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Seychelles
Constitution of the Republic of Seychelles
Chapter 42
- Published in Supplement of Official Gazette on 21 June 1993
- Assented to on 21 June 1993
- Commenced on 21 June 1993
- [This is the version of this document as it was at 1 June 2020 to 19 June 2022.]
- [Amended by Constitution of the Republic of Seychelles (First Amendment) Act, 1994 (Act 7 of 1994) on 11 July 1994]
- [Amended by Constitution of the Republic of Seychelles (Second Amendment) Act, 1995 (Act 5 of 1995) on 27 March 1995]
- [Amended by Constitution of the Republic of Seychelles (Third Amendment) Act, 1995 (Act 19 of 1995) on 20 November 1995]
- [Amended by Constitution of the Republic of Seychelles (Fourth Amendment) Act, 1996 (Act 14 of 1996) on 5 August 1996]
- [Amended by Constitution of the Republic of Seychelles (Fifth Amendment) Act, 2000 (Act 7 of 2000) on 6 June 2000]
- [Amended by Constitution of the Republic of Seychelles (Sixth Amendment) Act, 2011 (Act 7 of 2011) on 12 July 2011]
- [Amended by Constitution of the Republic of Seychelles (Seventh Amendment) Act, 2016 (Act 4 of 2016) on 16 October 2016]
- [Amended by Constitution of the Republic of Seychelles (Eighth Amendment) Act, 2017 (Act 5 of 2017) on 19 April 2017]
- [Amended by Constitution of the Republic of Seychelles (Ninth Amendment) Act, 2018 (Act 8 of 2018) on 23 August 2018]
Chapter I
The Republic
1. Declaration of Authority
Seychelles is a sovereign democratic Republic.2. National territory
3. National symbols
There shall be a Public Seal, a National Flag, a National Anthem, a National Emblem and a National Motto, each of which shall be as prescribed by an Act.4. National languages
5. Constitution is supreme law
This Constitution is the supreme law of Seychelles and any other law found to be inconsistent with this Constitution is, to the extent of the inconsistency, void.6. Principles of interpretation
Schedule 2 shall apply for and with respect to the interpretation of this Constitution.Chapter II
Citizenship
7. Persons continuing to be citizen
A person who, immediately before the coming into force of this Constitution, was a citizen of Seychelles by birth, descent, naturalisation or registration shall, on and after that date, continue by virtue of this article to be a citizen of Seychelles by birth, descent, naturalisation or registration, as the case may be.8. Persons born in Seychelles
Subject to article 9, a person born in Seychelles on or after the coming into force of this Constitution, shall become a citizen of Seychelles at the date of birth.9. Limitation on operation of article 8
10. Persons born outside Seychelles before Independence Day
10A. Persons born outside Seychelles after Independence Day but before 5th June 1979
A person born outside Seychelles on or after the Independence Day but before the 5th June, 1979 whose mother was a Seychellois at the time of the person’s birth is eligible to become a citizen of Seychelles by naturalisation or registration.11. Persons born outside Seychelles after this Constitution
A person born outside Seychelles on or after the coming into force of this Constitution shall become a citizen of Seychelles at the date of birth if at that date the person’s father or mother is a citizen of Seychelles.12. Marriage to citizen of Seychelles
13. Acquisition of citizenship, etc
14. Interpretation of Chapter II
Chapter III
Part I – Seychellois Charter of fundamental human rights and freedoms
15. Right to life
16. Right to dignity
Every person has a right to be treated with dignity worthy of a human being and not to be subjected to torture, cruel, inhuman or degrading treatment or punishment.17. Freedom from slavery and forced or compulsory labour
18. Right to liberty
19. Right to a fair and public hearing
20. Right to privacy
21. Freedom of conscience
22. Freedom of expression
23. Right of assembly and association
24. Right to participate in Government
25. Freedom of movement
26. Right to property
27. Right to equal protection of the law
28. Right of access to official information
29. Right to health care
30. Right of working mothers
The State recognises the unique status and natural maternal functions of women in society and undertakes as a result to take appropriate measures to ensure that a working mother is afforded special protection with regard to paid leave and her conditions at work during such reasonable period as provided by law before and after childbirth.31. Right of minors
The State recognises the right of children and young persons to special protection in view of their immaturity and vulnerability and to ensure effective exercise of this right the State undertakes—32. Protection of families
33. Right to Education
The State recognises the right of every citizen to education and with a view to ensuring the effective realisation of this right undertakes—34. Right to shelter
The State recognises the right of every citizen to adequate and decent shelter conducive to health and well-being and undertakes either directly or through or with the co-operation of public or private organisations to facilitate the effective realisation of this right.35. Right to work
The State recognises the right of every citizen to work and to just and favourable conditions of work and with a view to ensuring the effective exercise of these rights the State undertakes—36. Right of the aged and the disabled
The State recognises the right of the aged and the disabled to special protection and with a view to ensuring the effective exercise of this right undertakes—37. Right to social security
