Seychelles 1993 Constitution (reviewed 2017)

CHAPTER VII. ELECTORAL AREAS, FRANCHISE AND ELECTORAL COMMISSION

112

1. Subject to this article , Seychelles shall be divided into as many electoral areas, as may be prescribed, for the purposes of election of members to the National Assembly and each electoral area shall be represented by one member of the National Assembly.
2. There shall be not less than nineteen electoral areas on Mahe and two electoral areas on Praslin, and the Inner Islands shall constitute one electoral area.
3. In determining the number and boundaries of the electoral areas on Mahe and Praslin the Electoral Commission-
   1. shall have regard to –
      1. the boundaries of electoral areas which exist at the time of the determination by the Commission; and
      2. the natural geographical features of Seychelles;
   2. shall ensure that, each electoral area on Mahe shall have, as nearly as is practicable, an equal number of inhabitants and each electoral area on Praslin shall have, as nearly as is practicable, an equal number of inhabitants.

1. 1. A citizen of Seychelles who is registered as a voter in an electoral area shall be entitled to vote, in accordance with law, in the electoral areas-
      1. at an election for the office of President;
      2. at an election of the members of the National Assembly; or
      3. in a referendum held under this Constitution, unless any circumstances have arisen which, if the citizen were not so registered, would cause the citizen to be disqualified under an Act made under article 114(1) on ground (a) or ground (b) of article 114(1).

114

1. 1. 1. A person who is a citizen of Seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an Act on the ground of-
         1. infirmity of mind;
         2. criminality; or
         3. residence outside Seychelles.
      2. An Act referred to in clause (1) may provide for different grounds of disqualification with regard to-
         1. an election for the office of President;
         2. an election of the members of the National Assembly; and
         3. a referendum held under this Constitution.
      3. A person is not entitled to be registered as a voter in more than one electoral area.

115

1. 1. 1. There shall be an Electoral Commission which shall perform the functions conferred upon it by this Constitution any other law.
      2. Subject to this Constitution the Electoral Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority.

115A

1. 1. 1. The Commission shall consist of a Chairperson and six Members all of whom shall be appointed by the President selected from nine candidates of proven integrity and high repute, proposed by the Constitutional Appointments Authority constituted under Article 139 of the Constitution.
   2. A person is qualified to be a Chairperson and Members of the Commission if the person is a citizen of Seychelles who-
      1. is qualified to be registered as a voter; and
      2. the person is not a candidate of an election under the Constitution or is not the President, Vice President, Minister or a Member of the National Assembly and not an executive office bearer of a political party.

115C

1. 1. 1. The Chairperson and the Members of the Commission shall be appointed for a term of seven years, and may, at the end of a term, be eligible for re-appointment.
      2. The Chairperson may by writing addressed to the President and a Member who is not the Chairperson, to the Chairperson 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 the Chairperson and Members of the Commission shall be prescribed by or under an Act and the salary, allowances or gratuity shall be a charge on the Consolidate Fund.
      5. The pension payable to the Chairperson of the Commission shall be prescribed by or under an Act and the pension shall be a charge on the Consolidated Fund.
      6. Subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of the Chairperson and Members of the Commission shall not be altered to the disadvantage after the appointments.
      7. The Commission may regulate its own proceedings and may act notwithstanding one vacancy in its membership.

116

1. 1. The Electoral Commission-
      1. shall be a responsible for the conduct and supervision of the registration of voters and of elections and referenda under this Constitution;
      2. shall keep under continuous review the number and boundaries of the electoral areas into which Mahe and Praslin are divided having regard to article 112 (3);
      3. shall keep under continuous review the practices and working, including such matters as finance, broadcast and advertising, of political campaigns in respect of elections and referenda under this Constitution;
      4. shall have such other functions as may be prescribed by or under this Constitution or an Act.
      5. Shall review the existing legislation governing Electoral matters and make recommendations to the Government.
   2. The Electoral Commission shall, within ninety days after each election or referendum under this Constitution, submit to the National Assembly and the President a report on the conduct of-
      1. the political campaign leading up to the election or referendum; and
      2. the election or referendum,

      together with such recommendations as the Commission may consider necessary for the purposes of ensuring true, fair and effective elections and referenda.

   3. The Electoral Commission shall, not later that three years after the coming into force of this Constitution and thereafter three years after the Commission last submitted a report in terms of clause (1)(b), submit to the National Assembly and the President a report in terms of clause (1)(b) together with such recommendations regarding changes in the number or boundaries of the electoral areas on Mahe and Praslin which the Commission considers necessary in the circumstances.
   4. As soon as is practicable within thirty days after the submission of the report under clause (3) the President shall cause to be laid before the National Assembly the draft of an order by the President for giving effect to the recommendations contained in the report relating to changes in the number or boundaries of the electoral areas referred to in the report and the draft may make provision for any matter which appears to the President to be incidental to or consequential upon the other provisions of the draft
   5. When the draft order laid before the National Assembly under clause (4) is approved by resolution of the National Assembly, the President shall make an order, which shall be published in the Gazette in terms of the draft and the order shall come into force on the next dissolution of the National Assembly after the order is so published.
   6. Where the draft order laid before the National Assembly under clause (4) is not approved by resolution of the National Assembly, the President shall refer the matter to the Electoral Commission for its consideration.
2. An Act shall provide for the regulation and control by the Electoral Commission of-
   1. election or referendum expenditures by a political party or person taking part in an election or referendum;
   2. contributions to or in favour of a political party or person taking part in an election or referendum or a cause in relation to an election or referendum;
3. An Act shall provide for the registration of political parties, qualifications for entitlement to be registered as a political party, conferment of corporate status on political parties, the maintenance of a register of political parties by the Electoral Commission, the submission of accounts and other prescribed particulars and information to the Commission by a registered political party, the provision of financial support from public funds to political parties, the control of financial and other contributions to political parties, the disposal of the assets of political parties on dissolution and the submission to the National Assembly by the Electoral Commission of an annual report in respect of the functions of the Commission under the Act.