Seychelles 1993 Constitution (reviewed 2017) - Page 9 of 22

Table of Contents

CHAPTER VIII. JUDICIARY

PART I. GENERAL

119

The judicial power of Seychelles shall be vested in the Judiciary which shall consist of –
1. the Court of Appeal of Seychelles;
2. the Supreme Court of Seychelles; and
3. such other subordinate courts or tribunals established pursuant to article 137.
The Judiciary shall be independent and be subject only to this Contribution and the other laws of Seychelles.
Subject to this Constitution, Justices of Appeal, Judges and Masters of the Supreme Court shall not be liable to any proceedings or suit for anything done or omitted to be done by them in the performance of their functions.
An Act establishing a subordinate court or tribunal referred to in clause (1)(c) may grant to the person exercising judicial functions in the court or tribunal immunity from proceedings or suit to the extent provided in clause (3).

PART II. COURT OF APPEAL

120

There shall be a Court of Appeal which shall, subject to this Constitution, have jurisdiction to hear and determines appeals from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court and such other appellate jurisdiction as may be conferred upon the Court of Appeal by this Constitution and by or under an Act.
Except as this Constitution or an Act otherwise provides, there shall be a right of appeal to the Court of Appeal from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court.
The Court of Appeal shall, when exercising its appellate jurisdiction, have all the authority, jurisdiction and power of the court from which the appeal is brought and such other authority, jurisdiction and power as may be conferred upon it by or under an Act.
Subject to this Constitution and any other law, the authority, jurisdiction and power of the Court of Appeal may be exercised as provided in the Rules of the Court of Appeal.
Proceedings in respect of a matter relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Court of Appeal.
Where in respect of any matter before it, the Court of Appeal finds that any law or provision of any law contravenes this Constitution, the Justice of Appeal presiding at the sitting of the Court shall send a copy of the finding to the President and the Speaker.
The Court of Appeal shall sit, as occasion requires, to deal with matters before it as expeditiously as is practicable.

The Court of Appeal shall consist of-
1. a President of the Court of Appeal and two or more other justices of Appeal; and
2. the Judges who shall be ex-officio members of the Court.
A person is qualified for appointment as, or to discharge the functions of, the President of the Court of Appeal or a Justice of Appeal if, in the opinion of the Constitutional Appointments Authority, the person is suitably qualified in law and can effectively, competently and impartially discharge the functions of the office of Justice of Appeal under this Constitution.
The President shall, by instrument under the Public Seal, appoint the President of the Court of Appeal and other Justices of Appeal from candidates proposed by the Constitutional Appointments Authority.

124

Where the office of President of the Court of Appeal is vacant or the President of the Court of Appeal is for any reason unable to perform the functions of the office of President of the Court of Appeal-
1. until a person has been appointed to and has assumed the functions of that office; or
2. until the person holding the office of President of the Court of Appeal has resumed the functions of that office,
as the case may be the functions of the office of Presidents of the Court of Appeal shall be performed by a Justice of Appeal appointed for the purpose by the President from Justices of Appeal proposed by the Constitutional Appointments Authority.
Where-
1. the office of a Justice of Appeal is vacant;
2. a Justice of Appeal is for any reason unable to perform the functions of that office;
3. a Justice of Appeal is performing the functions of the President of the Court of Appeal under clause (1)
4. until a person has been appointed to and has assumed the functions of the office of Justice of Appeal;
5. until the person holding the office of Justice of Appeal has resumed the functions of that office; or
6. until the Justice of Appeal referred to in paragraph (c) ceases to perform the functions of the office of President of the Court of Appeal, as the case may be.
the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as Justice of Appeal-

