HOW SPPF ABUSED THE CONSTITUTION; Alexia Amesbury

In 1992, the people of Seychelles made history for the first time by rejecting, through  a  referendum  the  Constitution  that  SPPF  wanted  us  to  have.  In a second referendum in 1993, the people of Seychelles spoke again, when over 73% of the nation voted to adopt the current  Constitution as our Supreme Law.

In the Constitution that we,  the people of Seychelles voted on by 73% through a referendum, article 55 (1) says “Where the office of the President becomes vacant by reason of death, or resignation of the President or by reason of the President ceasing to hold office under article 53 or article 54 or article 110(3), the Minister  designated to discharge the functions of the office of President under article 75 shall discharge those functions until a person  is elected  under article 51 to the office of President”

The above provision is what the citizens of Seychelles voted for. In 1996 the Ruling Party, abused its majority in the National Assembly and amended the Article 55(1) to suit its political interests  and today this is what article 55(1) says : “Where the President dies, resigns or is removed from office, the Vice-President shall assume the office of President for the unexpired term of the President with effect from the death, resignation or removal from office of the President.”

What was the raison d’etre for the 1996 amendment when Article 79 (2) of the Constitution provides that “Where a person ceases to be a directly elected member of the National Assembly under Article 81, a by-election shall be held within 30 days of the person ceasing to be member of the National Assembly”. Why can an outgoing Member of the National Assembly not simply nominate his successor like Article 55 (1) permits the out going President to do in regards to a President?

In December 2015 James Michel and Danny Faure “the team” fought for re-election on one ticket. People voted for “the team”. What do we now have? An un elected President and un elected Vice President. Article 113 of the Constitution gives me the right to vote “In an election for the office of the President; at an election of a member of the National Assembly; or in a referendum held under this Constitution.”

If I have a right to vote for a new representative when my MNA resigns why should I lose my right to vote for a new President when the elected President ceases to be President for whatever reason?

In 2009 A High Level Panel Chaired by Mr. Chang-Sam proposed several amendments to the Constitution, one of which is, that the President should be a natural born Seychellois. These amendments were not debated on, nor adopted because they were not in the interest of the Ruling Party, particularly Mr. Faure whom it is alleged is born in Uganda and who must have had presidential ambitions as early as 2009.

Alexia G. Amesbury

PRESS RELEASE

LINYON DEMOKRATIK SESELWA REJECTS HANDOVER OF PRESIDENCY AND CALLS FOR ELECTION

Linyon Demokratik Seselwa (LDS) rejects the handover of the Presidency from Mr. James Michel to Mr. Danny Faure and calls for a fresh Presidential election to allow the people of Seychelles to choose a President that will have a clear mandate to govern the country.

LDS makes the following statements in reaction to the decision by Mr. James Michel to resign as President with effect October 16th, 2016 and to handover the Presidency to Mr. Faure.

1. Mr. James Michel has not given clear and valid grounds for his decision to resign and hand over power. In entering the Presidential Election of December 2015, he gave the people of Seychelles a clear undertaking to serve a mandate of five years and it was on that basis that he was elected. While the Constitution provides for a handover of power upon the resignation of the President, this can only be reasonable on serious and valid grounds relating to incapacity to perform the duties required. It is not acceptable on the grounds that have been stated, only nine months after he was declared President, of passing responsibility for implementing the party’s program to a younger team. LDS is questioning the legality of this process.

2. Mr. Michel was declared President in December 2015 after a tightly contested election marred by illegal practices and failures in the electoral process. His mandate to govern the country on the basis of this election was itself uncertain. For his part, Mr. Danny Faure has no claim to any such mandate.

3. In the National Assembly elections held in September 2016, LDS gained an overall majority of the popular votes over the Parti Lepep. For this reason too, Mr. Faure cannot claim to have the support of the Seychellois people and therefore has no mandate to govern.

4. The practice of handing over power is in itself undemocratic and LDS has declared its intention to revise the Constitution to amend it in favour of acceptable democratic procedure. LDS cannot accept its use in a situation where democratic principles are not respected. The character, capability and fitness to govern of Mr. Danny Faure must be submitted to the decision of the people of Seychelles

5. Under the circumstances, it is necessary for the sake of our democracy to hold a new Presidential election in order for a President to be elected with a clear mandate to govern. LDS will use its position in the National Assembly to insist on a fresh Presidential election.

