SPPF GAVE OUR ISLANDS FOR 1 RUPEE TO IDC; SEYCHELLES CORRUPTION

On December 20th, 1994, Francis Chang Sam, drafted a lease for 99 years between the Government of Seychelles and the ISLAND DEVELOPMENT COMPANY LIMITED (IDC).

The Managing Director of IDC at the time was Mr. Glenny Savy and he signed the lease on behalf of IDC.  Joseph Nourice, signed on behalf of the Government of Seychelles. Chang Sam who is quiet, but is becoming known to do a lot of these cozy deals for the powerful prepared the lease documents and acted as a Notary.

Shareholders and Directors of IDC

Chang Sam was also a Board member of the Central Bank of Seychelles, long after he departed as Attorney General, and was paid to handle the Lehman Brothers Bond transactions on behalf of the Government of Seychelles. The Bond transactions of course, led to our national bankruptcy as a country in 2008 when Government of Seychelles, defaulted on the Bonds and could not make a $3 Million installment payment.

Lease Term 99 Years at One Go

The lease consideration for a 99 year lease was Rs. 1.00. No other payment was made.

The Lease included all buildings and all existing infrastructure on the following islands, many of which Mr. Savy has gone on to sign off sales and subdivisions and made numerous transactions.

All along, we were given the impression that these islands are being cared for by IDC, for the people of Seychelles.  

Are they being cared for or are they being milked?

Name Those Islands for Rs. 1.00

The islands that went for One Seychelles Rupee in One transaction for 99 years, to one company managed by one man, is as follows according to the transcription Volume TB 8 No. 214 , Registration Vol. B 33 No. 1219 , dated 20th January 1995 are: 1. Silhouette, 2. Ile Platte, 3. Desroches (of the Amirantes Group), 4. Remire (of the Amirantes Group), 5.Marie Louise ( of Amirantes Group), 6. Desnoeufs (of the Amirantes Group), 7. Poivre Atoll, 8. Alphonse and St. Francois Atolls, 9. Providence Atoll, 10. Farquar Group of Islands 11. Cosmoledo Atoll.

Stamp Duty “Free”

To add insult to injury, no valuation of assets on the islands were made. No valuation of the islands themselves made. Finally, no stamp duty was paid. Under the Stamp Duty Ordinance, section 6 and 20 Revenue Stamp it reads: “FREE”.

D’Arros Island Group

In the matter of the Bettencourt properties of the D’Arros Island Group bought from the Palavi Family of Iran, her lawyers had estimated and valued that island group to be worth Euro 1 Billion, and formed a significant portion of her real estate holdings in terms of value.

Given that D’Arros is worth almost Euro 1 Billion, what value could we place on the islands given for 99 years for Rs. 1.00 to IDC, a company that Mr. Savy will likely now try to control for life, for obvious reasons.

Restriction of Assignment

One interesting article of the lease is the restriction of assignment of any interest on these islands without the written permission of the Republic.

Has the Government of Seychelles approved of all the land sales on Desroches Island and the other islands? Why is Glenny Savy also a director of Desroches Island Lodge Ltd; is that not a conflict of interest? Is this the Government of Seychelles policy, to sell interests in the Outer Islands and promise year in and year out to build little self catering huts for local Tourism? Apparently the government pays SR800, 000 per month rent for the use of Marie Louise as a prison holding facility; a nice little earner. The government also pays SR85, 000 to IDC for each flight when transporting prisoners.

Complaining about Glenny Savy Acting like a President on Outer Islands

Those who complain that Glenny Savy acts like the President of the Outer Islands can now stop crying. The deed of Transaction that Albert Rene ordered, before he left, soon after multi party was announced, allows Mr. Savy to do what he wants to the Outer Islands. You will likely have to bring him a tin can of bully beef each time you visit if he so commands you. The Outer Islands and Silhouette have been divested from the People of Seychelles, for 99 years, thank you SPPF.

Now we know why IDC offices are referred to as STATE HOUSE at Newport.

Seychelles Skull Case; DNA TESTS INCONCLUSIVE!

Forensics experts in Mauritius say essential parts for identification are missing.

