Seychelles 1993 Constitution (reviewed 2017)

CHAPTER IX. CONSTITUTIONAL APPOINTMENTS AUTHORITY

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1. There shall be a Constitutional Appointments Authority which shall perform the functions conferred upon it by this Constitution and any other law.
2. Subject to this Constitution, the Constitutional Appointments Authority shall not, in the performance of its functions, be subject to the direction or control of any person or authority.

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1. The Constitutional Appointments Authority shall consist of five members appointed as follows-
   1. the President and the Leader of the Opposition shall each appoint two members;
   2. subject to clause (3), the four members appointed under paragraph (a) shall, within twenty-one days of their appointment, by agreement, appoint the fifth member who shall also be the Chairman of the Authority.
2. The President or the Leader of the Opposition shall within seven days after the person whom the President or Leader of the Opposition has appointed under clause (1)(a) ceased to be a member of the Constitutional Appointments Authority, appoint another person as member of the Authority.
3. Where the four members of the Constitutional Appointments Authority appointed under clause (1) (a) or clause (4)(a) or (b) fail to appoint or are unable to agree on the appointment of the fifth member and Chairman of the Authority, the four members shall, within fourteen days after the end of the period specified in clause (1)(b), propose a list of not less than four and not more than five candidates for the office of member and chairman of the Authority to the President and the President, in consultation with the Speaker and the Chief Justice shall within seven days after receiving the list of candidates, appoint one of the candidates proposed as member and Chairman of the Authority.
4. Where-
   1. the President or the Leader of the Opposition fails to appoint the members of the Constitutional Appointments Authority within the prescribed time, the Speaker shall appoint the members;
   2. the President and the Leader of the Opposition fail to appoint the members of the Constitutional Appointments Authority within the prescribed time, the appointment shall be made by the National Assembly;
   3. the four members of the Constitutional Appointments Authority appointed under clause 1 (a) or sub-clause (a) or (b) of this clause fail to propose a list of candidates for the office of member and Chairman of the Authority to the President within the time prescribed in clause (3), the National Assembly shall propose the list of candidates to the President who shall within 7 days after receiving the list appoint one of the candidates as member and Chairman of the Authority;
   4. the President fails to appoint the fifth member and Chairman of the Authority within the time prescribed in clause (3) or subclause (c) of this clause, the National Assembly shall appoint the fifth member and Chairman;
   5. the fifth member and Chairman of the Constitutional Appointments Authority ceases to hold office other than by expiration of the period of office, clause (1)(b) and (3) and this clause shall apply to the appointment of the fifth member and Chairman as if the period specified in clause (1) (b) begins on the date the member and Chairman ceases to hold office.

1. A person is qualified to be a member of the Constitutional Appointments Authority if the person is a citizen of Seychelles who-
   1. has held judicial office in a court of unlimited original jurisdiction; or
   2. is of proven integrity and impartiality who has served with distinction in a high office in the Government of Seychelles or under this Constitution or in a profession or vocation.

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1. A person shall be appointed a member of the Constitutional Appointments Authority for a term of seven years and subject to any law, may, at the end of a term, be reappointed for further terms of office.
2. A person holding office as member of the Constitutional Appointments Authority may, by writing addressed to the President and Leader of Opposition, and, in the case of a member who is not the Chairman, to the Chairman, resign.
3. A resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause.
4. The salary, allowances and gratuity payable to a member of the Constitutional Appointments Authority shall be prescribed by or under an Act and the salary, allowances or gratuity shall be a charge on the Consolidated Fund.
5. Subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of a member of the Constitutional Appointments Authority shall not be altered to the disadvantage of the member after the appointment.
6. The Constitutional Appointments Authority may regulate its own proceedings and may act notwithstanding one vacancy in its membership.