Seychelles

Table of Contents:

• General Right to Vote
• Exclusion or Potential Exclusion Based on Disability
• Candidacy or Holding Office

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Article 114, clause 1 states:

A person who is a citizen of Seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an Act on the ground of:

• (a) infirmity of mind;
• (b) criminality; or
• (c) residence outside Seychelles.

 

Excerpt from the Constitution of the Republic of Seychelles (1993, last amended 2011)

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Article 18 states:

(1) Every person has a right to liberty and security of the person.

(2) The restriction, in accordance with fair procedures established by law, of the right under clause (1) in the following cases shall not be treated as an infringement of clause (1)-…

• (d) the arrest or detention for the treatment and rehabilitation of a person who is, or reasonably suspected to be, of unsound mind or addicted to drugs to prevent harm to that person or to the community….

 

Article 53 states:

(1) This article shall have effect with regard to the removal of the President from office on the ground of mental or physical incapacity.

(2) Where the Cabinet resolves, upon a motion supported by the votes of a majority of all the members of the Cabinet that the question of the mental or physical capacity of the President to discharge the functions of the office of President ought to be investigated, the Cabinet shall so inform the Chief Justice.

(3) Where notice in writing signed by not less than half the number of members of the National Assembly of a motion requesting that the question of the mental or physical capacity of the President to discharge the functions of the office of President ought to be investigated is given to the Speaker, the Speaker shall−

• (a) where the National Assembly is sitting or has been summoned to meet within five days, cause the motion to be considered by the Assembly as soon as is practicable within seven days of the notice;
• (b) where the National Assembly is not then sitting, summon the Assembly to meet on a date within fourteen days of the notice and cause the motion to be considered at that meeting.

(4) Where a motion under clause (3) is proposed for consideration by the National Assembly, the Assembly shall not debate the motion but the Speaker shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less that two-thirds of the number of its members, shall declare the motion to be passed and shall deliver a copy of the motion to the President and the Chief Justice.

(5) Where the Chief Justice is informed under clause (2) or receives a copy of a motion under clause (4), the Chief Justice shall appoint a medical board consisting of not less than three persons selected by the Chief Justice from among persons who are qualified as medical practitioners under a law, and the medical board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board as to whether or not the President is, by reason of and infirmity of body or mind, incapable discharging the functions of the office of President.

(6) Where under clause (5) the medical board reports that the President is capable of discharging the functions of the office of President, the Chief Justice shall inform accordingly−

• (a) where the investigation was carried out at the instance of the Cabinet, the Cabinet; or
• (b) where the investigation was carried out at the instance of the National Assembly, the Speaker, and, as soon as is practicable, thereafter the Cabinet shall inform the President accordingly or the Speaker shall inform the President and the National Assembly accordingly, as the case may be.

(7) Where under clause (5) the medical board reports that the President is incapable of discharging the functions of the office of President, the Chief Justice shall certify in writing accordingly and−

• (a) where the investigation was carried out at the instance of the Cabinet, submit the findings to the Cabinet, and the Cabinet shall inform the President of the findings and submit the findings to the Speaker; or
• (b) where the investigation was carried out at the instance of the National Assembly, submit the findings to the Speaker and the Speaker shall inform the President of the findings.

(8) Where the Speaker receives a report under clause (7), the speaker shall,−

• (a) where the National Assembly is sitting or has been summoned to meet within five days, cause the findings of the medical board to be considered by the Assembly as soon as is practicable; or
• (b) where the National Assembly is not sitting, immediately summon the Assembly to meet and cause the findings of the medical board to be considered at that meeting.

(9) Where the National Assembly, when if meets pursuant to clause (8), resolves by the votes of not less that two-thirds of the number of its members that the finding of the medical board be adopted, the President shall cease to hold office on the passing of the resolution.

 

Article 56 states:

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 from 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 75 states:

…(4) Where under the Constitution a function is required to be performed by the President and both the President and the Vice-President are unable to perform the function, the function may be performed by the designated Minister until the President or Vice-President is able to perform the function.

