Act 31 of 1980
- Commenced on 1 January 1981
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Defence Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Air Force" means the Seychelles People's Air Force;"Army" means the Seychelles People's Liberation Army;"Chief of Staff" means the Chief of Staff of the Defence Force under section 9;"Commander‑in‑Chief" means the Commander‑in‑Chief of the Defence Force under section 7;"civil disaster" means a disturbance of the earth's surface, oceanic disturbance, fire, flood, famine or food shortage, epidemic, pest, shipping or aircraft disaster, or other disaster;"Defence Force" means the Seychelles People's Defence Force established by section 3;"enrolled" means enrolled in the Army, Navy, Air Force or Militia;"member of the Defence Force" means an officer and a non‑commissioned member, and includes a person deemed under section 21 to be a member of the Defence Force;"Militia" means the Seychelles People's Militia;"Navy" means the Seychelles People's Navy;"non‑commissioned member" means a person enrolled and appointed to a rank identified in the Schedule as a rank of a non‑commissioned member;"officer" means a person enrolled and appointed to a rank identified in the Schedule as a rank of an officer;"rank" means a rank provided for in the Schedule;"Regular Force" means a force provided for in section 16(1)(a);"Regulations" means regulations made under section 41;"Reserve Force" means a force provided for in section 17(1)(b);
Part II – Establishment and functions of Defence Force
3. Establishment of Defence ForceThere shall be established by this Act a force to be known as the Seychelles People's Defence Force which shall consist of—
4. UnitsThe units of the Army, Navy, Air Force and Militia shall be as determined by the Commander‑in‑Chief by instrument in writing.
5. FunctionsSubject to this Act, the functions of the Defence Force are—
6. Duty to obey lawful orders
Part III – Defence organisation
7. Commander-in-Chief of Defence Force
8. Chief of Defence Force
9. Chief of Staff of Defence Force
10. Defence Council
11. Functions of Defence CouncilThe Defence Council shall advise the Commander‑in‑Chief with respect to—
12. Delegation of functions of Commander‑in‑Chief
13. Power to constitute officesThe Commander‑in‑Chief may, if he considers it necessary or desirable to do so in the interest of the efficient organisation or administration of the Defence Force, constitute offices, make appointments and terminate appointments made to any such office, and determine the terms and conditions of any such appointment.
14. Board of Inquiry
Part IV – Constitution, membership, etc., of the Defence Force
16. Constitution of Army, etc.
17. Constitution of each Regular ForceThe Regular Force of the Army, Navy or Air Force shall consist of—
18. Constitution of each Reserve ForceThe Reserve Force of the Army, Navy or Air Force shall consist of—
19. Constitution of Militia
20. Ranks in the Defence Force
21. Service in Seychelles of members of other defence force
Part V – Terms and conditions of service
22. Appointment to rank on enrolment
23. Enrolment of person under 18 years of ageNo person who is under the age of 18 years shall be enrolled without the consent in writing of his parents or his guardian or, when the parents or guardian are dead or unknown, of the President.
24. Effect of irregular enrolment
25. Period of service
26. Termination of service
Part VI – Service and employment of Defence Force
27. Service of Regular Force
28. Service of Reserve Force and MilitiaExcept as prescribed in section 29, members of a Reserve Force or of the Militia are not bound to serve continuously, but are bound—
29. Calling out of Reserve Force, etc.
30. Aid to civil powerWhere the Commander‑in‑Chief is of opinion that a situation threatening national security or the preservation of public order exists to such an extent that the intervention of the Defence Force to support the civil power is required, he may, by order, call out the Defence Force, or any part thereof, in aid of the civil power.
31. Members of Defence Force given police powersA member of the Defence Force on duty under section 30 has and may exercise and perform, in addition to his powers and duties as a member of the Defence Force, all the powers and duties of a police officer under the Police Force Act or otherwise; but he shall act while so on duty as a member of the Defence Force and is obliged to obey lawful orders as required by section 6.
32. Civil disastersThe Defence Force, or a part thereof, shall, at the direction of the Commander‑in‑Chief, give assistance to the civil power in the event of a civil disaster.
33. Service in the public interest
34. International peace‑keeping operationsThe Commander‑in‑Chief may require any Regular Force, or part thereof, to take part outside Seychelles in any international peace‑keeping operation on such terms and conditions as he determines.
35. SavingsNothing in this Part operates to prevent any other law conferring powers or imposing duties on the Defence Force or members thereof.
Part VII – Miscellaneous and regulations
36. UniformThe uniform, with distinctive marks or badges, of the Army, Navy, Air Force and Militia and units of these Forces shall be as prescribed in Regulations.
37. Attachment of members of Defence ForceA member of the Defence Force may be attached to any Government Department or authority, or to any other body or authority within or outside Seychelles, including the government of any other country, in such manner and on such conditions as the Commander‑in‑Chief may determine.
38. ApprenticeshipThe Commander‑in‑Chief may provide or arrange for the provision of apprenticeship and other courses of training and education for members of the Defence Force.
39. Personal effectsWhere a member of the Defence Force dies, is missing or deserts, his personal and household effects may be taken and dealt with as shall be prescribed with a view to their being disposed or in accordance with law to or for the benefit of the person entitled to them by law.
42. EvidenceThe production of any appointment, warrant, determination, arrangement or order in writing purporting to be granted or made under this Act is evidence of the appointment, warrant, determination, arrangement or order without proof of the signature thereto, or the authority of the person granting or making the appointment, warrant or determination.
History of this document
01 January 1981