Forensic tests on the skull found in Bel Ombre at the beginning of the month are said to be inconclusive. This is what official sources in Mauritius told this newspaper yesterday afternoon after they examined the skull. The DNA tests on the skull were supposed to take place yesterday but forensic experts in Mauritius claim that parts which are essential for the identification are missing. They have asked the Seychelles police to come back with the rest of the skull.

Where is the lower jaw?

Information received so far confirms that Assistant Commissioner of Police (ACP) Reginald Elizabeth arrived in Mauritius in possession of the skull, the samples from the three families who have requested that their DNA samples be tested against it as well as bullet casings. The skull was taken to the laboratory on Monday. The bullet casings were also sent to the ballistics department on the same day. Results are still being awaited.

The police in Seychelles gave no indication of whether they had recovered the lower jaw – which is presumably what is missing - found by workers on a construction site in Bel Ombre before being re-interred. It now seems that the jaw will be vital in identifying the person the skull belonged to.

Sources tell this newspaper that the laboratory in Mauritius has been asked to determine conclusively the sex, the age and the race of the skull. It has also been tasked with determining whether it matches any of the DNA samples which have been provided. The Mauritian authorities have also been asked to determine whether the skull presents signs of injuries and it is yet to be determined if this can be done with an incomplete skull.

Bone of contention: The families who lost a loved one years ago, will be crushed by this development.

 The police confirmed on Saturday May 16 that they had recovered the skull after it had been re-interred by workers on a construction site. A few days later, the Commissioner of Police told TODAY that three bullet casings had been recovered on the site but this information was corrected by ACP Elizabeth last Friday during a press conference when he said that five bullet casings had actually been retrieved.

But no information relating to the lower jaw was given and it is not known whether it was recovered and, if so, whether it was sent to Mauritius along with the skull. As a result, forensic sources in Mauritius are saying that nothing more can be done as long as the missing parts are sent to the laboratory. This development will crush the three families that have come forward following the discovery of the skull in the hope that DNA testing could establish whether the skull belonged to one of their lost relatives. Samples have been taken from the relatives by the police for tests.

The discovery of the skull and the police’s subsequent handling of the case has also raised the question of whether all procedures have been followed in a case such as this one. In a Letter to the Editor this newspaper published earlier this week, a reader asked whether a court order for an enquiry had been issued by a judge for the purpose of taking the skull abroad for forensic examinations.

He further observed that a missing person file should have been opened and a court order sought by the police for the removal of the evidence from the country for forensic investigations. More importantly, he asked, “what independent measures have been put in place to protect the authenticity of the skull itself and to ensure that the families’ DNA are not tampered with on its way overseas?”

There has been no reaction from the authorities following the publication of those very valid points.

Source:Today

THE BIG INTERVIEW WITH PATRICK PILLAY

“I am prepared to step aside…”

There is “a big chance” that opposition parties will get together and “strategize” to fight President Michel at the next elections, Lalyans Seselwa leader Patrick Pillay tells TODAY. In the following interview, Mr Pillay makes his mea culpa for not having spoken up when he saw “corruption” when he was in power and explains why he became part of “the system”.

By Deepa Bhookhun

I’d like to start with an unsubstantiated rumour that hasn’t so far been denied by the State House, to the effect that government might be getting ready to present a constitutional amendment to change the mode of election of the President. What’s your take on that?

If this happens, then the different parties will simply have to get together and try and strategize. I personally am not worried about it. I am speaking in my personal capacity and haven’t consulted my executive committee about this but I have heard the rumours and my own personal view is that I wouldn’t worry about it, because even if they amend the Constitution - and they can as they have a majority in the National Assembly – I don’t think it will change the fact that a majority of Seychellois want to see a new government.

 It will however be a clear sign to the nation that the ruling party is in panic mode and is not confident that they can win the elections. If they were so sure of their strength, as the President said earlier this year, why does he have to amend the Constitution? Call the elections tomorrow and we’ll see.

But the political landscape has changed since, hasn’t it? Do you feel that you and your party have had a role in this?

