PRESS RELEASE

APPOINTMENT OF POLITICIANS TO PUBLIC SERVICE POSTS VIOLATES PRINCIPLE OF DELINKING

Linyon Demokratik Seselwa expresses its disappointment that President Danny Faure has failed to apply cardinal principles of a democratic system in the appointment of top government officials announced yesterday.

In numerous instances, political figures have been named to positions in the public service, in clear violation of the separation of politics from the structure of the public service. These appointments are unfair to people who have chosen a career in the public service as professionals in that politicians are appointed over their heads, thus depriving them of the opportunity of promotion.

This is the case with the appointments of Mr. Patrick Herminie, Mrs. Marie-Louise Potter and Mr. Dick Esparon as Secretary of State, which is a public service position and presented as such in the announcement. Persons who have held this post up to now have been appointed from the public service and it has been regarded as the top of the career ladder for the public service.

Other political figures have been appointed to positions of Principal Secretary straight from politics. These include Mr. Kevin Vidot and Mrs. Jennifer Jasmin who were both members of the National Assembly for Parti Lepep, and Mr. Fabian Palmyre who was a candidate for the party in the last National Assembly elections. The same criticism applies to a former MNA, Ms. Cheryl Vengadasamy appointed as a Special Advisor, also a public service post, in the Police Department.

The proliferation of Special Advisor posts for persons with previous political connections is also a misuse the public service career structure.

These appointments come after President Faure has expressed his commitment to the delinking process which means the separation of the political and state structures, and also to the creation of a Public Service Commission which would regulate career issues such as promotion. What we are seeing is simply politicians being rewarded with posts in the civil service when the need to depart from such practices has been acknowledged and endorsed.

Roger Mancienne October 31, 2016

Chairman, Linyon Demokratik Seselwa

MONKEY BUSINESS AT THE JUDICIARY

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.

MERITON LAND SCANDAL

Minister Vincent Meriton’s daughter, Vladislava Vincentovna Meriton has bought land at Glacis; she is busy building. Going by her NIN number, she must have been made a citizen of Seychelles only four years ago. It is without doubt that someone high up the echelon of power has been behind the transfer because two portions of land (Parcels H10904 and H10906) had to be amalgamated into one (H10908) to suit lady Meriton. Minister Meriton, the papa of lady Meriton oversaw the whole transaction as per power of attorney vested in him by his daughter. Some people know how to get things done properly.

Was she ever on any list or as suspected did she bypass the list? Some original natural born Seychellois from the same district have been on the land bank list for over 15 years. These ordinary Seychellois were even told 5 years back that there was no government land available in this district; what a miracle for Lady Meriton.

Amalgamated and sold in the same day

There is a well published land allocation policy of the Parti lepep government of one piece of land per person, or if you have (private) land already you cannot get government land. Was this a stealth attempt to bypass this!

While many Seychellois find it hard to buy land from government even if they have the cash, others manage to do so without much hassle. The 1851 square meters of land has been transferred for a sum well below the market value of land. Is this anomaly enough to request the resignation of Minister Meriton?

LAWYER REQUESTS POLICE TO INVESTIGATE JUDGE

Judge Perera accused of the serious crime of forgery but no CAA investigations. This article is from Seychelles Weekly in 2007.

A criminal complaint was lodged with the police this week, against Supreme Court Judge A.R. Perera. The complaint was made by attorney, Mrs Alexia Antao. In her complaint, Mrs Antao has asked the police to conduct a criminal investigation of Judge Perera for forgery. According to the Penal Code anyone found guilty of forgery is liable to imprisonment of up to 3 years if convicted.

Alexia Amesbury then Antao and Judge Perera

 The complaint concerned proceedings and court records in a civil case dating back to October 2006. On October 17th at 10.00 am, court officials called a civil case with lawyer Philippe Boulle representing one party and Mr France Bonte representing the other side. The court record for the proceedings of that particular day was placed before Judge Perera for his signature. We reproduce below that record:

Mr Bonte: Your Lordship may I move in terms of my prayer.

