On 18 June, Seychelles celebrated the adoption of the 1993 Constitution. Article 119 (2) of the Constitution provides that the “Judiciary shall be independent and be subject only to this Constitution and the other laws of Seychelles.”

The Constitutional Court hears matters relating to the interpretation and application of the Constitution, providing practical and substantive content to its provisions. If appealed, these are heard in the Court of Appeal. In 2019, the Constitutional Court and the Court of Appeal delivered a number of decisions that concerned a broad range of constitutional provisions, with most concerning fundamental rights protected and matters relating to the separation of powers.

Questions the Court was tasked with related to the failure to pass new regulations under the Misuse of Drugs Act, 2016; whether a Tourism Department Policy Statement breached the right to property; whether Art 920 of the Civil Code, which imposes forced heirship violates the Charter of Rights; and the legality of the actions of the National Assembly in quashing subsidiary legislation created by the Executive.

Continuing the celebration of Seychelles’ Constitution the Judiciary has prepared a constitutional case brief highlighting important constitutional findings by the Constitutional Court and Court of Appeal in 2019.

In 2019 the Constitutional Court heard 12 Constitutional Petitions and 6 Constitutional Appeals were heard by the Court of Appeal.

Download the brief here.

Learn more about the Constitutional Court at https://www.judiciary.sc/court-structure/constitutional-court/