Government of Seychelles v Bordino (MA 16 of 2023 (Arising in MC 18 of 2019)) [2024] SCSC 113 (19 July 2024)

Citation
Government of Seychelles v Bordino (MA 16 of 2023 (Arising in MC 18 of 2019)) [2024] SCSC 113 (19 July 2024)
Media Neutral Citation
[2024] SCSC 113
Court
Supreme Court
Case number
MA 16 of 2023 (Arising in MC 18 of 2019)
Attorneys
F. Elizabeth,
Judges
Burhan, J
Judgment date
19 July 2024
Language
English
Type
Judgment
Other documents
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Case summary

Disposal Order in terms of Section 5(1) of POCA

Order

I proceed to issue a Disposal Order in terms of Section 5(1) of POCA, directing that the whole of the property described in the notice of motion dated 27th January 2023, namely Parcel V17532 comprising of condominium unit A4 in Zanmalak, Eden Island, Mahe Seychelles be unconditionally transferred to the Republic. I make further order that such transfer shall confer absolute title to the Republic free from any claim of any interest therein.

BURHAN J

  1. On the 27 January 2023, the Government of Seychelles represented by State Counsel Mrs Nissa Thompson, filed a Notice of Motion MA 16 of 2023 arising from case MC 18 of 2019 seeking a Disposal Order under Section 5 of Proceeds of Crime (Civil Confiscation) Act (POCA) in respect of the property set out in paragraph 4 of the notice of motion i.e. Parcel V17532 comprising of condominium unit A4 in Zanmalak, Eden Island, Mahe Seychelles.

  2. I have considered the facts set out in the Application and affidavit of Superintendent Thaver dated 27th January 2023 attached to the notice of motion. It is stated in the said application and affidavit filed, that an Interlocutory Order under Section 4 of POCA was given by the Supreme Court on the 27th March 2020 and has been in force for not less than 12 months in relation to the said property. It is further stated in the affidavit that the deponent is unaware of any appeal pending in respect of the Interlocutory Order. A copy of the said Interlocutory Order has been annexed as ‘DJ1.’

  3. It is further stated that there is no pending application under section 4 (3) of the POCA before any court on behalf of the Respondent or any other person in respect of the said property. I will proceed to accept the affidavit as evidence placed before this Court which is supported by the annexed document being the Interlocutory Order dated 27th March 2020.

  4. I am satisfied on perusal of the said affidavit evidence and documents annexed to the Application that an Interlocutory Order has been given in respect of the said property on the 27th March 2020 and that in terms of Section 5 (1) of the POCA, the said order has been in force since then for over a period of 12 months.

  5. After substituted service was affected on the Respondent, Mr Elizabeth made an appearance on his behalf and on perusal of the proceedings of 20 September 2023, Mr Elizabeth did not file a reply or objections and moved that the Disposal Order application be fixed for order. Accordingly, the matter was fixed for order for the 1st of December 2023. However, on the 29th November 2023, Mr Elizabeth filed an application MA 398/23 seeking a stay of the Disposal Order on the basis that there was a Constitutional Case 03/2023 pending before the Constitutional Court. However, since then learned Counsel Mrs Thompson for the Applicant has in the proceedings dated 12 June 2024, informed the Court that the said Constitutional Court application has been dismissed on the basis of it being out of time. The Court takes notice of the Constitutional Court Order in Bordino & Anor v Government of Seychelles & Anor (MA 196 of 2023 (Arising in CP 03 of 2023)) [2024] SCCC 4 on the 28 May 2024, dismissing the said application.

  6. Therefore, the basis on which the stay application is sought is not in existence and the stay application in respect of granting the Disposal Order fails and is dismissed.

  7. I will now proceed to deal with the Disposal Order. I am also satisfied in terms of Section 5 (2) of the POCA that there is no appeal pending before the Court of Appeal in respect of the said Interlocutory Order or any order under section 4 of POCA and there is no application pending under section 4(3) of the POCA before any Court in respect of the said property. This Court, having considered all the salient facts before it, is satisfied that no injustice will be caused to any person in terms of Section 5 (10) of the said Act, if the Disposal Order be given.

  8. I therefore proceed to issue a Disposal Order in terms of Section 5(1) of POCA, directing that the whole of the property described in the notice of motion dated 27th January 2023, namely Parcel V17532 comprising of condominium unit A4 in Zanmalak, Eden Island, Mahe, Seychelles be unconditionally transferred to the Republic. I make further order that such transfer shall confer absolute title to the Republic free from any claim of any interest therein. I make further order that such transfer shall confer absolute title to the Republic free from any claim of any interest therein.

Signed, dated and delivered at Ile du Port on 19 July 2024.

 

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M Burhan J

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