Court (Judge Perera): There was an application for stay by Mr Boulle.

Mr Bonte: Your lordship if he has filed (sic) a reply now we take a date for ruling.

Court (Judge Perera): I will take an order on this. The case is fixed for ruling on 20th October 2006 at 9.00 am.

However, that proceeding does not appear on the records of that case. Instead, we have the following:

Mr Bonte: Your lordship may I move the motion be dismissed for want of appearance.

Court (Judge Perera): There was an application for stay by Mr Boulle.

Mr Bonte: Your lordship if he has failed to support the motion today, I move for dismissal.

Court (Judge Perera): The motion for stay of execution of judgment dated 22nd March 2006 was listed to be supported today. The parties are absent and unrepresented. On the application of counsel for the respondent, the motion is struck out.

This transcript was the one signed by Judge Perera as well as the court reporter. That last document, according to Mrs Antao, is the subject matter of the criminal investigation lodged by her with the police. Mrs Antao cites the Seychelles Penal Code which defines forgery as “the making of a false document with intent to defraud or to deceive”. The code goes on to elaborate what the “making of a false document” entails. Section 333 states:

Any person makes a false document who:

a)      makes a document purporting to be what  in fact it is not;

b)      alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document;

c)       introduces into a document without authority whilst it is being drawn up matter which if it had been authorised would have altered the effect of the document.

In an exclusive interview, we asked Mrs Antao why she has brought the complaint against the judge when she had not been mentioned in the transcript. “It is precisely because my appearance for Mr Boulle has been removed from the proceedings that alerted me to something drastically wrong had taken place.” She said. According to the cause list, the case was to be heard at 10.30 am not 10.00 am. Below is a transcript of the entire proceeding as it is recorded on the tape:

Mr Bonte: Your Lordship may I move in terms of my prayer.

Court (Judge Perera): Mr Boulle is not here.

Mr Bonte: It is alright, may I move in terms of my prayer. We take a date for judgement.

Court (Judge Perera): There was an application for stay by Mr Boulle.

Mrs Antao:  Is it a case for Mr Boulle?

Court (Judge Perera): Yes

Mrs Antao: Can I stand for him? I am ready, willing and able but un-instructed.

Mr Bonte: Un-instructed. So sit down my friend. Let me go about my business.

Court (Judge Perera): There was an application for stay filed by Mr Boulle.

Mr Bonte: Yes.

Court (Judge Perera): With your reply.

Mr Bonte: Yes. Now we take a date for ruling.

Court: I will make an order on this. The case is fixed for ruling on 20th October at 9.00 am.

Judge Perera, a Sri Lankan by birth, arrived in Seychelles 25 years ago. At the time, the judiciary served the whims and fancy of the one party state dictatorship led by Mr Rene. Under the Constitution of the one-party state introduced in 1979, no one enjoyed the protection of the fundamental rights and freedoms as we do today under the third Republic Constitution. The fundamental law was not even one-party state constitution but the constitution of the SPPF.

During his long career in Seychelles, Perera served a stint as Registrar of the Supreme Court. As a foreigner, Perera could only serve one term of seven years as a Supreme Court judge since, according to the Constitution of the Third Republic, he could not be reappointed. Perera somehow served two stints as Supreme Court Judge while still a foreigner. However, when his second term expired, Perera applied for and was granted citizenship, the consequence of which is life tenure as a Supreme Court judge. This sleight of hand has been condemned by Seychellois lawyers and politicians as an assault on the spirit of the constitution.

