National Assembly, appoint a person who is a citizen of Seychelles and who has attained the age of eighteen years to the office of Minister.
      3. Where a person who is a member of the National Assembly is appointed to the office of Minister, the person shall, on assuming the office, cease to be a member of the Assembly.
      4. A person shall, before assuming office as Minister, subscribe before the President the oath of allegiance and such other oath, as may be prescribed by an Act, for the due execution of the functions of that office.
      5. A Minister shall receive such salary, allowances, gratuity and pension as may be prescribed by an Act.
      6. The salary, allowances, gratuity or pension payable under clause (5) shall be a charge on the Consolidated Fund.
      7. Where a person is appointed as Minister and in addition to this article is entitled to receive under any other provision of the Constitution a salary, pension, gratuity or allowance, the person shall not, while holding the office of a Minister, be concurrently entitled to receive the salary, pension, gratuity or allowance under this article and under any other provision of the Constitution but may opt to receive the salary, pension, gratuity or allowance under either this article or any other provision of the Constitution.

70

1. 1. A Minister has such title, portfolio and responsibility as may be determined from time to time by the President and a Minister may be assigned the responsibility of more than one Ministry at any time.
   2. Nothing in this article operates to prevent the conferring of functions on a Minister by or under an Act.
   3. Ministers shall perform their functions under clause (1) under the direction of the President.
2. The Vice-President and the Ministers shall be individually accountable to The President for the administration of their Ministries and departments assigned to them and shall collectively be responsible for a decision of Cabinet.
3. A Minister, unless the Minister-
   1. dies
   2. resigns; or
   3. is removed from office under and in accordance with this Constitution,

   shall hold office until immediately before the beginning of the term of the person next elected, after the Minister’s appointment, to the office of President.

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. 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.

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).

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.