Judiciary Act

Chapter number: 
104
In force: 
Yes

 

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CONSOLIDATED TO 6 JANUARY 2014

 

LAWS OF SEYCHELLES

CHAPTER 104

 

 JUDICIARY ACT

[7th January, 2008]

Act 9 of 2008

Act 16 of 2009

Act 28 of 2013

 

ARRANGEMENT OF SECTIONS                                     

PART I – PRELIMINARY

1.            Short title.

PART II – COURT OF APPEAL

2.            Appointment of President of the Court of Appeal and Justices of Appeal

3.            Salary, pension, gratuity, allowance and benefits of a President of the Court of Appeal     

4.            Salary, pension, gratuity, allowance and benefits of a Justice of Appeal      

5.            Fees for a non-resident President of the Court of Appeal and a Justice of Appeal  

6.            Allowance for Puisne Judge who is appointed as Justice of Appeal

                                              PART III – SUPREME COURT

7.            Appointment of Chief Justice, Puisne Judges and Masters

8.            Salary, pension, gratuity, allowance and benefits of Chief Justice

9.        Salary, pension, gratuity, allowance and benefits of a Puisne Judge

10.        Other conditions

11.        Salary and gratuity of Master

12.        Allowance of Registrar of Court of Appeal and Registrar of Supreme Court

                                   PART IV – MISCELLANEOUS

12A.      Number of years in office to be taken into consideration

12B.      Re-fixation of pension

12C.      No person to be affected adversely

13.        Repealed.

14.        Repeal of Cap. 104

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PART I – PRELIMINARY

1.            This Act may be cited as the Judiciary Act.

PART II – COURT OF APPEAL

2.(1) There shall be appointed to the Court of Appeal, by the President under article 123 of the Constitution, a President of the Court of Appeal and two or more Justices of Appeal.

(2)   The President of the Court of Appeal may appoint any Puisne Judge to sit as a Justice of Appeal of the Court of Appeal:

Provided that the Puisne Judge appointed shall not have heard the case at the first instance before the Supreme Court or on appeal from the Magistrates’ Court.

 3.(1) The President of the Court of Appeal —

(a)  if resident in Seychelles, shall be entitled to —

(i) a monthly salary of a sum specified at step 1 of salary band-18 of the Public Service Salary Table under the Public Service Salary Act, 2013, which shall on completion of each 12 month be progressed to the next step in accordance with that salary band;

(ii) free Government housing or housing allowance of SCR25,000 in lieu thereof;

(iii) free transport and a chauffeur;

(iv) in the case of a resident non- Seychellois national —

(aa)  an educational allowance of R1000 per child for up to 4 children who are aged 3 to 18 years old and enrolled in a registered  educational institution in Seychelles; and

(bb) free passage after every 2 years, for the appointee, the spouse and up to 4 children who are below 18 years, to the country of residence by the most economical route;

(v)  a gratuity of 25% of the total salary paid during each calendar year; and

(vi) upon completion of every five years of service, or part thereof, in the case of vacation otherwise than by being removed under Article 134 of the Constitution, the President of the Court of Appeal shall be paid  a  gratuity of an amount equal to 50% of salary earned during that period.

(b)    if a Seychelles national, upon ceasing to hold office,  shall  be  entitled  to  a  pension, of an amount equivalent to 5/12 of 1% of the monthly salary in that salary band, referred to in paragraph (a)(i), at which the person ceased to hold office as such, or, of any other designated office specified under section 8(1) of the Constitutional Appointees’ Emoluments Act, in respect of each completed  month of  service, up to a maximum of 180 months, subject to section 8(3), (4) and (5) of the said Act.

(2)  The salary and the allowance stipulated in subparagraph (iv) (aa) shall be paid monthly in arrears and the gratuity shall be paid annually at the end of each calendar year or where the appointment of the President of the Court of Appeal terminates before the end of the calendar year, upon termination.