This is not the first time that Judge Perera has courted controversy in regard to court proceedings. In 1994 in a civil case brought by Ms Kathleen Pillay against the Russian airline Aeroflot and the Seychelles Government, Judge Perera ruled in favour of the Airline, which was represented by France Bonte. According to sworn affidavits  by two lawyers present in the court,  Ms Pillay stood up and shouted at the judge “Once again you have protected your post” and then stormed our of the court. According to these two lawyers in their affidavits, the lawyer for Aeroflot, Mr Bonte, addressed the court saying “My Lord this is a contempt of court”, to which Judge Perera replied, “I will report this matter to the Chief Justice” and then said to the stenographer, “Make a note of what has been said and I shall refer the matter to the chief Justice to deal with”.

The next day, however, Ms Pillay was served with a notice signed by Judge Perera, to appear before the Supreme Court two days later to show cause why she should not be dealt with for contempt of court.  However, when Ms Pillay applied for the transcript of the proceedings to prepare her defence, court officials informed her that Judge Perera refused to give back the file. Later, however, Ms Pillay received an extract of the proceedings from Judge Perera which had words, “Before I initiate proceedings for contempt” added.  During that time, in a sworn affidavit, Ms Pillay challenged the correctness of the record and said “… the extract provided to her was to the best of her information knowledge and belief, a false record of the proceedings”. Her allegation was further supported by the sworn affidavits of the two lawyers who were present in court on that day.

Earlier this year one of the parties in the case when Mr Boule was not present made a complaint against Judge Perera to the Constitutional Appointments Authority (CAA) to have the judge investigated by a tribunal for his conduct. When the complaint was given publicity by Nouvo  Vizyon Magazine, Perera inexplicably decided to offer an explanation to the magazine in a long letter justifying his action. In this letter, Judge Perera admitted to “recording the proceedings in chambers on the draft of the transcript of the earlier court proceedings.” Again according to him “that was no dishonest or corrupt, nor a falsification of record.”

Referring to her criminal complaint against Judge Perera the attorney, Mrs Antao, said “By his action, in my view, Judge Perera has shown that he has no integrity, is unfit to be a judge and I believe that in the eyes of the Seychellois people he has lost credibility as a judge. How many have won or lost their cases as a result of this kind of conduct. His conduct has further degraded the embattled judiciary. The judge has clearly become an embarrassment to our once reputable institution.”

This newspaper is of the view that if the authority concerned (CAA) does not intervene now and rescue the judiciary from itself, then they too would be responsible for the utter degradation of the judiciary unless such a judiciary serves another agenda contrary to that provided for by the Constitution.

Source: Seychelles Weekly 2007

NOTE:  There was never a tribunal for Judge Perera or any suspension by President James Michel. According to research the Judge was called to answer a few questions secretly behind closed doors by the then CAA Chairman France Bonte; this was a massive conflict of interest as Bonte was also implicated in the case. The investigations were buried even before it started.

LDS CONDENMS SUSPENSION AND INVESTIGATION OF JUDGE KARUNAKARAN

PRESS RELEASE

Linyon Demokratik Seselwa condemns the decision of President James Michel to suspend Judge Durai Karunakaran and to initiate an investigation, through the Constitutional Appointments Authority, into matters which have not been specified relating to his decisions and conduct.

The decision of President Michel, taken at the request of Chief Justice Mathilda Twomey, is an unprecedented and unjustified attempt to subject the Judiciary to the control of the Executive.

LDS considers that the decision is politically motivated and a measure of retaliation because of recent rulings by Judge Karunakaran in controversial cases related to the electoral process which were not in the political interests of President Michel and the Parti Lepep.

Judge Karunakaran has served the country for more than 30 years in an office of great responsibility, as a Judge of the Supreme Court and also as Acting Chief Justice, without any allegation of impropriety or complaint against his professionalism. There is no doubt that the action against him at this time is connected to the recent cases in which he has been involved.

LDS calls on President Michel and all the leadership of Parti Lepep to respect the independence of the Judiciary and refrain from using the power of the Executive and state institutions to further political interests.

