Seychelles 1993 Constitution (reviewed 2017)

SCHEDULE 7. TRANSITIONAL

PART I. EXISTING OFFICERS AND OFFICES

1. 1. In this Schedule, unless the context otherwise requires-
      • “Constitution Act” means the Constitution of the Republic of Seychelles (Preparation and Promulgation) Act, 1992;
        
        “Director of Elections” means the person holding office as Chairman of the Constitutional Commission immediately before the date of coming into force of this Constitution;

        “existing Constitution” means the Constitution contained in the Schedule to the Constitution of the Republic of Seychelles Decree, 1979;

        “existing law” means a law having effect as part of the laws of Seychelles immediately before the date of coming into force of this Constitution;

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        “first Assembly election” means the first general election to elect members of the National Assembly under this Constitution;

        “first Presidential election” means the election of the first President of Seychelles under this Constitution;

        “the Regulations” means regulations made under paragraph 9 (2)

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1. 1. 1. Except where it is otherwise inconsistent with this Constitution and subject to subparagraph (2), an existing law shall continue in force on and after the date of coming into force of this Constitution.
      2. The Termination of Pregnancy Act, 1981 shall unless sooner repealed, cease to have effect twelve months after the date of coming into force of this Constitution.
      3. Where any matter that falls to be prescribed or otherwise provided for under or for the purposes of this Constitution by or under a written law is prescribed or provided for by or under an existing law, the prescription or provision has, as from the date of coming into force of this Constitution, effect as if it has been prescribed or provided for under or for the purposes of this Constitution by or under a written law enacted pursuant to this Constitution.
      4. The President may, by order made at any time before 31st December, 1995, make such amendments to any existing law as may appear to the President to be necessary or expedient for bringing that law into conformity with this Constitution or otherwise for giving effect or enabling effect to be given to this Constitution.
      5. The State shall, within twelve months of the coming into force of this Constitution, bring the Seychelles Broadcasting Corporation Act, 1992 into conformity with article 168(6) An existing law which prescribes any matter required to be prescribed under article 3 or any law enacted for this purpose shall reflect national unity and the spirit of the Preamble of this Constitution.

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1. 1. 1. Any court or tribunal existing immediately before the date of coming into force of this Constitution shall be deemed to be the corresponding court or tribunal established under this Constitution.
      2. Proceedings that, immediately before the date of coming into force of this Constitution, are pending before any court or tribunal, may be continued and concluded on and after the date of coming into force of this Constitution before the corresponding court or tribunal established by or under this Constitution or any written law made thereunder.
      3. A decision given before the date of coming into force of this Constitution shall, for the purpose of an appeal from the decision or of its execution, have effect on and after the date of coming into force of this Constitution as if it were a decision of the corresponding court or tribunal established by or under this Constitution.

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1. 1. 1. With effect from the date of coming into force of this Constitution up to immediately before the assumption of office of President under this Constitution the person who performed the functions of the office of President under the existing Constitution shall, so fare as is consistent with this Constitution, perform the functions of the office of President under this Constitution as if the person had been elected under or in accordance with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.
      2. With effect from the date of the coming into force of this Constitution up to immediately before the assumption of office of a Minister under this Constitution the person who performed the functions corresponding to that of the Minister under the existing Constitution shall, so far as is consistent with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.
   2. With effect from the date of the coming into force of this Constitution up to immediately before the election under or in accordance with this Constitution of the members of the National Assembly, the persons elected or nominated as Constitution shall, so far as is consistent with this Constitution continue to perform the functions of their office as if they had been elected under or in accordance with this Constitution and had taken the oath of allegiance and any other necessary oath under this Constitution.