PART III. SUPREME COURT

125

There shall be a Supreme Court which shall, in addition to the jurisdiction and powers conferred by this Constitution, have-
1. original jurisdiction in matters relating to the application, contravention, enforcement or interpretation of this Constitution;
2. original jurisdiction in civil and criminal matters;
3. supervisory jurisdiction over subordinate courts, tribunals and adjudicating authority and, in this connection, shall have power to issue injunctions, directions, orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto as may be appropriate for the purpose of enforcing or securing the enforcement of its supervisory jurisdiction; and
4. such other original, appellate and other jurisdiction as may be conferred on it by or under an Act.
Proceedings in respect of matters relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Supreme Court.
The Supreme Court shall consist of the Chief Justice the Puisne Judges and, subject to clause (5), the Masters of the Supreme Court.
Subject to article 129, any other law and the Rules of the Supreme Court, a single Judge or a number of Judges sitting together may exercise the jurisdiction and powers of the Supreme Court.
A Master of the Supreme Court may exercise such limited jurisdiction and powers of the Supreme Court as may be prescribed by or under an Act or by the rules of the Supreme Court in respect of interlocutory proceedings.
The number of Puisne Judges and Masters of the Supreme Court who may be appointed shall be prescribed by an Act.
For the purposes of clause (1) (c) “adjudicating authority “includes a body or authority established by law which performs a judicial or quasi-judicial function.

126

A person is qualified for appointment as Judge if-
1. the person has been entitled to practice before a court of unlimited original jurisdiction for not less than seven years; and
2. in the opinion of the Constitutional Appointments Authority the person has shown outstanding distinction in the practice of law and can effectively, competently and impartially discharge the functions of the office of a Judge under this Constitution.
A person is qualified for appointment as a Master of the Supreme Court if-
1. the person has been entitled to practice before a court of unlimited jurisdiction for not less than five years; and
2. in the opinion of the Constitutional Appointments Authority the person has shown outstanding distinction in the practice of law and can effectively, competently an impartially discharge the functions of the office of a Master of the Supreme Court under this Constitution.
For the purposes of clauses (1) (b) and (2) (b), any period during which a person has functioned as a public officer holding an office for which qualification as a barrister or attorney is required may be treated as a period of practice under the clauses.

The President shall, by instrument under the Public Seal, appoint the Judges and Masters of the Supreme Court from candidates proposed by the Constitutional Appointments Authority.

128

Where the office of Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of the office of Chief Justice-
1. until a person has been appointed to and has assumed the functions of that office; or
2. until the person holding that office has resumed the functions of that office,
as the case may be, the functions of the office shall be performed by a Judge appointed by the President from Judges proposed by the Constitutional Appointments Authority.
Where-
1. the office of a Judge is vacant;
2. a Judge is for any reason unable to perform the functions of the office of a judge; or
3. the Chief Justice advises the President that the state of business in the Supreme Court so requires.
the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as a Judge-
1. until a person has been appointed and has assumed the functions of that office;
2. until the person holding that office has assumed the functions of that office; or
3. until the President, on the advice of the Chief Justice, revokes the appointment, as the case may be.
An appointment under clause (2) (c) may be made without reference to any numerical limit imposed under article 125(6)

PART IV. CONSTITUTIONAL QUESTIONS

129

The jurisdiction and powers of the Supreme Court in respect of matters relating to the application, contravention, enforcement or interpretation of the Constitution shall be exercised by not less than two judges sitting together.
Where two or more Judges sit together for the purposes of clause (1), the most senior of the Judges shall preside.
Any reference to the Constitutional Court in this Constitution shall be a reference to the Court sitting under clause (1)

130

A person who alleges that any provisions of this Constitution, other than a provision of Chapter III, has been contravened and that the person’s interest is being or is likely to be affected by the contravention may, subject to this article, apply to the Constitutional Court for redress.
The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
Upon hearing an application under clause (1), the Constitutional Court may-
1. declare any act or omission which is the subject of the application to be a contravention of this Constitution;
2. declare any law or the provision of any law which contravenes this Constitution to be void;
3. grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate.
Where the Constitutional Court makes a declaration under clause 4 (b) the Court shall, subject to any decision in appeal therefrom, send a copy of the declaration to the President and the Speaker,
Where in the course of any proceedings in any court, other than the Court of Appeal or the Supreme Court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6),the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
The Court in which the question referred to in clause (6) arose shall dispose of the case in accordance with the decision of the Constitutional Court, or if that decision is the subject of an appeal, in accordance with the decision of the Court of Appeal.
Nothing in this article confers jurisdiction on the Constitutional Court to hear or determine a matter referred to it under article 51(3) or article 82 (1) otherwise than upon an application made in accordance with article 51 or article 82.