You know, when that statement was made, I wrote an article to say that their confidence came across as arrogance and that, in fact, James Michel was providing a stimulus for the phoenix to come out of the old SPPF and this is what has happened. In actual fact, this statement was one of the catalysts that brought about the creation of our party. We thought we needed to stop this nonsense; to show that we’re not to be taken for granted. We’re not all idiots, you know.

So when the President said that he was so sure to win and could hold the elections at any time, the decision to create Lalyans Seselwa hadn’t been made yet?

No. I actually learnt that the President had said that in TODAY at my home in Morne Blanc. And I thought, ‘well, that’s a little bit rich’. And I’m sure that with hindsight, the President realizes he shouldn’t have said that because it stimulated a lot of people who were almost dormant and all of a sudden we thought no, we have to stop that.

Has the reaction to the creation of your party been what you expected it to be?

Beyond my wildest expectations. So much so that I am supposed to have been kicked out of London for having molested a child, I’m supposed to be in the ICU, I’m supposed to have molested my own child. It’s a sign of panic. I ran five ministries, I worked for government for 40 years and now all this character assassination? I expected it and I won’t react and I won’t crack. I have my mother’s strength and my father’s heart as well as my spiritual strength.

When you announced that you were going to create a new party, many people weren’t sure whether or not this was a ploy to further divide the opposition. The fact that you were very much favoured by the SBC in terms of airtime also did a lot to fuel speculation. Let’s have it out: are you or not an agent of Parti Lepep?

I was actually surprised by the coverage, I must say. I don’t watch the SBC news when I am in it so I didn’t see the coverage but I was told about it. The explanation, I think is that they are in panic mode and they’re trying to show that they’re very democratic by showing Pillay and his group. I think the reason it was aired is so that the President is seen the good guy who is now bringing democracy to the country. It has never been done before and never with the SNP.

But there’s always a first time and at least it’s positive!

Yes. But to answer your question about whether we are an agent of Lepep, the answer is no. We could be said to be an offspring of Lepep but I can say categorically that we are not an arm of Lepep. I can tell you that if one day I come out and say “let’s form an alliance with Parti Lepep” – it’s not going to happen but for argument’s sake, let’s say it does – I think my entire committee would resign and go home. We have no intention of forming any alliance with Lepep. I don’t want to be associated with certain persons in Lepep because they are corrupt to the core.

This is a perception, the President says.

Yes, apparently they’ve been saying, “where’s the evidence?” It’s everywhere. In health, in land. There are ex Ministers who have done things that the whole nation knows about.

You said that you left government in 2009 because the corruption situation had gotten out of control. Why didn’t you denounce it then?

Because there is such a thing as collective responsibility.

But surely not after you left!

No, not after I left. I did not at the time feel comfortable to talk about that for all kinds of reasons. I had been involved in certain things which I will not talk about now but when we set up our anti-corruption commission, I will have certain depositions to make. But when you are a Minister in a government, you need to have a certain amount of loyalty. The serenity prayer - help me to change the things I can and to recognise the things I can’t change - also helped me a lot back then. This has been my guiding principle and I didn’t feel comfortable in talking about what I saw. And I saw a lot.

Then some people may say that your silence made you complicit!

It could well be and if that criticism is levelled at me, then I will accept that maybe I was complicit by virtue of association; that maybe even though there was collective responsibility, I should have stood up against it. That said, I have stood up against a number of things which I won’t talk about now. But like Ahmed Afif said very clearly at our press conference, corruption is not just about stashing money away in foreign accounts, it’s also about the process of decision making which is sometimes skewed. I have fought against that in ways that haven’t been visible. I haven’t disclosed it yet because I don’t want to embarrass some people. Let’s not forget that we’re living in a country where there is a kind of institutionalized fear so you don’t want to say something that will compromise somebody’s situation. So I’d rather be accused of being complicit than saying things that will compromise the position of former colleagues.

This institutionalized fear that you talk about, let’s not forget that you were part of the system that institutionalized the fear!