(5) Where under the Constitution a function, not being a function related to a Ministry or department assigned to the Vice-President by the President under article 66A) (2), is required to be performed by the Vice-President and the Vice-President is unable to perform the function, the function, may be performed by the designated Minister until the Vice-President is able to perform the function…

 

Article 114, clause 1 states:

A person who is a citizen of Seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an Act on the ground of

• (a) infirmity of mind…

 

Article 124 states:

(1) Where the office of President of the Court of Appeal is vacant or the President of the Court of Appeal is for any reason unable to perform the functions of the office of President of the Court of Appeal-

• (a) until a person has been appointed to and has assumed the functions of that office; or
• (b) until the person holding the office of President of the Court of Appeal has resumed the functions of that office, as the case may be the functions of the office of Presidents of the Court of Appeal shall be performed by a Justice of Appeal appointed for the purpose by the President from Justices of Appeal proposed by the Constitutional Appointments Authority.

(2) Where-…

• (b) a Justice of Appeal is for any reason unable to perform the functions of that office;
• (c) a Justice of Appeal is performing the functions of the President of the Court of Appeal under clause (1) the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as Justice of Appeal…

 

Article 128 states:

(1) Where the office of Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of the office of Chief Justice-

• (a) until a person has been appointed to and has assumed the functions of that office; or
• (b) until the person holding that office has resumed the functions of that office, as the case may be, the functions of the office shall be performed by a Judge appointed by the President from Judges proposed by the Constitutional Appointments Authority.

(2) Where-…

• (b) a Judge is for any reason unable to perform the functions of the office of a judge; or
• (c) the Chief Justice advises the President that the state of business in the Supreme Court so requires, the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as a Judge…

 

Article 134 states:

(1) A Justice of Appeal or Judge may be removed from office only-

• (a) for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and
• (b) in accordance with clauses (2) and (3).

(2) Where the Constitutional Appointments Authority considers that the question of removing a Justice of Appeal or Judge from office under clause (1) ought to be investigated-

• (a)the Authority shall appoint a tribunal consisting of a President and at least two other members, all selected from among persons who hold or have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or from among persons who are eminent jurists of proven integrity; and
• (b)the tribunal shall inquire into the matter, report on the facts thereof to the Authority and recommend to the President whether or not the Justice of Appeal or Judge ought to be removed from office.

(3) Where, under clause (2), the tribunal recommends that a Justice of Appeal or Judge ought to be removed from office, the President shall remove the Justice of Appeal or judge from office.

(4) Where under this article the question of removing a Justice of Appeal or Judge has been referred to a tribunal, the President may suspend the Justice of Appeal or Judge from performing the functions of a Justice of Appeal or Judge, but the suspension-

• (a) may, on the advice of the Constitutional Appointments Authority, be revoked at any time by the President;
• (b)shall cease to have effect if the tribunal recommends to the President that the Justice of Appeal or Judge ought not to be removed from office.

 

Article 165 states:

…(2) Any officer to whom this article applies [Attorney-General, Auditor-General, Members of the Electoral Commission and the Ombudsman] may be removed from office only-

• (a)for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and (b)in accordance with clauses (3) and (4).

(3) Where the Constitutional Appointments Authority considers that the question of removing any officer to whom this article applies ought to be investigated-

• (a)the Authority shall appoint a tribunal consisting of a President and not less that two other members all selected from among persons who hold or have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and
• (b) the tribunal shall inquire into the matter, report on the facts thereof and recommend to the President whether or not the officer ought to be removed from office.

(4) Where under clause (3), a tribunal recommends that an officer to whom this article applies ought to be removed from office, the President shall remove the officer from office.

(5) Where under this article the question of removing an officer to whom the article applies has been referred to a tribunal, the President may suspend the officer from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the President that the officer ought not to be removed from office.

 

Article 166 states:

(1) A member of the Constitutional Appointments Authority or a member of the Public Service Appeal Board, in this article referred to as a “Commissioner”, may be removed from office only- (a) for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause or for misbehaviour; and (b)in accordance with clauses (2) and (3).

(2) A Commissioner shall be removed from office by the President where the question of the removal of the Commissioner from office has been referred to a tribunal appointed under clause (3) and the tribunal has recommended to the President that the Commissioner ought to be removed from office.

(3) Where a resolution is passed by the votes of the majority of the members of the National Assembly that the question of removing a Commissioner ought to be investigated

• (a) the Speaker shall appoint a tribunal consisting of a President and not less than two other members all selected from persons who have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and
• (b) the tribunal shall inquire into the matter and report on the facts thereof and recommend to the President whether the Commissioner ought to be removed from office.

(4) Where under this article the question of removing a Commissioner has been referred to a tribunal, the President may suspend the Commissioner from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the President that the Commissioner ought not to be removed from office.

