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Seychelles: Constitution

Updated August 2009

CONSTITUTION Constitution of the Republic of Seychelles, adopted June 18, 1993; amended 1994, 1995, 1996, 2000[1].
FORM OF STATE Republic
HEAD OF STATE The President is the Head of State and Government, as well as Commander in Chief of the armed forces[2]. The President is elected by direct universal adult suffrage; the Vice-President is elected on the same ticket as the President[3]. The President is restricted to three terms of office of five years each[4].
EXECUTIVE Executive power lies with the President who is assisted by the Vice-President and a Cabinet; cabinet members are appointed by the President with the approval of the Assembly[5].
LEGISLATURE Legislative power is vested in a unicameral parliament, the National Assembly[6]. 25 members are elected in first-past-the-post single member constituency elections. Up to 10 further members are elected by proportional representation (PR); each party is allocated 1 seat for every 10% of the vote obtained; the threshold for a PR seat is 10%[7]. The term of the National Assembly is five years.
JUDICIARY The court system comprises a Court of Appeal, a Supreme Court and subordinate courts and tribunals[8]. The President of the Court of Appeal, the Chief Justice (head of the Supreme Court) and all other judges are appointed by the President from candidates nominated by the Constitutional Appointments Authority[9]. Judges are removable by the President for incompetence or misbehaviour only on the recommendation of a tribunal of judges appointed by the Constitutional Appointments Authority[10]. When the Supreme Court acts as the Constitutional Court at least two judges must sit on the bench[11].
AMENDMENTS The Constitution cannot be amended without a two-thirds majority in the National Assembly. Amendments to Chapter 1 (the Republic), Chapter Three (the bill of rights), Article 91 (the entrenchment clause) and Articles 110-111 (dissolution of the Assembly) are further entrenched; amendments of these clauses require a 60% approval in a national referendum[12].
DEMOCRACY PROTECTION AGENCIES The Ombudsman is appointed by the President from candidates nominated by the Constitutional Appointments Authority and serves a term of seven years which is renewable; the Ombudsman man investigate any public authority on complaints of violations of fundamental human rights and allegations of corruption by public officials[13].

Table notes

[1] Constitution 1993.
[2] Constitution 1993, Article 50.
[3] Constitution 1993, Article 51(2), Schedule 3, Article 1; Article 66A(4).
[4] Constitution 1993, Article 52(1), (2).
[5] Constitution 1993, Articles 66(1), 66A(1), 69(1), (2).
[6] Constitution 1993, Article 85.
[7] Constitution 1993, Article 78, Schedule 4.
[8] Constitution 1993, Article 119(1).
[9] Constitution 1993, Articles 123, 127.
[10] Constitution 1993, Article 134.
[11] Constitution 1993, Article 129.
[12] Constitution 1993, Article 91.
[13] Constitution 1993, Articles 143, 144, Schedule 5, 1(1)(a), 1(1)(b); 1(2)(a).

References

CONSTITUTION OF THE REPUBLIC OF SEYCHELLES 1993 (amended 1994, 1995, 1996 and 2000), [www] http://www.cmseducation.org/wconsts/seychelles.html [opens new window] (accessed 23 Feb 2010).

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