I was part of the system like we have all been part of the system. What happens is that somebody disappears and then it becomes systematic. When Hassenally disappeared then Alton Ah-Time disappeared and then Sinon Desnousse went, all of us - and me included as a 26 year-old young man - start thinking “am I going to be next?” Will it be my brother next? So, to me it was not a matter of having a revolution: your mind isn’t ready for that, your personality neither; your maturity is not there so we can’t blame each other. What we all did was join the system because you don’t want to be next.

 And that fear is still there. The moment we decided to register our new party, we went to see people to ask for their support. Do you know how many people said that they will vote for us and support us but that they won’t be able to sign our registration papers because they’re scared? Their relatives who work in government might lose their job. That fear, I was telling the bishops the other day, is not going to go away tomorrow.

But things are much better, surely?

Yes things have gotten better otherwise I wouldn’t have been able to stand up and say there was corruption even when I was in government.

How and when did things start getting better?

I think there has been a lot of people who have fought for more openness and we’ve got to give them credit and respect. Wavel Ramkalawan for instance. Some people may not like him but Wavel has shown extreme courage at a time when he was being practically mauled by 33 MNAs in the National Assembly. I’m thinking of journalists in the opposition like Roger Mancienne who was constantly trying to develop that kind of openness in the system so that we have more confidence to say let’s all come out. It’s been a gradual and slow process. I can’t say it started yesterday or that it started with Mr Michel getting in power but I think people are becoming bolder.

But credit where it’s due. Maybe it is President Michel who is more open and has helped the process!

Yes and no. I think he has had no choice. He’s realised that President René had a firm hand. With President René, what he says goes.

Because of the fear?

Fear but also respect because people realised that he was firm-handed and people felt safe with him. But when James Michel came, he realised that that kind of dictatorial approach to government was working against his party and that it was in his advantage to be seen as the person who would loosen the reins a little. And he was bright enough to start doing that slowly, to bring more transparency. But in my view, it is only a perception because I think he has been as hard-handed as President René but in a different style. He has wanted to go to all the funerals, to go and visit the Pope, to visit people whose houses have burnt down. The approach has been different but I don’t think that we can say that under President Michel, the fear has gone away. He has been a little bit more open to the democratic process but there is still victimization under President Michel and, to me, that’s not acceptable.

Before you came out, there were rumours that you had the support of Albert René although he denied it in The People. But you never actually came out and said it clearly. Do you or do you not have his support?

(Hesitates…) No, I don’t think he’s said overtly that he is supporting us and I don’t expect him to. And knowing what I know, I think it’s only natural that he would try and support James Michel. After all, he is his dauphin and his anointed son and I think he sees the demise of Parti Lepep as the SPUP, SPPF before – both of which were his creation - so he doesn’t want to see that happen. He has not actually said to us that he’s supporting us but he has said that he is disappointed with the man he appointed as his successor.

When did he say that?

More than once.

And you’ve said you’ve remained friends with Sarah René. What does she say about it?

She’s very discreet and Sarah was the one who called me to ask if I had seen the article in The People, which I don’t read. I am comfortable with what the old man has said – I don’t have any problem with it.

Even with being called a traitor?

I don’t have any problem with that because I don’t expect him to say otherwise.

So you are saying that Albert Rene has to officially say he’s supporting Parti Lepep’s candidate but that privately, he might feel differently?

Absolutely.

And when you say that, you think this will bring you votes from Parti Lepep followers because it helps you to create the impression that Albert René is supporting you?

No. I thought it would but I am now convinced that it’s a small minority of old people who are SPPF diehards who will be swayed by that. But the majority of young people – those aged between 25 and 35, let’s say– will not be bothered by what Albert René says and in fact I now think that if he endorses us publicly, it will be to the disadvantage of Lalyans Seselwa.

You’re talking of people of a certain age but at your press conference, we didn’t see any spring chickens either!

Absolutely. That criticism is absolutely right and it’s been levelled at me before and I said wait for our line-up of candidates for the National Assembly elections. Wait until you see who comes on the stage when we do our first public meeting on Friday May 29. We have candidates for all districts except Praslin and La Digue, they are all young people and you will be surprised by the number of young professionals supporting us, including former MNAs of Parti Lepep.

Is this why you hinted at your press conference that there could be people in government joining Lalyans Seselwa soon?

