On Wednesday at State House Mohan Burhan was sworn in again
as a Supreme Court Judge. The oath of office was taken before the President of
the Republic in the presence of Chief Justice Fredrick Egonda-Ntende, the
President of the Court of Appeal, the Speaker of the National Assembly, the
Attorney General and others holding senior offices in the country.
In 2008, Mohan Burhan returned to Seychelles and was
appointed as an expatriate Judge of the Supreme Court for a period of five
years. This contract came to an end in 2013 and Burhan stayed on to complete
cases he had before him. We now know that he applied for naturalisation last year
and was granted Seychellois citizenship in November, 2013. However, there was
never any notice of this application in the Nation newspaper or in the Official
Gazette as required by law.
The way that Mohan Burhan has been granted citizenship is
with direct interference of the Executive in the Judiciary. It is a clear
favour handed down to the Judge by the President in our opinion. It is not in the
spirit of the Constitution and it is totally against democratic norms. This
situation puts in jeopardy any matter before the Judge that the government might
have an interest in, it places the other party at a disadvantage and justice
cannot be administered under such presumptions.
This is another case
where the Executive has done what they want without respect for the laws of
Seychelles. It is another matter that must be tested in the Constitutional
Court. This newspaper is appealing for mass action against this appointment and
the granting of citizenship to Mohan Burhan. We are already in discussion with
legal experts to challenge the matter in a court of law.
Source: Seyweekly