 

Schedule 2, article 7, clause 3 states:

Subject to subparagraph (5), where this Constitution confers a power to make an appointment, the power includes power to remove or suspend a person so appointed and to appoint another person temporarily in the place of a person so removed or suspended or, where the appointee is for any reason unable or unavailable to perform the duties for which the person was appointed, to appoint another person temporarily in the place of the appointee.

 

Excerpts from the Constitution of the Republic of Seychelles (1993, last amended 2011)

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Article 53 states:

(1) This article shall have effect with regard to the removal of the President from office on the ground of mental or physical incapacity.

(2) Where the Cabinet resolves, upon a motion supported by the votes of a majority of all the members of the Cabinet that the question of the mental or physical capacity of the President to discharge the functions of the office of President ought to be investigated, the Cabinet shall so inform the Chief Justice.

(3) Where notice in writing signed by not less than half the number of members of the National Assembly of a motion requesting that the question of the mental or physical capacity of the President to discharge the functions of the office of President ought to be investigated is given to the Speaker, the Speaker shall−

• (a) where the National Assembly is sitting or has been summoned to meet within five days, cause the motion to be considered by the Assembly as soon as is practicable within seven days of the notice;
• (b) where the National Assembly is not then sitting, summon the Assembly to meet on a date within fourteen days of the notice and cause the motion to be considered at that meeting.

(4) Where a motion under clause (3) is proposed for consideration by the National Assembly, the Assembly shall not debate the motion but the Speaker shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less that two-thirds of the number of its members, shall declare the motion to be passed and shall deliver a copy of the motion to the President and the Chief Justice.

(5) Where the Chief Justice is informed under clause (2) or receives a copy of a motion under clause (4), the Chief Justice shall appoint a medical board consisting of not less than three persons selected by the Chief Justice from among persons who are qualified as medical practitioners under a law, and the medical board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board as to whether or not the President is, by reason of and infirmity of body or mind, incapable discharging the functions of the office of President.

(6) Where under clause (5) the medical board reports that the President is capable of discharging the functions of the office of President, the Chief Justice shall inform accordingly−

• (a) where the investigation was carried out at the instance of the Cabinet, the Cabinet; or
• (b) where the investigation was carried out at the instance of the National Assembly, the Speaker, and, as soon as is practicable, thereafter the Cabinet shall inform the President accordingly or the Speaker shall inform the President and the National Assembly accordingly, as the case may be.

(7) Where under clause (5) the medical board reports that the President is incapable of discharging the functions of the office of President, the Chief Justice shall certify in writing accordingly and−

• (a) where the investigation was carried out at the instance of the Cabinet, submit the findings to the Cabinet, and the Cabinet shall inform the President of the findings and submit the findings to the Speaker; or
• (b) where the investigation was carried out at the instance of the National Assembly, submit the findings to the Speaker and the Speaker shall inform the President of the findings.

(8) Where the Speaker receives a report under clause (7), the speaker shall,−

• (a) where the National Assembly is sitting or has been summoned to meet within five days, cause the findings of the medical board to be considered by the Assembly as soon as is practicable; or
• (b) where the National Assembly is not sitting, immediately summon the Assembly to meet and cause the findings of the medical board to be considered at that meeting.

(9) Where the National Assembly, when if meets pursuant to clause (8), resolves by the votes of not less that two-thirds of the number of its members that the finding of the medical board be adopted, the President shall cease to hold office on the passing of the resolution.

 

Article 56 states:

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 from 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 75 states:

…(4) Where under the Constitution a function is required to be performed by the President and both the President and the Vice-President are unable to perform the function, the function may be performed by the designated Minister until the President or Vice-President is able to perform the function.

(5) Where under the Constitution a function, not being a function related to a Ministry or department assigned to the Vice-President by the President under article 66A) (2), is required to be performed by the Vice-President and the Vice-President is unable to perform the function, the function, may be performed by the designated Minister until the Vice-President is able to perform the function…

 

Article 124 states:

(1) Where the office of President of the Court of Appeal is vacant or the President of the Court of Appeal is for any reason unable to perform the functions of the office of President of the Court of Appeal-

• (a) until a person has been appointed to and has assumed the functions of that office; or
• (b) until the person holding the office of President of the Court of Appeal has resumed the functions of that office, as the case may be the functions of the office of Presidents of the Court of Appeal shall be performed by a Justice of Appeal appointed for the purpose by the President from Justices of Appeal proposed by the Constitutional Appointments Authority.