The State recognises the right of every citizen to a decent and dignified existence and with a view to ensuring that its citizens are not left unprovided for by reason of incapacity to work or involuntary unemployment undertakes to maintain a system of social security.38. Right to safe environment
The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realisation of this right the State undertakes—39. Right to cultural life and values
Part II – Fundamental duties
40. Fundamental duties
It shall be the duty of every citizen of Seychelles—Part III – State of emregency and savings
41. Declaration of state of emergency
42. Provisions where National Assembly is not sitting or in session
43. Restrictions of rights and freedoms during a period of public emergency
44. Savings in relation to disciplinary force
Part IV – Remedies
45. Abuse of right or freedom
This Chapter shall not be interpreted so as to confer on any person or group the right to engage in any activity aimed at the suppression of a right or freedom contained in the Charter.46. Remedies for infringement of the Charter
Part V – Principles of interpretation
47. Scope of exceptions
Where a right or freedom contained in this Charter is subject to any limitation, restriction or qualification, that limitation, restriction or qualification—48. Consistency with international obligations of Seychelles
This Chapter shall be interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms and a court shall, when interpreting the provision of this Chapter, take judicial notice of—49. Interpretation
In this Chapter, unless the context otherwise requires—"Charter" or "Seychelles Charter of Fundamental Human Rights and Freedoms" means Part 1 of this Chapter;"contravene", in relation to a requirement or condition in this Chapter, includes a failure to comply with the requirement or condition;"court" means any court of law or tribunal having jurisdiction in Seychelles excepting, save as in articles 19 and 46, a court established by or under a disciplinary law;"democratic society" means a pluralistic society in which there is tolerance, proper regard for the fundamental human rights and freedoms and the rule of law and where there is a balance of power among the Executive, Legislature and Judiciary;"disciplinary force" means—(a)a naval, military or air force;(b)the police force of Seychelles;(c)the prison service of Seychelles;(d)any other similar force established by law."disciplinary law" means a law regulating the discipline of a disciplinary force;"governmental authority" includes a department, division, agency or instrumentality of the Government and any statutory body or body set up by administrative action for governmental or official purposes;"legal practitioner" means a person lawfully in or entitled to be in Seychelles and entitled to practice law in Seychelles;"member", in relation to a disciplinary force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;"minor" means an individual who has not attained the age of eighteen years;"period of public emergency" means any period during which(a)Seychelles is at war; or(b)a declaration made under article 41 is in force; "person" means an individual or a body corporate;“person” means an individual or a body corporate;"public officer" includes a person employed by a governmental authority.Chapter IV
The President
50. President of Seychelles
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.51. Qualification for election as President and election
52. Tenure of office of President
52A. Appealing for fresh mandate
53. Removal of the President for incapacity
54. Removal of President for violation of Constitution or gross misconduct
55. Vacancy in the office of President
56. Discharge of functions of President during temporary absence from office
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 form 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.[Article 56 repealed and substituted by section 3(b) of Act 14 of 1996 w.e.f. 14 August 1996]57. Oath of President
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.58. Salary and allowances for President
59. Protection of President in respect of legal proceedings during office
60. Power of pardon
61. Advisory committee
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.62. Establishment and abolition of and appointment to offices
63. Appointments subject to approval of National Assembly
64. Diplomatic representative and execution of treaties
65. Presidential message
The President shall—Chapter V
The Executive
66. Executive authority of the Republic
66A. Vice-President
67. Cabinet
68. Functions of the Cabinet
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 the President.69. Ministers
70. Functions of Ministers
71. Collective responsibility of Cabinet
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.[Article 71 repealed and substituted by section 3(g) of Act 14 of 1996 w.e.f. 14 August 1996]72. Term of office of Ministers
A Minister, unless the Minister—73. Resignation and removal of Ministers
74. Vote of censure
75. Designated Minister
76. Attorney-General
Chapter VI
Legislature
Part I – National Assembly
77. National Assembly
There shall be a National Assembly of Seychelles.78. Composition of National Assembly
The National Assembly shall consist of—79. General election and by-election
80. Qualification for membership to the National Assembly
A person is qualified to be elected as a member of the National Assembly if—81. Vacation of seats
82. Determination of question as to membership
83. Speaker and Deputy Speaker
84. Leader of the Opposition
84A.