6. LDS believes it is of paramount importance that the new Presidential election is held promptly but with due regard for it to be organised properly in order for it to be fully credible. In that respect LDS calls for the appointment of a new Chairperson for the Electoral Commission and for the electoral regulations and practices to be reviewed in the light of the National Assembly elections.

7. LDS reiterates its firm commitment to the democratic process and the proper functioning of all institutions of the state and the government. It confirms its commitment to peace, stability and orderly elections in our country.

Roger Mancienne September 28, 2016

Chairman, Linyon Demokratik Seselwa

DEAR JAMES; OPEN LETTER TO THE PRESIDENT

Firstly, I hope you are well. I also hope you dont mind me writing this letter to you; please know that it is written with the best intentions, with no ill will or malice.

I simply write as one Seychellois to another. A citizen of this country who has seen Seychelles persevere throughout the decades to the nation we now live in. The Seychelles you and I both call home.

We are both of an age where we have witnessed great changes in this country; some triumphant and some deplorable. In Seychelles’ short history as a nation so much has happened and every citizen has a different view of our past. However, as the adage goes, what is done, is done. Now it is time to look to the future of our island nation.

Despite the presidential elections of 2015 now over, the topic is still fervent on the minds of many of our fellow citizens. With the Constitutional Court case over, the issues raised are widely discussed amongst Seychellois. As a fellow Seychellois, I grew up on the streets of this country and Seychelles is in my blood. As a member of your generation, now I often find myself wondering how people will remember me; either as a mother, a friend, a professional and now as a political leader. I think now, my only wish is to have provided for those I care for, to have helped those who sought guidance and to have shown compassion for those who needed it. And as someone who often asks herself the same question, I felt compelled to sincerely enquire about the legacy you wish to leave when everything is said and done.

On the first day of polling last December, there was a photo taken of you and I (enclosed with this letter) which I'd like to bring your attention to. Your face in that picture is a very different portrayal of you than we've seen before and I believe it speaks volumes, because captured in that frame shows a man who is capable of genuine and demonstrable good as a President. It shows a more human side to you; a side which is often masked by politics.

Seychelles has borne witness to a great deal of pain - from the bloodshed of past decades and the subsequent hurting of our citizens, to the poverty, sickness, victimisation and miseducation which affects so many Seychellois if you open your eyes to their plight. There must be a time whereby you can reminisce and see the damage done to the people of Seychelles. With the current state of uncertainty shrouding the future of this nation, now must be the time where we reflect and think about the future of our people.

Your presidency will be remembered no matter what, but you need to decide how history will remember you. Leave a legacy which you can be truly proud of, and something that all the people of Seychelles will thank you for. You can leave a memory where you are seen as a figure of odium or one which shows a man of genuine compassion and statesmanship.

Now is an opportunity to truly see the people and to put the citizens of Seychelles first in everything you do. Presently the people of this country look to you. As a woman and as a mother, the thought sometimes crosses my mind that perhaps at times you have lost your way. Forgive me for saying this, it is only my opinion. But there is time to make amends - start by returning the assets of Seychelles to its people, regardless of whatever way they were taken; whether it be land or money or whatever else.

Cleanse the land and put things right. Have a memorial service for all those who have been lost to the violence from the Coup and it's following years; conduct a service in one of our stadiums, with their pictures and their families present so these souls can finally be put to rest. Give the people a chance to grieve. Erect a monument in their honour and engrave our lost citizens' names on it.

Have a moment with the people of Seychelles and truly connect with them. Promise them that none of the mistakes of the past will ever be repeated and give them a memory, something to hold on to, to rectify the injustices that so many have suffered.

It is time to leave behind, the people who constantly shield your eyes from the wrongdoing in this country. You need to see for yourself the pain and the suffering of the people in Seychelles.

There is some good in the worst of us and some bad in the best of us, and I would like to believe the same of you. All I ask in this letter is for you to reflect, and to use the good in you to create a lasting good legacy - something everyone will remember and thank you for. Forget the figures, forget the politics and forget the games - truly ask yourself what kind of legacy you would like to leave behind.