Yes, there will be people who will come openly, people who the public would not have expected to see. Bear in mind that many people have too much to lose to come out now – because of their pensions, etc. - and they won’t come out until the end.

There’s a very interesting “engouement” for the upcoming elections. There’s now going to be a few candidates running for President. Is this a good thing?

Yes and no. I think it’s time for us all to meet together and I hope we do soon, to strategize. I don’t personally think it’s a good thing to have so many parties because it can lead to a dispersion of energy, of thought and this will be to the advantage of the monster that we want to get rid of.

Have you spoken to the other opposition parties yet?

I have met up with Alexia Amesbury and we know that we are fighting for the same cause but Alexia had wanted to show that a woman can stand up on her own and say I don’t agree and I want a change. We now have to agree on the next level. If we want a change, how do we strategize to ensure that we win the cause that we are fighting for?

So there is a chance that Lalyans Seselwa, the SNP and Mrs Amesbury’s SPSJD could get together, is that what you are saying?

A big chance. Whether there’s another two that register tomorrow and I’m sure that Parti Lepep is thinking of creating one or two PDMs (laughs…), we will certainly look at joining forces to change the system for the betterment of Seychelles, to have a more open and democratic Seychelles where there is justice.

But the big question is: if the opposition parties get together for the Presidential elections, who will sacrifice himself or herself and who is going to go for it?

I am prepared as party leader to say: look, I am not running after the post of President; if you feel that you are the one who stands the best chance of winning and three or four other parties feel you are the best candidate, I am prepared to step aside and speak for you at rallies and support you because my only wish is to die with one title and that is “Ton Pat”. Nothing less and nothing more. I don’t need titles, I’m not interested in that, I’m interested in seeing a different system where there is justice, dignity and freedom. This is what I worked for.

Have you started discussing this with the opposition parties?

No, not yet. Wavel and I meet often in social functions and we laugh and talk and we say we must talk but we haven’t so far. Alexia and I have talked.

But what you are saying is big. If all the forces of the opposition get together, you could be a force to be reckoned with…

You know, I think all of us in the opposition are wise enough to understand that as long as we remain divided, we are not going to get this man out of office. And if we have this man and his party in office for another five years, Seychelles will be irreparably damaged. We need to get together to ensure that we have a better system.

Many people have been going to the treasurer of your party, Dr Ramadoss, looking for money. Just last week, he published an insert in newspapers with allegations about the health system. Is he acting on your behalf?

The photo of him standing with a group of marginalized people is Dr Ramadoss acting as Dr Ramadoss because, you see, when he was with Parti Lepep, he was the central committee member for Mont Fleuri which is one of the disadvantaged sub districts around Victoria and it has a lot of social problems. Dr Ramadoss’ style has always been to be very kind with money. Nobody can deny that and nobody in Parti Lepep can deny that. I think he got over excited and when people came, he did give them some money but he was acting as Dr Ramadoss and not as the treasurer of Lalyans Seselwa. With regards to the insert he put in newspapers, I spoke to him when I heard of the project and I said to him that he can do what he wants as long as he does it as a medical doctor and not a member of our executive committee. He was insistent and I didn’t have a problem with it although some friends believed we should have stopped it. I am the party leader and I could have stopped it but I didn’t because I don’t think it’s a bad thing that we get people thinking about what’s going on in the dialysis department. Dr Ramadoss believes it has been effective because his message has reached many people: that the dialysis has become a bit of a racket and people get commissions when patients are treated.

How is the party doing for money?

I thought we would have done better but I think my approach was wrong. To tell you frankly, Dr Ramadoss is the one who is funding us and what I do is send my driver and a security guard to go around my districts - we’re each responsible for three districts – and to see who needs help.

 The poverty level in Seychelles is something that has shocked me. I have been in government for 42 years and when I was at the apex, I never realised that in the foothills, it was that bad. There are people who have nothing to give to their children. So what I do is send my security chap and my driver and I give them SCR400 and they take a family to the shop and buy whatever they need. I am giving money in a different way as opposed to giving money when people ask because there are so many drug addicts nowadays.

Your opponents will have more to distribute. Will this be a problem?