Roger Mancienne October 11, 2016

Chairman, Linyon Demokratik Seselwa

SEYCHELLES PAST; THE DARK HISTORY

MASONIC MAFIA LINKED TO EDGWARE MURDER

The machine gunning of exiled Seychelles opposition leader Gerard Hoarau on the steps of his Edgware home last November was widely treated as yet another example of 'International Terrorism' at work. However, new evidence brought to light by French sources lifts the lid on a bizarre conspiracy involving the international heroin trade, the Mafia, a secret Masonic Order, and the would-be assassins of the Pope. Hoarau was the President of the Seychelles National Movement (SNM) and led the guerrilla 'Mouy6ment Pour La Resistance' (MPR), a right wing emigre coalition formed to overthrow the current government of the Indian Ocean micro state and its President France Albert Rene.

Since last February the SNM newspaper, the Seychelles Freedom Herald, published in London and smuggled in quantity to the Seychelles, has been waging a campaign against the influence of the Mafia in the archipelago—which has, been growing with President Rene's blessing. From its own investigations, supported by items in the Italian, American and British press, the SNM has concentrated its at- tack more and more on the man it considers to be the Mafia's key figure in the Seychelles, Mario Ricci.

Mario Ricci

 Aged 55 and a resident of the Seychelles for the past dozen years, Mr Ricci runs a large number of enterprises in the country, including hotels, housing developments and a tea company. Since June 1984 he has been officially accredited as Ambassador of the Order of the Knights Hospitalers of Malta to the Seychelles government. This American order is recognised by hardly any other country and has nothing to do with the charitable Rome-based Order of the Knights of Malta, but through it Mr Ricci enjoys diplomatic status and privileges, including immunity. He is also very close to President Rene, and sees him often.

In its last issue, dated September, the Seychelles Freedom Herald published letters from the Ministry of National Development in the Seychelles capital, Victoria, and from Barclays Bank showing that Mr Ricci had transferred nearly two million Seychelles rupees (about $271,000) to the ruling party, the Seychelles People's Progressive Front, in return for the indemnity of one of his Seychelles companies, Oceangate, received at its nationalisation in 1984. Oceangate, registered in Panama, received a cheque worth $500,000, when the normal practice in the Seychelles is for such indemnities to be paid in Treasury Bonds which cannot be cashed for many years.

The article ended with an announcement that "in a future issue the Herald in conjunction with an internationally famous publication, will expose on of the biggest financial scandals involving Rene and Ricci." Was this threat perhaps at the root of the decision to eliminate Gerard Hoarau? Hoarau knew Mario Ricci well. He spoke fluent Italian and became one of Mr Ricci's best friends when the latter arrived in the Seychelles. Their relationship developed over the years, and when Gerard Hoarau joined the opposition to the Rene regime, Mario Ricci partly funded the MPR, while re- maining on excellent terms with the President.

Albert Rene

At this point some of the wider ramifications became apparent. The MPR is attached to the shadowy French-based organisation, Confire'nce Inter- nationale des Resistances en Pays Occupis (CIRPO) run by extreme right wing publisher Pierre de Villemarest to ferment 'armed struggle' against Communist regimes across the world. It has a strong input from E. European emigre groups—including the current pretender to the throne of Albania—and is in touch with the S. African-backed NRM in Mozambique and the Nicaraguan Contras.

There has been speculation of some CIRPO involvement in the failed Seychelles coup attempt of four years ago.

During the preparations for the plot hatched in Room 412 of the Carlton Hotel in London in 1982, Mario Ricci gave Gerard Hoarau a credit card to enable him to pay expenses. But the room was bugged and in November 1982, the Seychelles radio broadcast recordings of the plotters' conversations. Gerard Hoarau was convinced that Mario Ricci organised the planting of the bugs and then passed on the recordings to President Rene. Even so, the two men continued to see each other regularly, their last meeting taking place in Switzerland a year ago.