4.(1)  A Justice of Appeal —

(a) if resident in Seychelles, shall be entitled to —

(i) a monthly salary of a sum specified at step 1 of salary band-17 of the Public Service Salary Table under the Public Service Salary Act, 2013, which shall on completion of each 12 month be progressed to the next step in accordance with that salary badn;

(ii) free government housing or housing allowance of SCR25,000 in lieu thereof;

(iii) free transport and a chauffeur;

(iv) in the case of a resident non Seychellois national —

(aa)  an educational allowance of R1000 per child for up to 4 children who are aged 3 to 18 years old and enrolled in a registered educational  institution in Seychelles; and

(bb) free passage after every 2 years,  for  the  appointee,  the spouse and up to 4 children who  are below 18 years, to the country of residence by the most economical route;

(v) gratuity of 25% of the total salary paid during each calendar year; and

(vi) Upon completion of every five years of service, or part thereof, in the case of vacation otherwise than by being removed  under  Article 134 of  the  Constitution, a Justice of Appeal shall be paid a gratuity equal to 50% of the salary earned during that period.

(b) if a Seychelles national, upon ceasing to hold office, shall be entitled to a pension, of an amount equivalent to 5/12 of 1% of the monthly salary of in that salary band, referred to in paragraph (a)(i), at which the person ceased to hold office as such, or, of any other designated office specified under section 8(1) of the Constitutional Appointees’ Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4) and (5) of the said Act.

(2)  The salary and the allowance stipulated in subparagraph (iv) (aa) shall be paid monthly in arrears and the gratuity shall be paid annually at the end of each calendar year or where the appointment of a Justice of Appeal terminates before the end of the calendar year, upon termination.

5.      Where the President of the Court of Appeal or a Justice of Appeal is not resident in Seychelles, there shall be paid ?

(a)      to the President of the Court of Appeal, the 2/3rd of the salary specified in section 3(1)(a)(i);

(b)      to the Justice of Appeal, the 2/3rd of the salary specified in section 4(1)(a)(i);

(c)      when they attend a session of the Court of Appeal, the whole of the salary payable to the President or the Court of Appeal or the Justice of Appeal, as the case may be, for that session;

(d)      gratuity of 25% of the total salary paid during each calendar year.

6.      Where a Pusine Judge is appointed under section 2(2)  to hear any appeal case, he shall be entitled to an allowance of R500.

PART III – SUPREME COURT

7.      There shall be appointed to the Supreme Court, by the President under article 127, a Chief Justice, and three or more Pusine Judges and one or more Masters.

8.(1)  The Chief Justice shall be entitled to — 

(a) a monthly salary of a sum specified at step 1 of salary band-18 of the Public Service Salary Table under the Public Service Salary Act, 2013, which shall on completion of each 12 month be progressed to the next step in accordance with that salary band;

(b) free government housing or housing allowance of SCR25,000 in lieu thereof;

(c)  free transport and a chauffeur;

(d) in the case of a non-Seychellois national —

(i) an educational allowance of R.1000 per child for up to 4 children who are  aged 3 to 18 years old and enrolled in a registered educational institution in Seychelles; and

(ii) free annual passage, for the appointee, the spouse and up to 4 children who are below 18 years, to the country of residence by the most economical route;

(iii)  Supplementation allowance of R.14,000.

(e) a gratuity of 25% of the total salary paid during each calendar year;

(f) upon completion of every five years of service, or part thereof in the case of vacation of office otherwise than by being removed under Article 134 of the Constitution, the Chief Justice shall be paid a gratuity of an amount equal to 50% of the salary earned during that period.

(g) in the case of a Seychelles national, upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary in that salary band, referred to in paragraph (a), at which the person ceased to hold office as such, or, of any other designated office specified under section 8(1) of the Constitutional Appointees’ Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4) and (5) of the said Act.

(2)  The salary and the allowance stipulated in paragraph (d) (i) shall be paid monthly in arrears and the gratuity shall be paid annually at the end of each calendar year or where the appointment of the Chief Justice terminates before the end of the calendar year, upon termination.