Human nature is human nature and people will accept money. So I say to people: take the money but vote for us. I can’t give money the way they will because I earn SCR57 000 a month which includes both my pensions and I don’t have that much money to give. So I tell people to take the money if it’s offered because at the end of the day, it is their money!

And the million dollar question – will the elections be held this year?

 I think so. Around October/ November, I would say. After the Jeux des Iles. I don’t think he’ll be waiting until next year because the party is hemorrhaging too much. The SPPF tactic when a district was hemorrhaging was to remove the candidate and replace him. If Lepep has the same system, then they will stem the hemorrhaging.

Source:Today

THE LA DIGUE LAND SCANDAL REVISITED; SEYCHELLES CORRUPTION

On the 28th February, 1997 forty (40) plots of Government land were transferred to L’Union Estate Company Limited for the nominal sum of Seychelles Rupee one only (SR1/-). The land transfer document was dated 23rd January 1997; signed by Mr. Joseph Nourrice on behalf of the Government and by Mr. Gregoire Payet on behalf of L’Union Estate.

Mr. France Albert Rene was the President in 1997 and Mr. Dolor Ernesta was the Minister for Land Use and Habitat. We have no proof that the said transfer was approved by the Cabinet of Ministers and for what purpose at the time. President Michel formed part of the Cabinet of Ministers in 1997.

James Michel says there is no evidence of corruption; but this information was made public over 2 years ago in a national newspaper. Is this President blind and deaf?The corruption and trickery that went on by people in powerful position to lay their hands on a plot of land out of the said forty plots on La Digue was incredible.

Dolor Ernesta , central committee member for Parti Lepep, made sure that he also benefitted personally in the deal; two beach front plots (LD756 & LD757) with private beach were transferred to his father for seventy five thousand ( R75,000) rupees only. Dolor Ernesta has since sold one of the plots (LD756) to La Passe Corail (PTY) Limited for five million rupees (R5, 000,000). At least this is the price on the transfer document. This is totally unacceptable.

On the 25^th August 1997; LD756 and LD757 was transferred to Mr Alphonse Betsy for SR75,000. It will be interesting to find out where the money to pay for the land came from; was it from his savings account or did Mr Alphonse Betsy take out a bank loan? The title deed of the sale was registered on the3rd of September 1997; a mere eight days after the signature. However by a great coincidence on the 18^th of December 1997, Mr Alphonse Betsy made his will/testament giving Mr Dolor Ernesta all his personal belongings, in particular his properties known as LD756 and LD757. Dolor Ernesta waited eight long years to register this document on 18^th September 2006.

LD756 represents 6022 square metres of land situated at Anse Gaulette, La Digue, by the sea. LD757 represents 1961 square metres land also situated at Anse Gaulette, next to LD756. These are 2 pieces of prime properties going to one man, an old man who happened to be the father of Dolor Ernesta the minister of land at the time. There is something very wrong about this transaction. On the 20^th of March 2012, Dolor Ernesta sold LD756 for 5 million rupees (SR5, 000,000) according to the title deed of sale registered on 22nd March, 2012. This is a piece of land that Dolor Ernesta (former land minister) got for nothing, if we are to believe the many transactions undertaken by him and his lawyers. It seems that not everything was done according to the rules and regulations (Laws of Seychelles).This evidence was completely ignored by President Michel. Dolor Ernesta used his position as minister to engineer the whole transaction for him to get the two plots of land.

MISS SEYCHELLES AND THE FLIP FLOPPING PRESIDENT

The countdown for the fourth Miss Seychelles... Another World, the third type of Miss Seychelles akin to the Third Republic will take place this Saturday at Constance Ephelia Resort with tickets cost an astonishing SR1800. This pageant must be distinguished from the original Miss Seychelles that took place between 1968 and 1976; and 1992 to 1999. Between 2006 and 2008 a second type of Miss Seychelles took place called Miss Seychelles Islands.

The first Miss Seychelles was Marie-France Lablache in 1968 and last was Lynn Gobin in 1976 before independence. The history of the pageant closely mirrors our sad and past political history. The beauty pageant was subsequently banned after the coup d’état and during the one party state era and no contests took place between 1977 and 1991.