However, by now convinced that Ricci was playing a double game, Hoarau must have then fallen out with his colleagues in the MPR and been threatening to expose the Mafiosi's drugs and currency operation in the Seychelles.

Gerard Hoarau had already exposed other scandals, amongst them that of the surprising protection extended by the Seychelles in 1984 to Francesco Pazienza, a Mafia big shot who was sought by the FBI, Interpol and the Italian police in connection with his supposed involvement in the P2 Masonic Lodge scandal and the collapse of the Banco Ambrosiano in Italy and drug dealing in the United States. Pazienza was finally arrested in New York travelling under a false name on a Seychelles passport which he said had been given him by President Rene.

Pazienza was also alleged to be one of the controllers of the crazed Pontificide Mehemet Ali Agca—as part of a wider plot to 'destabilise' Italy in preparation for a fascist takeover, it will be watching his trial with interest.

Nick Reilly

Source: Indian Ocean Newsletter

NTERNATIONALT1MES VOL. 86 No 2. PAGE FOUR

ANTI CORRUPTION COMMISSION

(Section 2 of the Anti-Corruption Act 2016) defines corrupt as follow:

"Corrupt" means the acts of soliciting, accepting, obtaining, giving, promising or offering of a gratification by way of a bribe or inducement, or the misuse or abuse of a public office for advantage or benefit for oneself or for another person, and "corruption" shall be construed accordingly;”

Party Lepep has created an “Anti-Corruption Commission,” to be chaired by none other than Duncan Gaswaga a former Puisne Judge of the Supreme Court of Seychelles. This raises several questions, the first of which is, why a Ugandan Mr. Danny Faure?

Bearing in mind the above definition of “corrupt” I ask the following questions:

If Mr. Gaswaga has acquired Seychellois nationality we need to be informed of that fact, and we also need to know whether it was under section 5 (2) of the Citizenship Act 1994 which gives the President total discretion to grant citizenship to a person who, in his opinion, special circumstances exist even if they are not otherwise entitled or eligible to Seychellois citizenship?

Or, was he granted Seychellois citizenship under section 5 (3) of the Citizenship (Amendment) Act 2013 which curtails the President’s discretion to grant citizenship by the imposition of a “Citizenship Eligibility Committee” to which all applications have to be submitted and which will have to be satisfied that all the criteria set out under the new section 5 (3) are met, especially when bearing in mind that a member of the Citizenship Eligibility Committee is Basil Hoareau who is a partner in the Chetty & Hoareau Chambers, and a member of the Commission emanates from there.

The credibility of the Commission depends on the personal integrity and honesty of its members. It is therefore of paramount importance that the above questions in regards to the Mr. Gaswaga are answered honestly. Secondly, if The Ruling Party is serious about fighting corruption, one of the first pieces of legislation to be brought before the sixth National Assembly is a “Freedom of Information Act”. Article 28 (4) “the State recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society”. And a Whistle Blowers Protection Act. Without these two pieces of legislation there can be no credible war against corruption.

Parti Lepep has given us other “commissions” before, such as the Human Rights Commission which has not been seen or heard of, since its creation. It did not even utter a squeak when Robert Banane was shot and killed in prison. We also have an office of “The Ombudsman” which, to all intents and purposes shut down after Judge Gustave Dodin left the office to become judge, not forgetting the notoriously embattled  Electoral Commission chaired by Mr. Gappy, which is not only  being fought  in court, but also on the Streets of Victoria.

Alexia G. Amesbury

DO WE NEED A VICE PRESIDENT?

Act 14 of 1996 amended the Constitution not only by giving us a new article 55(1) that reads as follows; “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.” but it also created the post of Vice-President by introducing a new article 66 (A) (1) “There shall be a Vice-President of Seychelles who shall perform the functions assigned to the Vice-President by the Constitution, an Act or the President.”

