Joelle's blog

All Court of Appeal decisions from the December 2016 session are now available

The Court of Appeal sits three times a year to consider the cases appealed to the highest appeals court in the Seychelles.

The final session for 2016 was concluded on 9th December 2016 and all of the judgments handed down, twelve in total, are now available on the SeyLii Court of Appeal page for 2016.

Information relating to the Bar Examination 2016

 

 

BAR EXAMINATION 2016

The Bar Examination will be held from 1st to 10th August 2016, with one examination each working day on the following schedule:

Week 1:

  1. Monday  Paper 1: Civil Code of Seychelles
  2. Tuesday Paper 2: Seychelles Code of Civil Procedure
  3. Wednesday Paper 3: Property law including:
    •  Immovable Property (Judicial Sales) Act
    •  The Immovable Property (Transfer Restriction) Act
    •  The Land Registration Act
    •  The Mortgage and Registrations Act
  4. Thursday Paper 4: Penal Code and the Criminal Procedure Code
  5. Friday Paper 5: The Law of Evidence​

Week 2:

  1. Monday Paper 6: Commercial Code and Company Law
  2. Tuesday Paper 7:  Family Law including
    • Civil Status Act,
    • Children Act, and
    • Matrimonial Causes Act
  3. Wednesday Paper 8: Constitutional and Administrative Law

Applications to write the Bar Examination must be received by the Registrar of the Supreme Court by 30 June 2016.  

28 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 24 – 28th March 2016, 9.30 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

The Court resumed this morning to hear closing submissions. All parties presented written submissions to the Court but were also given 15 minutes during which to make oral submissions. 

23 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 23 – 23 March 2016, 9.30 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Mrs Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

Mr Hoareau announced that he had no further witnesses to call, and would close his case. Therefore, the Court indicated that it would adjourn to allow Counsel to prepare their written closing submissions.

Mr Georges alerted the Court to the fact that he may have an additional application to make, but would require sight of a document which the First Respondent had promised to bring to court and had failed to bring. The Court instructed Mrs Aglae to make the document available within an hour.

22 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 22 – 22 March 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Mrs Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

Mr Georges continued to question Mr Gappy and he inquired about the Special voting station on the 18th December 2015 at Headquarters, the National Library. Mr Gappy agreed that there were 145 persons who voted on the Inner Islands Electoral Area at the Headquarters. He further agreed that there was a list that was compiled at the headquarters which was faxed to La Digue periodically and that the original list was then sent with the ballot boxes in the afternoon to La Digue. He stated, looking at the two registers, that they appeared to be similar but he cannot confirm that they are identical by looking at them briefly, further he could not identify which station the registers came from.

21 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 21– 21 March 2016, 9.30 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr.Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Mrs Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

18 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 20– 18 March 2016, 9.30 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr.Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Mrs Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

Mrs Aglae called Mr Mathiot who was the presiding officer for the Inner Islands. He identified the different polling stations for the inner islands. He stated that on the main day of polling, he was located on La Digue and he went on to explain the procedure followed at the polling station when a person came to vote. Mrs Aglae questioned Mr Mathiot whether he had seen anyone voting twice and he replied in the negative however there was a list which showed that there were two persons who had already voted on the special voting station on Mahe and had presented themselves on La Digue to vote. This issue was brought to the attention of the Electoral Headquarter and an entry was made in the occurrence book of La Digue. The Electoral Commission Headquarter stated that a mistake had occurred when crossing out the names.

17 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 19 – 17 March 2016, 9.00 am – Constitutional Court of Seychelles
In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

Mrs Aglae brought the Cascade Register and she made an application to recall Mrs Choppy in the afternoon, which was granted. 

Mrs Aglae called her next witness, Mr Douglas Accouche who was the Presiding Officer of Anse Etoile at the Second Round of Presidential Elections 2015. Mr Accouche explained the procedure of what happened at the opening of the station, where names were called out of people who had voted at the Special Polling Stations which were crossed out from the list. He went on to explain the procedure to receive the envelopes from the Special Polling Station, he indicated that when the envelopes arrive to the station, the voting process stops, for those present to deal with the envelopes. 

15 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

ELECTION PETITION - REPORT OF THE PROCEEDINGS BY THE SPECIAL RAPPORTEUR

" Day 17– 15 March 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General.