9.(1)  A Puisne Judge shall be entitled to —

(a) a monthly salary of a sum specified at step 1 of salary band-17 of the Public Service Salary Table under the Public Service Salary Act, 2013, which shall on completion of each 12 month be progressed to the next step in accordance with that salary band;

(b) free government housing or housing allowance of SCR 25,000 in lieu thereof;

(c) free transport and a chauffeur;

(d) in the case of a non Seychellois national —

(i) an educational allowance of R.1000 per child for up to 4 children who are aged 3 to 18 years old and enrolled in a registered educational institution in Seychelles; and

(ii) free passage after every 2 years, for the appointee, the spouse and up to 4 children who are below 18 years, to the country of residence by the most economical route;

(e) a gratuity of 25% of the total salary paid during each calendar year;

(f) upon completion of every five years of service, or part thereof in the case of vacation of office otherwise than by being removed under Article 134 of the Constitution, a Puisne Judge shall be paid a gratuity of an amount equal to 50% of the salary earned during that period.

(g) if a Seychelles national, upon ceasing to hold office, a pension of an amount equivalent to 5/12 of 1% of the monthly salary in that salary band, referred to in paragraph (a), at which the person ceased to hold office as such, or, of any other designated office specified under section 8(1) of the Constitutional Appointees’ Emoluments Act, in respect of each completed month of service, up to a maximum of 180 months, subject to section 8(3), (4) and (5) of the said Act.

(2)  The  salary and the allowance stipulated in paragraph (d) (i) shall be paid monthly in arrears and the gratuity shall be paid annually at the end of each calendar year or where the appointment of a Puisne Judge terminates before the end of the calendar year, upon termination.

10.    No payment of allowance in lieu of provision of transport shall be made to the Chief Justice, the President of the Court of Appeal, a Justice of Appeal and a Puisne Judge.

11.(1) A Master shall  be entitled upon appointment to the following — 

(a) a monthly salary of a sum specified at step 1 of salary band-16 of the Public Service Salary Table under the Public Service Salary Act, 2013, which shall on completion of each 12 month be progressed to the next step in accordance with that salary band;

(b) a gratuity of 25% of the total salary paid during each calendar year;

(c) upon completion of every five years of service, or part thereof in the case of vacation of office otherwise than by being removed under Article 134 of the Constitution, the Master of the Supreme Court shall be paid a gratuity of an amount equal to 50% of the salary earned during that period.

(2)  The salary shall be paid monthly in arrears and the gratuity shall be paid annually at the end of each calendar year or where the appointment of the Master terminates before the end of the calendar year, upon termination.

12.    Where the Master who is appointed under section 7 —

(a) is also appointed a Registrar of the Court of Appeal, he shall be entitled to a monthly allowance of R1500 payable in arrears; and

(b) is  also  appointed  a  Registrar of  the  Supreme Court, he shall be entitled to a monthly allowance of R3000 payable in arrears.

PART IV –  MISCELLANEOUS

12A.The salary of a person in office under this Act, on the commencement of the Judiciary (Amendment) Act, 2013, shall be the salary in the respective salary band depending on the number of years that the person has held office as such under the Constitution after the 21st June, 1993.

12B.The pension of a person, who is in receipt of such pension under section 3(1)(b), 4(1)(b), 8(1)(g) or 9(1)(g) on the date of the commencement of the Judiciary (Amendment) Act, 2013, shall, on such commencement, be re-fixed based on the salary that the person would have earned in the respective salary band depending on the number of years the person would have held the office as such had the person ceased office on the date of such commencement.

12C. No person shall, on the commencement of the Judiciary (Amendment) Act, 2013, be affected adversely and shall continue to enjoy the salary, gratuity or pension no less favourable than those enjoyed by them before such commencement.

13.    Repealed [by Act 28 of 2013 with effect from 1 July 2014].

14.    The Judiciary Act 1976 is hereby repealed.

 

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NO SUBSIDIARY LEGISLATION

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