 However, the ruling party with its majority was not satisfied with this amendment, so in act 7 of 2000 they amended the constitution again. And gave us; Article 52 A (2) “The President may, at any time after the expiration of one year from the commencement of the President's first or second term of office, by Proclamation published in the Gazette, declare the President's intention of appealing to the People for a mandate to hold office, by election for a further term." As Mr. Faure is taking on the unexpired term of Mr James Michel`s mandate the earliest date that he can call for fresh Presidential election would be after December 20th 2016.

If Mr Faure does not get the National Assembly approval for the appointment of a Vice President and a Designated Minister; are we then looking at a scenario where he will run the country without those 2 constitutional appointees until he can have fresh Presidential elections?

Alexia G. Amesbury

OPTIONS FOR DANNY FAURE

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

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

ROY FONSEKA PROVIDES MICHEL AN EXIT STRATEGY

INCLUSIVITY & DEMOCRACY MUST PREVAIL OVER MACHIAVELLIAN POLITICS, INTIMIDATION & VICTIMISATION

When Mohamed Bouazizi, a common citizen of Tunisia made the ultimate sacrifice on the 18th December 2010 to bring world attention to the sufferings of his fellow compatriots by setting himself ablaze, it can be said that the man simply had had enough.  That triggered the Arab Spring which in turn created the tsunami that still engulfs the Middle East today.

It is true that the likes of Saddam Hussain of Iraq and Muammar Gaddafi of Libya managed to keep on 'lock down' the ever bubbling lid of discontent in their respective country.   Punching a Machiavellian fist in the air, whilst holding a flaying whip in the other hand, they ruthlessly kept their peoples on tight leashes.  Terror being their favoured modus operandi and their role models being the likes of Stalin, Hitler and those post Empire African dictators, they were always ready to arrange a one-way ticket to the Great Allah for those who dared think of an alternative.

The Middle East is indeed going through a most testing period.  But unlike other periods in its previous turbulent history, the ongoing sufferings today can be most graphically viewed right in our sitting rooms and in real time, encouraging the false argument that appeasement is less chaotic than standing up to dictatorship and corruption.   There are those (even the supposedly most enlightened) who may now prefer the devil they knew, forgetting that they also must accept the consequence of them having turned a blind eye to the devil's dance in the first place.    Such turbulent times also draws in those who are prepared to perch themselves on the fence and become lecturers and professors of hindsight.   I personally subscribe to those who somehow knew that the world was not flat and dared look towards the horizon.  

But the fall from grace of the leaders of Libya, Tunisia, Yemen and soon others may follow, could have been avoided had they been able to spot the wind of change that blew right across their doorstep.  With clear foresight, they could have considered an inclusive team on the bridge to help steer the ship and avoided falling over-board.  Like President Frederik Willem de Klerk of South Africa who must be given immense credit for his role in taking a troubled South Africa from the past to the present.  And whilst all glory centred on good old President Mandela, the ability for de Klerk to detect that Mandela was a person who could be trusted must not be belittled in any measure.  But again it is not necessarily about the ability to single out any special individual.  It is more about being able to appreciate the true mood of the public and acknowledging the surge of the wave for change.  Thereby being able to seize the opportunity and become part of smoothing its progress towards its defined course instead of futile resistance until it is too late.  Change is no doubt a most healthy moment for a country.  However, in changing a fatigued and corrupt system, the compass of democracy must direct our path towards inclusivity so that a vacuum is not created for another devil to own that space.  This is an area where the Middle East is facing its biggest challenge.

There is no doubt that the mood for change here in Seychelles is unstoppable.  There is nothing more powerful in life than the true discovery of freedom within one's self.  It starts with the simple absence of fear which takes its form through one's innate thoughts.  But once a person discovers a true and noble purpose, fear will simply disappear.  Similarly soldiers with a clear mission and purpose also experience the calmness before a major battle, and in the same way the nuns and priests who dedicated their lives to treating lepers in those early days were also fearlessly committed, not forgetting those who recently treated the victims of the Ebola virus.

