Constitutional Law

Government of Seychelles v Public Service Appeal Board & Anor (MC 87/2018) [2019] SCSC 654 (30 July 2019);

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Judicial review of decision of Public Service Appeal Board – standing to challenge decision of “independent” body- Government of Seychelles’ capacity to sue or be sued in its own name- authority to swear affidavit.

TWOMEY CJ [1]            The Petitioner has brought a case for the judicial review of a decision of the First Respondent concerning the Second Respondent. In essence, the matter for review concerns the decision of the Commissioner of Police to transfer a member of its force, a police constable, namely the Second Respondent from La Digue Police Station to Anse Royale Police Station.

Albert v Government of Seychelles & Attorney General (CP 5/2018) [2019] SCCC 6 (09 July 2019);

Petition under article 26(1) of the Constitution - whether a policy statement can consist of a permissible derogation of a right to property. Petition granted - Tourism Department Policy Statement on Vertical Integration found to be a breach of Article 26(1), and therefore void and unenforceable.

Volcere v Minister for Home Affairs & Local Government & Ors (CP 10/2017) [2019] SCCC 2 (31 May 2019);

BURHAN J (NUNKOO J concurring)

 This case raises constitutional questions regarding whether or not the Minister for Home Affairs and Local Government (1st  Respondent) has failed, refused or neglected to make regulations in terms of the Misuse of Drugs Acts 2016 (MODA 2016), and whether this failure violates the Petitioner’s mother’s right to health, life and dignity.

[1]        The Petitioner in his amended petition dated 27th  March 2018 seeks the following relief, namely that the Constitutional Court:

Minister Responsible for Public Administration (Faure) v Speaker of The National Assembly (Prea) (MA 126/2019) [2019] SCSC 374 (10 May 2019);

VIDOT J

 

[1]        The Petitioner is the President of Seychelles, but prosecutes this case in the capacity as Minister responsible for Public Administration in the Executive arm of Government. The Respondent is the Speaker of the National Assembly, the Legislative branch of Government. He is being sued in the capacity as Speaker.

Green v Payet & Ors (CS 158/2018) [2019] SCSC 33 (28 January 2019);

 TWOMEY CJ

[1]        In a matter between the Plaintiff and the Defendants involving the disposition by gift inter vivos of the de cujus, Walter Marston Green, the Defendants raised the following plea in limine litis:

Articles 913 and 920 of the Civil Code – on which the suit – is based- is unconstitutional in that they are in contravention of the right to acquire, own and peacefully enjoy and dispose of property as protected by Article 26 of the Constitution

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