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1. 1. Subject to this paragraph and so far as it is not inconsistent with this Constitution, a person who immediately before the date of the coming into force of this Constitution was performing the functions of-
      1. an office established by or under the existing Constitution, not being an office referred to in paragraph 4 or paragraph 5, and this Constitution establishes a similar or equivalent office;
      2. any other office, not being an office referred to in paragraph 4 or paragraph 5, established by or under any written law or in the services of the Government,

      shall continue to perform the functions of the office, after the date of coming into force of this Constitution, under this Constitution, existing law continued under paragraph 2 or the Government, as the case may be, and shall be deemed to have taken the oath of allegiance or any other necessary oath under this Constitution or existing law continued under paragraph 2.

   2. A person who, under the existing Constitution or an existing law, would have been required to vacate the person’s office at the expiration of a specified period or on the attainment of a special age shall vacate the office at the expiration of the specified period or upon attainment of the specified age.
2. Where the Appropriation Act in respect of the financial year commencing on the first day of January immediately following the date of coming into force of this Constitution has not come into operation, the President may authorize the withdrawal of moneys from the Consolidated Fund for the purposes of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of the financial year or the coming into operation of the Appropriation Act for that financial year, whichever is the earlier.

PART II. FIRST ELECTIONS AND FIRST SITTINGS OF THE NATIONAL ASSEMBLY

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1. The Director of Elections shall, by notice in the Gazette, appoint the date or dates which shall be or, as the case may be, the first of which shall be, not later than five weeks after the date of coming into force of this Constitution, on which the first Presidential election and the first Assembly election shall be held.
2. Subject to subparagraph (3), the Director of Elections may appoint different dates for the holding of the first Presidential election and the first Assembly election, and for the holding of the first Presidential election and the first Assembly election in different electoral areas.
3. The first Presidential election and the first Assembly election shall be held simultaneously and, to this end, the two elections shall begin on the same day.

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1. For the purposes of the first Presidential election and the first Assembly election any matter other than a matter provided for in this Schedule, which may be prescribed or provided for by or under an Act may be prescribed or provided for by the Regulations.

1. Subject to this Schedule, the Director of Elections may make regulations with respect to the holding and conduct of the first Presidential election and the first Assembly election.

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1. For the purposes of the first Presidential election and the first Assembly election-
   1. paragraphs 6 and 7 of Schedule 1 of the Constitution Act shall apply with respect to the qualification for registration as a voter, and the qualification to vote, at the elections;
   2. Seychelles shall consist of twenty-two electoral areas made up of nineteen electoral areas on Mahe, two electoral areas on Praslin and the islands of La Digue, Félicité, Marianne, Grande Soeur, Petite Soeur, Ile aux Cocos, Ile la Fouche, Sihouette, Mamelles, Ile du Nord, Frégate, Denis, Ile aux Vaches (Bird Island) and L’Ilot (Frégate) shall constitute one electoral area;
   3. the boundaries of the electoral areas on Mahe and Praslin shall be those of the electoral areas which existed on Mahe and Praslin immediately prior to the coming into force of this Constitution;
   4. a person who at the time of the amendment of the registers of voters under subsubparagraph (f) is residing on an Outer Island, as listed in Part II of Schedule 1 of this Constitution, shall be treated as residing in the electoral area in which the person resided prior to residing on the Outer Island;
   5. a person who at the time of the election is residing on an Outer Island, as listed in Part II
   6. of Schedule 1 of this Constitution, shall vote in the electoral area in which the person is registered.
   7. each register of voters prepared under Schedule 4 of the Constitution Ach shall, subject to any amendment for the purposes of subsubparagraph (a) or subsubparagraph (b) or for any other purpose made thereto pursuant to this Part and the Regulations, be the register of voters.
2. Schedule 3 of this Constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary, apply for the purpose of the first Presidential election.
3. There shall be twenty-two directly elected members being one elected member for each electoral area, and eleven proportionately elected members of the first National Assembly.
4. Schedule 4 of this Constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary apply for the purpose of nominating the eleven proportionately elected members of the first National Assembly.