And once the power of freedom is tasted, it cannot be washed off with a forced gulp of arsenic and ratcheting up the flow of intimidation.  Freedom is contagious and sooner or later, it is replaced with something even stronger - individual pride and self-worth, .known as 'esprit de corps' by the military.   And this phenomena is what is presently taking place here in Seychelles.  To have men, who having been invited to State House with the subtle offer of a fat envelope, turn their backs, walk purposefully down the lane, with head up and chin forward after refusing to swallow hook line and sinker, is not only commendable, but  was a shattering rebuke  to the offerer.  Those are marks of true patriots, who must at some future period be considered to receive the citation of the Freedom of Victoria in time to come.

Those great acts prove that the common Seychellois bears an  immense quota of pride which have been suppressed for too long.  And had we nurtured those qualities over the past 39 years, instead of the practice of manipulative politics, our country could have been the best place to live in the world.  Our service levels could be the best, our tourism industry past anything we know of today, and our youth would be full of dreams with no heroine running through their veins.    But being an optimist, I am indeed hopeful for the future.  And as we leaders set an example of pride and unselfishness, we can start claiming the future of our country for a better and refreshed Seychelles.

The public's mood is clear, eager for change.  The downtrodden have picked themselves back on their feet.  The numerous tapes of lies and promises have been rewound once too often.  The people have been pushed to their limits and cannot be fooled any further.  Like a swarm of bees, self purpose directs their movement and no-one is without labour.

On the other side, bewilderment masks those previously well favoured as they watch a determined public demanding their right to free and fair elections, demanding an end to nepotism and deep-rooted corruption, demanding an impartial judiciary, demanding an end to victimisation, and insisting on good governance.  Those demands are being persistently made in a high spirited atmosphere and through respect for the law.  Contagious optimism fills the air and smiles and laughter are back amongst the once oppressed.  'What do these guys know which we do not' the new bourgeoisie ask themselves.  Freedom and self-respect is the answer my friends.  Some suddenly realise that the light that was directed at their eyes had been masking the darkness around them and quickly jump sides.   For the rest, it is never too late to walk towards betterment.  I say come and join us, there is room for everyone on this train of democracy.

As for the President, he must find himself between a rock and a hard place as he continues to use the election commissioner to engineer more obstacles along the voting process.  Gerrymandering and threatening to strike off the electoral register, his main opponent, he continues down an old path of futility.   Unfortunately that's all he knows.  In the absence of having anyone he can trust around him, he must find himself as being in a lonely place.  Unlike FW de Klerk, he has failed to create a visionary team.  He is left surrounded by only those who believe in self-interest. 

Foresight and opportunities, are either quickly grasped or very soon become elusive.  The President could take some lessons from de Klerk and turn this present scenario in his favour.   Pick the phone up and speak to FW de Klerk, I say.  And that is sound advice.  No doubt there will be reluctance from those close to him cunningly eyeing the crown.  But has the President got what it takes?  Only time will tell.

God bless Seychelles.

Roy Fonseka

DAYLIGHT ROBBERY

Not too long ago Minister Adam announced that Seychelles Gross National Income (GNI) was in the region of $14,000 per capita and in the same breath he said that in a recent census of household income it emerged that just over 39% of the population live below the poverty line earning SCR 3900/- per month or less.

Strange, because 39, is the number of years that SPUP, SPPF and PL has been in power. I cannot help but conclude that every year that PL has been in power the level of poverty has increased by 1% therefore the question is, if PL remains in power for the next 5 years (making a total of 44 years) will those living below the poverty line be 44%? 

One of the ways through which a PL government has contributed to the creation of poverty is the issue of “tan servis”. The formula of one day’s pay for each month worked, dates back to the colonial days, but in 2010 this government found it fit to trash it down to a mere 0.8333 pay for each month worked, therefore The tax payer loses 0.1677 pay for each month worked.

