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Constitutional Court

The Constitutional Court is constituted when two or more Judges of the Supreme Court sit together to determine cases which concern the application, contravention, enforcement or interpretation of the  Constitution of Seychelles.

The Constitutional Court’s jurisdiction is provided for under Article 46 of the Constitution, which allows the Court to determine violations of the Seychelles Charter of Fundamental Human Rights and Freedoms. Article 130 of the Constitution allows the Constitutional Court to consider other violations of the Constitution that do not relate to the Charter of Human Rights and Freedoms.

Physical address
Palais De Justice Ile Du Port, Mahe, Seychelles, PO Box 57, Victoria
4 judgments
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4 judgments
Citation
Judgment date
October 2021
19 October 2021
September 2021

The Petitioner’s affidavit is inadmissible in Seychelles Courts. An affidavit from a State that is not a party to the Convention Abolishing the requirements of Legislation for Foreign Public Documents, otherwise known as the “Apostille Convention” will only be admissible in Seychelles, if it is authenticated in terms of section 28 of the Evidence Act. The law of Evidence in England is not applicable in Seychelles since the Evidence Act in place in Seychelles governs the admissibility of foreign affidavits and how these should be authenticated.

7 September 2021
April 2021

Objections upheld: the first objection - petition filed out of time without any application requesting leave to file the petition out of time: the court is not empowered to grant leave where none has been sought: the second objectionconstitutional law: procedure after a request for a referral under Article 46(7) has been refused by the Supreme Court: petitioner may not have recourse to direct access in terms of Article 46( 1),petitioner either has to appeal refusal to refer if refusal was on merits or request another referral if refusal was only on form: petition dismissed for failure by petitioner to follow appropriate route of appeal or fresh request for referral.

27 April 2021

Compulsory acquisition of land – Part III of Schedule 7 to the Constitution

13 April 2021