It must be therefore recalled that, since the re-introduction of Miss Seychelles...Another World beauty pageant, the winner and princesses are invited to State House to meet the head of State, James Michel. It must also be recalled that President James Michel in 1978, as Minister of Information and Public Administration called the Miss Seychelles beauty pageant “degrading and that it does not conform with our way of life, our customs and traditions!” So they had it banned. What changed in President Michel’s principles and thinking? Will he say and do just about anything to cling on to power?

Or is he just a serial flip flopper in all policies and principles. From now on he should be called President Flip Flop because he is the same person who also said that tourism would destroy our country, the same person that said that the IMF is a monster and would bankrupt Seychelles, the person who did not believe in democracy, the same person who did not believe in free market, the same person who thought that ex President James Mancham was selling our land to Arabs, the same person who did not believe in private schools, the same person that banned football clubs. The list is endless and President James Alix Michel must be so dizzy with all his flip flopping!

By A.Pierre

DID PRESIDENT MICHEL COMMIT A CONSTITUTIONAL FRAUD IN 2004 WHEN HE WAS SWORN IN AS PRESIDENT?

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 4^th 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)

PUBLIC NOTICE FROM SEYCHELLES PARTY FOR SOCIAL JUSTICE & DEMOCRACY (SPSD)

Elections (Amendment) Act 2014 amends sub-section 97 (2) of the Elections Act 1995 by inserting a new sub-section 97 (2 A) which reads “The maximum time that may be allocated by the Electoral Commission under sub-section (2) for free political broadcast shall-

(a)   in the case of the Presidential Election for each candidate, not exceed 134 minutes on television and 149 minutes on radio;

(b)   in the case of the National Assembly Election for each candidate, not exceed 5 minutes on television and 5 minutes on radio.

The question the SPSD is asking is: How many thousands of minutes of airtime has SBC given to Parti LePep over the 11 years that President Michel has been in power? And this allocated airtimes is given to Political Parties once every 5 YEARS.

Our Manifesto:

To return ownership of State Media to the people of Seychelles.

EMPLOYEE FIRED AND BULLET CASINGS FOUND; SEYCHELLES SKULL CASE

The employee of the landscaping company who found the skull was fired yesterday. She told the police that she had informed her employer after bullet casings and the lower jaw were discovered at the H Resort in Bel Ombre.

The police have recovered three bullet casings from the construction site of H Resort in Bel Ombre, a senior police official confirmed to this newspaper yesterday. The bullet casings, which are essential for the identification of the firearm used in the killing of the person whose skull was found last week, were in fact recovered on Saturday but that information was not relayed to the press.

Patricia Duval was the one who found the skull
.

Sources have also told this newspaper that the Assistant Commissioner of Police (ACP) for Policing, Reginald Elizabeth, left the country early yesterday morning for an undisclosed destination. The trip is apparently connected to the inquiry that was initiated after the recovery of the skull and the bullet casings.

It has also emerged that the skull was initially found two weeks ago, well before the discovery of the lower jaw and the bullet casings. The person who made the initial discovery, 50 year-old Patricia Duval who was employed by the company responsible for landscaping works at the H Resort, Green Scapes Ltd, was interrogated by the police on Monday on the construction site.

On the same day, just after Ms Duval concluded her statement to the police, she was fired by Green Scapes. In a clumsily worded dismissal letter, Patricia Duval was told that she was being fired because the company had found that she had “great problems with your attitude, gossiping, un-confidential, untrustable, always mangle in not concern matters (sic)”.

It was found that her “lack of responsibility does not give a good picture to the company”. Annabelle Farabeau, the company’s HR manager, denied that the dismissal had anything to do with Ms Duval’s disclosure of the recovery of the skull. She did add however that Ms Duval “took photos of the hotel and this shows a lack of confidentiality”.

Patricia Duval maintains, for her part, that the company is so embarrassed by not having reported the matter to the police that it is looking to scapegoat the employees who helped make the matter public. Mrs Farabeau denies these allegations, adding that it’s not true to say that the onsite supervisor had ordered the workers to bury the skull.