After all, when we leave this world, it does not matter the number of jets or cars or houses or property we have acquired. We all leave with nothing, so should we not leave some kind of positive memory instead?

Everyone thinks of their mortality; especially for those our age, it is a thought that comes to us all. In the case of Albert Rene, we must look back at the last years of his presidency. No one now remembers what they were, yet the decades preceding him are forever there. You have a golden opportunity, afforded to very few, to use your remaining time as president to make a resounding difference and leave more than what history has shown.

Life is full of miracles and God can do wonders. It is only possible though, by accepting the wrong done to the people of Seychelles and bringing real change. The healing process can only truly begin with an admission of wrong doing and a plea for forgiveness.

One of my personal aspirations when joining local politics was to heal the nation; I would like to invite you in joining me in this vision and to help the people bury the past in the right way and truly heal this country.

James, our differences matter but our country matters more, and that is why I am writing this letter to you. My destination is social justice, democracy and the rule of law, let us make the journey together. So let us as leaders take the first steps and start the healing process.

Kindest regards,

Alexia

ALEXIA AMESBURY IS FURIOUS!

Dear Madam,

I write to set the records straight in regards to an incident that happened on Thursday 1^st September 2016 at the Land Registry, which has been reported both by the SBC and the Nation News paper which is nothing short of defamatory of the three persons involved.

Firstly, Barnet Fanchette is a director of his company called TB Search that undertake work for those persons seeking their family tree (genealogy) and land Titles that their ancestors may have had. He is a methodical and prolific researcher who has travelled both to La Reunion and Mauritius in pursuit of his client’s instructions. The Land Registry is the place where most of his work is done and he knows almost all the personnel there. He knows the procedure for accessing documents and he also knows that land Titles are public documents and the Land registry a Public place.

On Thursday I gave him a document with the following parcel numbers and asked him to ascertain who is/are the owners, V 10428, V 10427, V 10426, V 17024, V 663, V 6081, V 662, V 661, V 6085, V 8311. It is believed that the eight parcels of land are owned by President Michel.

He visited the Land Registry with me and we gave the information to Priscilla and she informed us that the files were not in its place but she would trace the files and if we returned in the afternoon she would  let us know if she had traced the files.

That afternoon Barnet went to the Registry accompanied by Alexander Pierre  who wanted to find out whether indeed the JJ Spirit Building is on a plot of land that was purchased for One Rupee.  Bernard Sullivan simply accompanied Alex.

There is a video clip that has since been uploaded on the Seychelles Daily Facebook group that shows clearly what ensued.

The truth

The Nation lies

SBC Lies

If there was any kind of disturbance would the Land Registrar or some other person not have called in the security at the Independence House check-in counter? Priscilla asked all three to switch off their phones, which request was promptly complied with. At some stage Alex is clearly heard to be laughing. Is that the kind of scenario where there is violent abuse and assault? Priscilla is seen throwing a file down on the counter. This would suggest that the only person who lost her professionalism is Priscilla and no one else.

Whereas in the morning of the 1^st of September 2016 the owner (s) of the ten parcels of land was in doubt after what happened to the three, it is now clear who owns those plots of land.

The three have been bailed for criminal trespass. Is the Land Registry not a public place? Is there a notice anywhere indicating that the place is private property and that special permission must be sought prior to entry? Criminal trespass is an offence where one must first be proved to have “trespassed”. The video clip shows Priscilla inviting the three into the “search area”. One must also enter with “an intention to commit a felony therein”. Priscilla had told Barnet to return in the afternoon to see whether she had found the files sought in the morning. And Alex is clearly heard to be asking for the file of the parcel of JJ Spirit Building, V16938 so, was their intention, to steal files, assault and commit acts of violence?

Why are the ten files missing from their usual place? Is the land registry not the depository of all land documents? Why did Priscilla have to go into an inner office with the list of ten plots of land in the morning when I was there?

Based on what happened, and the false accusations leveled at the three, I can now safely assume that the ten plots of land are owned by President Michel or some other person (s) or entity with close ties with PL and I feel justified in asking whether the ten plots of land form part of the “aki” and “gain’ that he and Vice President Danny Faure wants to protect when he asks the Nation to vote for PL MNAs?

Alexia G. Amesbury