Part II – Legislative power and its exercise
85. Vesting of legislative power
The legislative power of Seychelles is vested in the National Assembly and shall be exercised subject to and in accordance with this Constitution.86. Exercise of legislative power
87. Referral of Bills to Constitutional Court by President
88. Withholding of assent by President
89. Subsidiary legislation
Articles 85 and 86 shall not operate to prevent an Act from conferring on a person or authority power to make subsidiary legislation.90. Restriction on certain measures
Except on the recommendation of the President, signified by the Minister for the time being responsible for finance, the National Assembly shall not—Part III – Alteration of the Constitution
91. Alteration of the Constitution
Part IV – Procedures in the National Assembly
92. President may address National Assembly
93. Attendance of Ministers at meetings of the National Assembly
94. Right to introduce Bills
95. Quorum of the National Assembly
96. Voting
97. Meeting of the Assembly open to the public
Subject to the Standing Orders meetings of the National Assembly shall be open to the public and may be broadcast.98. President of meetings of the National Assembly
99. Oath to be taken by members
A member shall not take part in the proceedings of the National Assembly, other than the proceedings for the purposes of this article, until the member has taken and subscribed before the Assembly the oath of allegiance.100. Validity of proceedings
The National Assembly may act, notwithstanding any vacancy in its membership, including any vacancy not filled when the Assembly first meets after an election, and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the Assembly shall not invalidate the proceedings.101. Standing Orders
Subject to this Constitution, the National Assembly may make Standing Orders for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of the Assembly and for related purposes.102. Privileges and immunities
103. Service of process
A process issued by a court shall not be served or executed within the precincts of the National Assembly, as defined by or under an Act.104. Committees
105. Salary of members
Part V – Sessions and dissolution of the National Assembly
106. Session and dissolution of Assembly
107. First meeting of National Assembly
The President shall, by Proclamation published in the Gazette, summon the first meeting of the National Assembly in a session not later than four months after the end of the immediately preceding session of the Assembly.108. Place and time of meetings
Subject to article 109, each succeeding meeting of the National Assembly after the first meeting of the Assembly shall be held at such place and commence at such time as the Speaker may determine or as may be prescribed by the Standing Orders.109. President may summon meetings
The President may, at any time by Proclamation published in the Gazette, summon a meeting of the National Assembly.110. Dissolution of Assembly by President
111. Dissolution of Assembly by Assembly
Where the National Assembly at a meeting summoned for this purpose resolves by the affirmative votes of not less than two-thirds of the number of members of the Assembly that the Assembly be dissolved, the National Assembly shall stand dissolved on the day next following the passing of the resolution.Chapter VII
Electoral areas, franchise and electoral commission
[amended by section 2(d) of Act 7 of 2011 w.e.f. 12 July 2011]112. Electoral areas
113. Right to vote
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 area—114. Qualification for registration as a voter
115. Electoral Commission
115A. Members of the Commission
115B. Qualification of Member
A person is qualified to be a Chairperson and Members of the Commission if the person is a citizen of Seychelles who—115C. Tenure of Office
116. Functions of Electoral Commission
117. Control of funds in relation to election and referendum
An Act shall provide for the regulation and control by the Electoral Commission of—118. Registration of political parties and control of funds
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.[Article 118 amended by section 2(i) of Act 7 of 2011 w.e.f. 12 July 2011]Chapter VIII
Judiciary
Part I – General
119. Judicial power of Seychelles
Part II – Court of Appeal