PART V. TERMS OF APPOINTMENT OF JUSTICES OF APPEAL AND JUDGES

131

Subject to article 134, a person holding office of Justice of Appeal or Judge shall vacate that office-
1. on death;
2. if the person is removed from office under article 134;
3. subject to clause(2), if the person resigns in writing addressed to the President and to the Constitutional Appointments Authority.
4. in the case of a person who is a citizen of Seychelles, on attaining the age of seventy years;
5. in the case of a person who is not a citizen of Seychelles, at the end of the term for which the person was appointed;
6. if the office is abolished with the consent of the person.
A resignation under clause (1)(c) shall have effect on the date on which it is received by the President.
Subject to clause (4), a person who not a citizen of Seychelles may be appointed to the office of Justice of Appeal or Judge for only one term of office of not more than seven years.
The President may, on the recommendation of the Constitutional Appointments Authority in exceptional circumstances appoint a person who is not a citizen of Seychelles and who has already completed one term of office as a Justice of Appeal or Judge for a second term of office, whether consecutive or not, of not more than seven years.

132

The office of Justice of Appeal or Judge shall not, without the consent of the Justice of Appeal or Judge, be abolished during the Justice’s of Appeal or Judges’ continuance in office.
A person who has been appointed to the office of Justice of Appeal or Judge may continue in office notwithstanding any change, during the Justice’s of appeal or Judges’s term of office, of the qualification for appointment to the office.
A justice of Appeal or Judge or a person acting as such pursuant to article 124 or article 128, whose appointment has terminated otherwise than by reason of being removed from office under article 134, may continue to sit as a Justice of Appeal or Judge, or to act as such, for the purpose of giving judgment or otherwise in relation to any proceedings commenced before the Justice of Appeal or Judge before the termination of the appointment.

133

The salary, allowances, gratuity and pension payable to a Justice of Appeal or Judge shall be prescribed by or under an Act and shall be a charge on the Consolidated Fund.
Subject to article 134, the salary, allowances or gratuity payable to and the term and other conditions of service of a Justice of Appeal or Judge shall not be altered to the disadvantage of the Justice of Appeal or Judge after appointment.

134

A Justice of Appeal or Judge 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)
Where the Constitutional Appointments Authority considers that the question of removing a Justice of Appeal or Judge from office under clause (1) ought to be investigated-
1. the Authority shall appoint a tribunal consisting of a President and at least 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 from among persons who are eminent jurists of proven integrity; and
2. the tribunal shall inquire into the matter, report on the facts thereof to the Authority and recommend to the President whether or not the Justice of Appeal or Judge ought to be removed from office.
Where, under clause (2), the tribunal recommends that a Justice of Appeal or Judge ought to be removed from office, the President shall remove the Justice of Appeal or judge from office.
Where under this article the question of removing a Justice of Appeal or Judge has been referred to a tribunal, the President may suspend the Justice of Appeal or Judge from performing the functions of a Justice of Appeal or Judge, but the suspension-
1. may, on the advice of the Constitutional Appointments Authority, be revoked at any time by the President;
2. shall cease to have effect if the tribunal recommends to the President that the Justice of Appeal or Judge ought not to be removed from office.

PART VI. MISCELLANEOUS

1. A Justice of Appeal, Judge or Master of the Supreme Court shall, before entering office, take and subscribe the oath of allegiance and such oath for the due performance of the functions of the office as may be prescribed by or under an Act.

136

1. The President of the Court of Appeal may make Rules of the Court of Appeal.
2. The Chief Justice may make Rules of Court of the Supreme Court.
Acts may-
1. provide for the establishment of courts or tribunals which are subordinate to the Court of Appeal and Supreme Court, in this article referred to as “subordinate courts and tribunals”,
2. provide for the appointment to and removal from office of members of the subordinate courts and tribunals;
3. define or provide for the definition of the jurisdiction and powers of the subordinate courts and tribunals;
4. define or provide for the definition of the relationship among the subordinate courts or tribunals and the relationship between the subordinate courts or tribunals and the Supreme Court and the Court of Appeal;
5. provide for the making of rules in respect of the subordinate courts and tribunals.
The Supreme Court shall have, and use as occasion requires, a seal bearing on it the device of the Public Seal of Seychelles surrounded by the words “Seal of the Supreme Court of Seychelles”