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) is represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) is represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) is represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

16 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 18– 16 March 2016, 10.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).Ananth Subramanian for the Attorney-General (Third Respondent).

Mrs Aglae brought her third witness Mrs Choppy who was the Presiding Electoral Officer at the Cascade Polling Station. Mrs Choppy explained the procedure as it took place. There were no issues reported to her about any person voting twice or any person being given an extra ballot. She further explained the procedure for receiving envelopes from the special voting stations. It was mentioned that when the station receives the envelopes, the voting process stops and there wasn’t any issue with the envelopes. She continued to explain the procedure at the end of the day when the counting starts; where the ballot papers are sorted out according to each political party and the ‘spoilt’ votes are set aside. The spoilt votes are agreed by all those present at the station and then put separately in a different stack. The procedure was explained on how the spoilt votes were sorted out and after that had been completed they then start counting the valid votes.

14 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 16 – 14 March 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

The Court reconvened this morning.  Mr Georges called Ms. Julia Lajoie, a Compliance Officer at the Registration Division of the Registry of Companies who had been deputised by the Registrar of Companies to come testify. Ms Lajoie stated that all companies registered in Seychelles, including the Indian Ocean Tuna Company (IOT), are under obligation to file annual returns with the Registry of Companies. She produced to Court the annual return in respect of IOT for 2014.

2 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 15 –2nd March 2016, 10.00 am – Constitutional Court of Seychelles
In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General
 
The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

1 March 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 14 – 1 March 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

The Court reconvened this morning. Mr Georges recalled Mr Wavel Ramkalawan. Mr Ramkalawan stated that he became aware of a conversation that had taken place at a military compound through an audio recording that was posted on the Facebook page “Seychelles Daily” of which he is a member. He stated that he downloaded the audio recording from Facebook onto his computer and saved it onto a pen-drive which he then gave to his lawyers for these proceedings. He stated that the audio recording before the Court is the entire audio recording that was posted on Facebook and was not tampered with. He further stated that he made seven copies for these proceedings. Mr Ramkalawan stated that he was able to identify the persons speaking on the audio recordings as Mr Roseline, the Chief Military Advisor of SPDF, Deacon Agathine, the Chaplain of SPDF and Mr Simon Dine, the Commanding Officer of the SPDF Coast Guard. Mr Ramkalawan then sought to produce a copy of the audio recording.

29th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 13 –29th February 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr.Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

26th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 12 –26TH February 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

Mr Sopha was called back for cross-examination by Mrs Valabhji. It was put to Mr Sopha that despite having been in police custody and having been put under pressure to sign the document accepting the results that he was still able to make entries in the occurrence book. Mr Sopha stated that despite his state, he felt it necessary to make an entry so that there would be an account of what happened that could be referred to later. Mr Sopha confirmed that, besides that entry, he did not make any other entries in the occurrence book.

25th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 11 –25TH February 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr.WavelRamkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

24th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 10 –24TH February 2016, 10.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

23rd February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Wavel John Charles Ramkalawan v Electoral Commission, herein represented by Hendrick Gappy, James Alix Michel and Attorney-General CP 01/2016 (Alleged Irregularities Petition)

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr Wavel Ramkalawan (Petitioner) was represented by Mr Bernard Georges and Mrs Annette Georges, The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and the Honourable Attorney-General together with Mr Ananth Subramanian for the Attorney-General (Third Respondent).

22nd February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporter

Day 8 –22nd February 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

 At the opening of day 8 of the Alleged Irregularities Petition Case, the Court dealt with two preliminary issues. Firstly, the Court advised all parties that Ms. Aglae had delivered all unsealed registers to the Court and that they could be viewed by the parties during court opening hours. The second issue regarded the production of the audio recording allegedly made at SPDF headquarters, which production was strenuously objected to by Mr. Hoareau. Taking into account the objections, Mr. Bernard Georges has decided not to pursue its production at this stage and instead he will call the makers of the video and/or the makers of the statements to Court to give evidence.

19th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporter

Day 7 –19TH February 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

Mr Bernard Georges made an Application to have the Electoral Commission called on personal answers the purpose being to question the Commission on matters relating to the tallying of votes that need further clarification.

