Sunday, October 2, 2016


The people of Seychelles need to understand the Constitutional status of the country since the President’s announcement of his resignation and no one is filling the information void created.

So let’s see what the Constitution says. Article 55(1) “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”.

Mr. Michel announced his resignation from Office of President on 27th September 2016 which resignation, will take effect on 16th October 2016 and also announced that Mr. Faure will run the country as President for the unexpired term of his presidency.

Article 66 (11) “Where the Vice-President assumes the office of the President under article 55 (1)-

(a)          The President (the new President?) shall, with the approval of the National Assembly, appoint a person to be Vice-President;

(b)          The person who at the time is designated Minister shall immediately cease to be designated Minister and the President (new President) shall designate a person, who may be the first-mentioned person, for approval by the National Assembly as designated Minister.

Two important questions presently preoccupy the people. The first is what happens if before the 16th of October 2016 President Michel dissolves the National Assembly? And the second question is “what will happen if the National Assembly does not give its approval for the appointment of a Vice-President?

The outgoing President cannot dissolve the National Assembly because the Vice-President who assumes the office of President under article 55(1) needs the National Assembly to approve the appointment of a Vice-President and a designated Minister.

The second question is equally clear article 66 (11)(a) “The President shall, (mandatory) with the approval of the National Assembly,….” Which means that the approval of the National Assembly must come before the appointment. So, if the National Assembly does not approve there can be no appointment.

Now for the third question what happens next?  Mr. Faure can break the Check Mate situation by;

(1)          Appointing someone from the Opposition to be his Vice-President who is presently an MNA because under article 66 A (5)  “A person who is a member of the National Assembly or the Judiciary shall upon becoming Vice-President cease to be a member of the National Assembly or Judiciary.”

(2)          Appointing someone from the Opposition who is not an MNA as his Vice-President.

(3)          Going back to the people by declaring another presidential election, because article 66 A (4) says “A candidate at an election for President shall designate a person as the candidate’s Vice-President and on the election of the candidate as President the person designated as Vice-President by the candidate becomes Vice-President”.

Option 3 above is contained in Act 14 of 1996 which allows the President to go back to the people for a fresh mandate before the expiration of the presidential term, and he does not need the approval of the National Assembly for his Vice-President.

Alexia G. Amesbury