Sunday, May 24, 2015


Article 55 (2) of the Constitution states that “where the President ceases to hold office under article 110(3), the Vice President shall discharge the functions of the President until a person is elected under article 51 to the office of President”

Michel inauguration in 2004 
Article 55 (3) “Where the Vice President discharges the functions of the President under clause (2) or article 56 (dealing with discharging the functions of President during illness and absence), the Vice President shall not have power to:

(a)  revoke the appointment of a Minister
(b)  Invoke article 110 (Dissolution of Assembly by President)”

Then in Act 14 of 1996 there was a 4th Constitutional Amendment the relevant section is under PART IV (2)  “On the resignation of the President- (which is what happened in 2004 when President Rene resigned)

(a)    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);

(b)    the functions of the office 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”

And to make sure that there is no ambiguity in the interpretation of the above section a “note” to the amendment says “Act 14 of 1996 further provides that if the incumbent President resigns, the incumbent President shall continue to discharge the functions of President until the holding of the Presidential election but the incumbent President shall not be able to revoke the appointment of a Minister or invoke article 110: the Vice President above-referred does not  assume the office of President as Vice President would ordinarily do under article 55(1).”

Unless a different interpretation can be attributed to a plain reading of the above  sections what does all mean? Firstly the constitution expressly forbids the assumption of Presidential functions by “Pas baton” upon resignation there should be a Presidential Election.

Secondly and of greater importance is the fact that the first two years of Mr. Michel’s “Presidency” was a constitutional nullity or put another way it was a “constitutional  fraud” perpetrated on the people of Seychelles with the participation of the Head of the Judiciary at the time, Chief Justice Vivekanand Alleear, who administered the Presidential Oath, and the Oath of Allegiance during the swearing in ceremony.
Again I repeat unless there is a different interpretation to the above sections then it follows that all laws enacted and assented to, by Mr. Michel during those two years would be null and void  or “no laws” at all. All treaties entered into will equally be a nullity as he was not legally and constitutionally a President.
I am attaching a document which I would like to be reproduced as part of my letter. To all those on facebook at “Lari Bazar” who wants to know why do I want to be President, “am I not the one releasing all those criminals and drug dealers”? I say this. I am a defence Attorney and the only person who can “release” or acquit a criminal or drug dealer is a judge. I will continue to defend criminals and drug dealers until there is one of those Constitutional amendments that Parti LePep is so famous for, that says that criminals and drug dealers do not have a right to be defended by a lawyer of their choice or on legal Aid. I also say this “What was the profession of Presidents Mancham and Albert before they became Presidents? As defence lawyers did they defend criminals or saints?
And if the people of Seychelles decide at the ballot box, to elect me as President they will see that in my hands I only have the tools of my profession. “a piece of paper and a pen”. Based on the content of my letter and the attached document I would like to ask Mr. Michel whether what I have said together with the content of the attached document can be termed “corruption or the perception of corruption?”
Thank you
Alexia G. Amesbury

Seychelles Party for Social Justice and Democracy. (SPSD)