Ms Samantha Aglae for the Electoral Commission argued that Wavel Ramkalawan’s requirement for clarifications relating to the tallying of votes is not sufficient grounds to allow the Application. The Attorney General argued that in fact what Wavel Ramkalawan is seeking is further and better particulars and the purpose of personal answers is to get the party to make admissions not to seek further particulars or clarifications. He was of the view therefore that in the circumstances sufficient grounds have not been shown to allow the Application.

18th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporter

Day6: Wavel John Charles Ramkalawan v Electoral Commission, herein represented by Hendrick Gappy, James Alix Michel and Attorney-General CP 01/2016 (Alleged Irregularities Petition)

 

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr.Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges, The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and the Honourable Attorney-General together with Mr Ananth Subramanian for the Attorney-General (Third Respondent).

 

The Honourable Judge Mckee delivered the unanimous judgment of the Constitutional Court on the point of law raised by the Attorney-General asking the Court to strike out parts of the Petition for failing to contain a concise statement of the material facts on which Mr. Wavel Ramkalawan relies and for failing to contain the name and particulars of the person alleged to have committed the illegal practice and the date and place of the commission of the illegal practice in accordance with Rule 7(1) and 7(2) of the Election Rules(1).

 

The Court finds that it is entitled to strike out parts of the pleadings. Reading Rule 7 of the Election Rules together with section 92 of the Seychelles Code of Civil Procedure (2), the Court held that it would be nonsensical for the Court to be allowed to strike out entire pleadings but not parts of pleadings.

 

16th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporter

Day 5: Wavel John Charles Ramkalawan v Electoral Commission, herein represented by Hendrick Gappy, James Alix Michel and Attorney-General CP 01/2016(Alleged Irregularities Petition)

 

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges, The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and the Honourable Attorney-General together with Mr Ananth Subramanian for the Attorney-General (Third Respondent).

 

The Court first heard a point of law raised by the Attorney-General. The Attorney-General was asking the Court to strike out parts of the Petition for failing to contain a concise statement of the material facts on which Mr. Wavel Ramkalawan relies and for failing to contain the name and particulars of the person alleged to have committed the illegal practice and the date and place of the commission of the illegal practice (1).

 

The Attorney-General stated that by virtue the Elections Act (2), a person who commits an illegal practice is guilty of an offence and the Constitutional Court is required to report to the Electoral Commission the persons who have been proved at trail to have been guilty of an illegal practice. The Attorney-General argued this turn the present matter into a quasi-criminal matter which therefore requires Mr. Wavel Ramkalawan to prove the alleged illegal practices beyond a reasonable doubt.

 

15th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporter

Day 4:  MA 13/2016:  Wavel John Charles Ramkalawan v Electoral Commission, herein represented by HendrickGappy, James Alix Michel and Attorney-General.

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

The ruling on the application MA 13/2016 to strike out the Attorney-General from the CP1/2016 – “Election alleged irregularities” Petition was delivered by the Honourable Chief Justice Twomey.

9th February 2016: ELECTION PETITIONS: Summary of Proceedings by the Special Rapporteur

Day 3 –9TH February 2016, 9.00 am – Constitutional Court of Seychelles

In the matter of Wavel John Charles Ramkalawan v The Electoral Commission, James Alix Michel and the Attorney-General

The Constitutional Court is made up of the Honourable Chief Justice Twomey, Honourable Judge McKee and Honourable Judge Akiiki-Kiiza. Mr. Wavel Ramkalawan (Petitioner) was represented by Mr. Bernard Georges and Mrs Annette Georges. The Electoral Commission (First Respondent) was represented by Miss Samantha Aglae, Mr James Michel (Second Respondent) was represented by Mr Basil Hoareau together with Mrs Laura Valabhji and Honourable Attorney-General together Mr Ananth Subramanian for the Attorney-General (Third Respondent).

The Court heard the preliminary objections that were raised in the Petition considering whether to take into account all votes cast or valid votes cast during the Presidential election (CP7).

The central issue to be decided is whether the Petition should have been brought under article 130 of the Constitution. More specifically whether the relief sought by the Petitioner was simply a matter of interpretation as to ‘votes cast’ and ‘votes cast in an election’ or whether it was seeking for a declaration as to the validity of the election.

Syndicate content

User login

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.