(2) Where-…

• (b) a Justice of Appeal is for any reason unable to perform the functions of that office;
• (c) a Justice of Appeal is performing the functions of the President of the Court of Appeal under clause (1) the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as Justice of Appeal…

 

Article 128 states:

(1) Where the office of Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of the office of Chief Justice-

• (a) until a person has been appointed to and has assumed the functions of that office; or
• (b) until the person holding that office has resumed the functions of that office, as the case may be, the functions of the office shall be performed by a Judge appointed by the President from Judges proposed by the Constitutional Appointments Authority.

(2) Where-…

• (b )a Judge is for any reason unable to perform the functions of the office of a judge; or
• (c) the Chief Justice advises the President that the state of business in the Supreme Court so requires, the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as a Judge…

 

Article 134 states:

(1) A Justice of Appeal or Judge may be removed from office only-

• (a) for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and
• (b) in accordance with clauses (2) and (3).

(2) Where the Constitutional Appointments Authority considers that the question of removing a Justice of Appeal or Judge from office under clause (1) ought to be investigated-

• (a)the Authority shall appoint a tribunal consisting of a President and at least two other members, all selected from among persons who hold or have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or from among persons who are eminent jurists of proven integrity; and
• (b)the tribunal shall inquire into the matter, report on the facts thereof to the Authority and recommend to the President whether or not the Justice of Appeal or Judge ought to be removed from office.

(3) Where, under clause (2), the tribunal recommends that a Justice of Appeal or Judge ought to be removed from office, the President shall remove the Justice of Appeal or judge from office.

(4) Where under this article the question of removing a Justice of Appeal or Judge has been referred to a tribunal, the President may suspend the Justice of Appeal or Judge from performing the functions of a Justice of Appeal or Judge, but the suspension-

• (a)may, on the advice of the Constitutional Appointments Authority, be revoked at any time by the President;
• (b)shall cease to have effect if the tribunal recommends to the President that the Justice of Appeal or Judge ought not to be removed from office.

 

Article 165 states:

…(2) Any officer to whom this article applies [Attorney-General, Auditor-General, Members of the Electoral Commission and the Ombudsman] may be removed from office only- (a)for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and (b)in accordance with clauses (3) and (4).

(3) Where the Constitutional Appointments Authority considers that the question of removing any officer to whom this article applies ought to be investigated-

• (a)the Authority shall appoint a tribunal consisting of a President and not less that two other members all selected from among persons who hold or have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and
• (b) the tribunal shall inquire into the matter, report on the facts thereof and recommend to the President whether or not the officer ought to be removed from office.

(4) Where under clause (3), a tribunal recommends that an officer to whom this article applies ought to be removed from office, the President shall remove the officer from office.

(5) Where under this article the question of removing an officer to whom the article applies has been referred to a tribunal, the President may suspend the officer from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the President that the officer ought not to be removed from office.

 

Article 166 states:

(1) A member of the Constitutional Appointments Authority or a member of the Public Service Appeal Board, in this article referred to as a “Commissioner”, may be removed from office only-

• (a) for inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause or for misbehaviour; and
• (b) in accordance with clauses (2) and (3).

(2) A Commissioner shall be removed from office by the President where the question of the removal of the Commissioner from office has been referred to a tribunal appointed under clause (3) and the tribunal has recommended to the President that the Commissioner ought to be removed from office.

(3) Where a resolution is passed by the votes of the majority of the members of the National Assembly that the question of removing a Commissioner ought to be investigated

• (a) the Speaker shall appoint a tribunal consisting of a President and not less than two other members all selected from persons who have held office as a Judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and
• (b) the tribunal shall inquire into the matter and report on the facts thereof and recommend to the President whether the Commissioner ought to be removed from office.

(4) Where under this article the question of removing a Commissioner has been referred to a tribunal, the President may suspend the Commissioner from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the President that the Commissioner ought not to be removed from office.

 

Schedule 2, article 7, clause 3 states:

Subject to subparagraph (5), where this Constitution confers a power to make an appointment, the power includes power to remove or suspend a person so appointed and to appoint another person temporarily in the place of a person so removed or suspended or, where the appointee is for any reason unable or unavailable to perform the duties for which the person was appointed, to appoint another person temporarily in the place of the appointee.

 

Excerpts from the Constitution of the Republic of Seychelles (1993, last amended 2011)