120. Establishment and jurisdiction of Court of Appeal
121. Composition of Court of Appeal
The Court of Appeal shall consist of—122. Qualification of Justices of Appeal
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.123. Appointment of Justices of Appeal
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. Acting appointment of Justices of Appeal
Part III – Supreme Court
125. Establishment and jurisdiction of Supreme Court
126. Qualification of Judges and Masters
127. Appointment of Judges and Masters
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. Acting appointment of Judges
Part IV – Constitutional questions
129. Supreme Court as Constitutional Court
130. Constitutional questions before Constitutional Court
Part V – Terms of appointment of Justices of Appeal and Judges
131. Tenure of office of Justices of Appeal and Judges
132. Miscellaneous provisions with respect to tenure
133. Salary etc. of Justices of Appeal and Judges
134. Removal of Justice of Appeal or Judge from office
Part VI – Miscellaneous
135. Oaths to be taken by Justices of Appeal, Judges and Masters of Supreme Court
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. Rules of Court
137. Other courts
Acts may—138. Seal of Court
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".Chapter IX
Constitutional Appointments Authority
139. Establishment of Constitutional Appointments Authority
140. Composition of Constitutional Appointments Authority
141. Qualification for membership
A person is qualified to be a member of the Constitutional Appointments Authority if the person is a citizen of Seychelles who—142. Tenure of office etc.
Chapter X
Ombudsman
143. Ombudsman
144. Tenure of office of Ombudsman
Chapter XI
Public Service Appeal Board
145. Establishment of the Public Service Appeal Board
146. Functions of the Public Service Appeal Board
147. Investigative power
148. Composition of Public Service Appeal Board
149. Qualification for membership
A person is qualified to be a member of the Public Service Appeal Board if the person is a citizen of Seychelles who—150. Tenure of office etc.
Chapter XII
Finance
151. Consolidated Fund
There shall be a Consolidated Fund into which shall be paid all revenues or other moneys raised or received for the purposes or on behalf of the Republic, not being revenues or other moneys that are payable by or under an Act for some specific purpose or into some other fund established under an Act for a specific purpose.152. Withdrawal from Consolidated Fund
153. Public debt
The public debt of Seychelles shall be a charge on the Consolidated Fund and other public funds established by or under this Constitution.154. Appropriation Act and statement of account
155. Authorisation of expenditure in advance of appropriation
Where the Appropriation Act in respect of any financial year has not come into operation by the beginning of the financial year, the National Assembly by resolution may authorise the withdrawal of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the service of the Government until the expiration of four months from the beginning of the financial year or the coming into operation of that Appropriation Act, whichever is the earlier.156. Contingencies Fund and other funds
157. Imposition of taxation
158. Auditor-General
Chapter XIII
The Police Force
159. Establishment of Police Force
160. Commissioner of Police
161. Functions of Police Force
The functions of the Police are—Chapter XIV
Defence Forces
162. Establishment of Defence Forces
163. Functions of Defence Forces
Chapter XV
Miscellaneous
164. Referendum
165. Removal of certain officers
166. Removal of Commissioners
167. Local Administration
168. Independent State-owned broadcasting media
169. Oath of allegiance
Schedule 6 shall have effect with regard to the oath of allegiance and the Presidential oath under this Constitution and a law may provide for any other oath required under this Constitution.Chapter XVI
Transitional provisions
170. Schedule 7
The transitional provisions specified in Schedule 7 shall have effect notwithstanding anything to the contrary in this Constitution or in the Constitution of Seychelles (Preparation and Promulgation) Act, 1992.History of this document
20 June 2022 amendment not yet applied
01 June 2020 this version
Consolidation