Sunday, October 30, 2016


Judiciary is making a mockery of the constitution.

The provisional cause list of the next session of the Seychelles Court of Appeal, which is set for 28 November to 9 December, discloses several cases to be heard by a panel of appeal justices that include Dr. Satyabhooshun Gupt Domah, despite the fact that the second five-year term of the Mauritian national’s appointment came to an end on 4 October 2016.

On 5 September 2011, the President of the Republic of Seychelles appointed Justice Domah for second and last of term of five years. The instrument of appointment reads:

WHEREAS you, SATYABHOOSHUN GUPT DOMAH, have been appointed as a JUSTICE OF APPEAL of the Seychelles Court of Appeal under Article 123 of the Constitution, and the said appointment will expire on the 3rd October 2011,

AND WHEREAS you are not a citizen of Seychelles,

AND WHEREAS further the Constitutional Appointments Authority has recommended to me that there are exceptional circumstances to appoint you as JUSTICE OF APPEAL for a second term of office,

NOW THEREFORE, in exercise of the powers conferred to the President under article 131(4) of the Constitution, I, JAMES ALIX MICHEL, PRESIDENT, appoint you

                        SATYABHOOSHUN GUPT DOMAH

To be a JUSTICE OF APPEAL for a period of five years commencing on 4th October 2011.

GIVEN under my hand and the Public Seal of Seychelles at State House on this 5th day of September 2011.

 Article 131(1)(e) states: a person holding office of Justice of Appeal…….SHALL vacate that office in the case of a person who is not a citizen of Seychelles, at the end of the term for which the person was appointed.

So who authorised his extension to May 2017 in the face of the above. This is effectively a third term which is not allowed under the constitution. According to a communique from the judiciary, “this is due to the fact that a constitutional case delayed the expiry of his term of office. Therefore his term ends in May 2017”; what nonsense!

Did the CAA recommend this term or extension thereof to the President, and did the President re-appoint or extend his term of office until May 2017? Article 131 (4) "The President may, on the recommendation of the CAA in exceptional circumstances, appoint a person who is not a citizen of Seychelles and who has already completed one term of office as a Justice of Appeal or Judge for a second term of office, whether consecutive or not, of not more than seven years."

Barely a month ago, we all saw Mr. Danny Faure swear an oath of Allegiance to the Constitution and now if he allows this monkey business he will be violating his Constitutional and Presidential Oaths(both oaths were taken before the Chief Justice), and the Constitution. It must be remembered that a President can be removed for violation of the constitution. Remember that in 2011 when Mr. Dhanjee challenged Domah's  re-appointment the CAA had only recommended a further TWO years but President Michel gave him a fresh term of FIVE years.