For example a person earning a salary of SCR 5000.00 per month, after working 5 years in a company/Government on a 5 day week  he/ she would have earned SCR 13846.00 as “tan servis”, but under the present system where a worker gets only 0.8333 pay, for each month worked he/she would only get SCR 11537.87, because instead of the government paying the employee 60 days equal to (5 years “tan servis” on the pre 2010 formula) the government only  pays the worker for 50 days. (Which is, four years and one and a half months salary only, instead of five years). In essence the longer you serve in the company or government you loose big time!! This means for every 5 years that an employee works he /she loses 10 days pay from his “tan servis” payment. If he/she has served 15 years therefore he/she stands to loose a whole month’s salary as compensation paid to him/her. This is day light robbery!! That is not all, the employees I have spoken with all tell me that after five years service they only get around Seychelles Rupees Six Thousand as gratuity.

And this, is only one of the ways that PL uses to give the citizens of Seychelles ‘son don li”.

Alexia G. Amesbury

PARTI LEPEP SECRETS; THE BIGGEST THIEF

By Alexander Pierre

Parti lepep which was formerly SPPF (Seychelles People`s Progressive Front) are the proud owners of 40 plots of land according to the latest publicly available information at land registration. This is beyond the richter scale of wrong.  They are as follows; S4014, S3421, LD730, LD704, B827, J1770, V7267, V8336, V8337, V8051, V8013, C2432, V10072, V12249, V12250, V12256, V12257, V4908, V8911, PR1521, PR2350, H4689, S4296, LD622, PR2392, T1713, LD1097, C2782, V5487, LD1103, V102270, V12216, S6690, J2939, J2941, J1808, B2565, T3822, T3823 and V19499.

The card was so full the last 3 had to be written on the back and the amount of square metres is too much to calculate. How many Seychellois families could have benefited from those plots? How does a political party come into ownership of so many plots of land?

When a company changes name the assets and employees still belong to that company which is the same for a Political party. SPPF is now Parti Lepep. Parti Lepep always take the opportunity to make it known of how proud they are of their past. A past littered with tragic consequences of the coup d`etat such as nation division, disappearances, corruption and many more; it is dictatorial socialism and communism gone wrong. Seychelles as a nation cannot hide from these facts anymore; a change must take place. The remnants of the past must go and a new path must be taken.

International school, Montessori school, Zil Pasyon head office and District Administrations are just some known entities which are shockingly on SPPF/Parti Lepep land. Question is how much rent are they paying to the forever communist party? What do they do with the money? There are too many parcels to individually highlight them.

Parcel C2782, where the bazar at Anse Royale is located, has already been brought to the attention of the public by LDS candidate for Anse Royale, Flory Larue, in her campaign Party Political Broadcast.

Parcel  B2565, which is 12218 square metres in size, is an interesting plot to highlight. This plot was amalgamated from parcels from B499, B500 and B502; mafia style by the President of SPPF. No date was bothered to by recorded. Seychelles does not need mafias. The huge parcel which has 5 erected constructions with a swimming belongs to the Anse Polite branch of SPPF. Many questions arise.

Does the money they earn from all the rent of these parcels go towards funding the party? How long did Parti lepep wait on the land list? Many citizens who are deemed against the dictatorial party have been waiting on the list for over 30 years. There’s also no conclusive proof money was actually transferred for the ownership of those 40 plots. And what happened to the land allocation policy of this Government of  one piece of land per person/entity or if you have (private) land already you cannot get government land?

Is this why they are more determined than ever to keep the majority in parliament in case their secret comes out? Albert Rene once published a document called “SPPF Policy Statement Onward to Socialism”; is this what they meant by this? SPPF/Parti Lepep principles have totally malfunctioned; all Seychellois must take the upcoming opportunity in the National Assembly Election to vote them out!

Permission is granted to republish the article in full only.