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1. The Director of Elections shall supervise and shall have general responsibility for the conduct of the first Presidential election and the first Assembly election.
2. The Director of Elections shall, for the purpose of conducting the first Presidential election and the first Assembly election, appoint a Chief Registration Officer and Chief Electoral Officer and such member of Registration Officers, Electoral Officers, Assistant Registration Officers and Assistant Electoral Officers as the Director thinks fit.
3. A person appointed pursuant to subparagraph (2) shall have such powers, and shall comply with such requirements, as may be prescribed in the Regulations.
4. In the exercise of the functions of the Director of Elections under this paragraph or the Regulations, the Director of Elections shall not be subject to the direction or control of any person or authority.
5. The Director of Elections shall discharge the functions of the Electoral Commissioner in respect of the matters which may be prescribed by an Act made under article 118 and may, for this purpose make regulations in respect thereof for the purposes of the first Presidential election and first Assembly election.

1. The first meeting of the first session of the National Assembly after the first National Assembly election shall, until the Speaker is elected, be presided over by the eldest member of the Assembly present at the meeting.
2. The Standing Orders of the People’s Assembly established by the existing Constitution shall, until it is otherwise provided pursuant to article 101 of this Constitution, be the Standing Orders of the National Assembly, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring those Standing Orders into conformity with this Constitution.

PART III. COMPENSATION FOR PAST LAND ACQUISITIONS

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1. The State undertakes to continue to consider all applications made during the period of twelve months from the date of coming into force of this Constitution by a person whose land was compulsorily acquired under the Lands Acquisition Act, 1977 during the period starting June, 1977 and ending on the date of coming into force of this Constitution and to negotiate in good faith with the person with a view to-
   1. where on the date of the receipt of the application the land has not been developed or there is no Government plan to develop it, transferring back the land to the person;
   2. where there is a Government plan to develop the land and the person from whom the land was acquired satisfies the Government that the person will implement the plan or a similar plan, transferring the land back to the person;
   3. where the land cannot be transferred back under subsubparagraphs(a) or subsubparagraph (b)
      1. as full compensation for the land acquired, transferring to the person another parcel of land of corresponding value to the land acquired;
      2. paying the person full monetary compensation for the land acquired; or
      3. as full compensation for the land acquired, devising a scheme of compensation combining items (i) and (ii) up to the value of the land acquired.
2. For the purpose of subparagraph (1), the value of the land acquired shall be the market value of the land at the time of coming into force of this Constitution or such other value as may be agreed to between the Government and the person whose land has been acquired.
3. No interest on compensation paid under this paragraph shall be due in respect of the land acquired but Government may, in special circumstances, pay such interest as it thinks just in the circumstances.
4. Where the person eligible to make an application or to receive compensation under this paragraph is dead, the application may be made or the compensation may be paid to the legal representative of that person.

PART IV. TRANSITIONAL PROVISIONS UNDER THE FOURTH AMENDMENT

1. On the coming into operation of the Constitution of the Republic of Seychelles (Fourth Amendment) Act, 1996-
   1. the Minister who immediately before the coming into operation of this Act was the Minister designated first in the order of preference shall become, subject to subsection (2) hold office as and perform the function of Vice President in accordance with the Constitution;
   2. the Minister who immediately before the coming into operation of this Act was the Minister designated second in the order of preference shall become, subject to subsection (2) hold office as and perform the function of designated Minister in accordance with the Constitution.
2. On the resignation of the President-
   1. the person who becomes Vice-President as a result of the operation of subsection (1) shall not assume the office of President under article 55(1);
   2. the functions of the President shall be discharged by the incumbent President until the election of the President but the incumbent President shall not have power to revoke the appointment of a Minister or invoke article 110.
3. Until the enactment of the Act under article 66A (13) the person who becomes Vice-President as a result of the operation of this section shall continue to receive the salary, allowance and gratuity the person was receiving as Minister designated first in the order of preference immediately before becoming Vice President.
4. The period which the person who becomes Vice-President under subsection (1) (a) serves as Vice-President pursuant to that subsection shall not be counted for the purposes of article 66A (7).