One of the bullet casings next to the lower jaw

Patricia Duval, who has been given seven days’ notice, says she will take the matter up with the Employment Tribunal. Meanwhile she is seeking a meeting with the Commissioner of Police. Speaking to TODAY, she said that at first when they found the skull, “we didn’t take it seriously. It is only when we found the jaw and the bullet casings that we realised things were serious and we reported the matter to the management of Green Scapes”, she said. Ms Duval was also the person who “gave a burial” to the skull.

The lower jaw and the bullet casings, she says, weren’t reburied. “We just left it there and continued with our work”, she confirmed. This is being categorically denied by Green Scapes. “Management was not aware of this; we only found out on Saturday”, Mrs Farabeau said.

Meanwhile, the police have its work cut out for them as procedures for DNA testing are set to begin. These tests cannot be performed locally as Seychelles does not have the facilities but ACP Elizabeth confirmed that determining whether the skull belonged to a man or a woman, as well as it age at the time of death, will be done locally. The police would not confirm whether these procedures have started.

SOURCE:Today

SEARCH FOR IDENTITY BEGINS IN SEYCHELLES SKULL CASE

The bullet casings still haven’t been found by police.

Who does the skull found in Bel Ombre belong to? As the search for missing parts of the body whose skull was first found last Monday goes on at the site of the H Hotel in Bel Ombre, speculations are mounting as to the identity of the “victim”.

While the police say they haven’t recovered any bullet casings so far, sources tell this newspaper that landscape workers on the construction site said they had uncovered “at least ten bullet casings” last Monday. The Assistant Commissioner of Police (ACP) for Policing, Reginald Elizabeth, told this newspaper on Saturday that the workers had also confirmed the presence of bullet casings but that the police had not yet been able to recover any. Metal detectors are being used to search for the casings.

Forensic digs for skull on Saturday. Inset, when the skull was first found last Monday. Next to it, a piece of blue fabric.

Other police sources say that this difficulty is due to the fact that the crime scene had been tampered with. For instance, workers were told by their landscaping supervisor to bury the skull and the bullet casings as soon as they were find. The supervisor also failed to alert the police of the discovery, an “oversight” that may cause prejudice to the enquiry since the bullet casings haven’t been found yet.

On top of this, the skull was reburied in another location and a tree planted on it. ACP Elizabeth said the workers had “given a burial” to the skull. But had it not been for some workers who decided to take photos of the skull and of the bullet casings to post on social media, asking whether there had been a cemetery at the site, family members of some of the people who have gone missing in the country would never have been able to even contemplate closure.

ACP Elizabeth says the police are still looking for the bullet casings.

For, like ACP Elizabeth confirmed on Saturday, the skull “evidently belongs to a person who had been missing”. The bullet casings as well as the appearance of an entry wound in the jaw, suggest the person was shot dead. It will be up to the police to establish all this by looking at the evidence available. But more importantly, DNA testing will allow family members now – whoever they are – to “make their peace and find closure”.

The Commissioner of police Ernest Quatre was officially informed of the discovery by Seychelles National Party (SNP) leader Wavel Ramkalawan on Friday evening. “I’d just landed in Seychelles when I was informed of this discovery. After I saw the photos, I realized it was something serious and I called the Commissioner of Police to tell him I believed this deserved a full scale criminal investigation, ”Mr Ramkalawan said.

Director of the National Crime Services Division, Bruce Bursik speaks to ACP Elizabeth after the skull was recovered.

He adds that he gave the police a copy of all the photos that had been taken of the skull and the bullet casings the next day. ACP Elizabeth confirmed that, “an individual informed the Commissioner of Police of the matter on Friday evening”, remarking that a team from Forensics arrived at the H hotel in Bel Ombre at about 8am on Saturday.

It didn’t take the police long to find the skull. The police had interviewed the workers who found the skull and they directed the police to the spot where it was reburied. A rather large area of the hotel is still cordoned off as a crime scene and the search will continue today, sources tell this newspaper. There was no search operation yesterday however and as of this morning, no other parts of the skeleton or bullet casings had been found.

A large area of the hotel site has been cordoned off.

The police’s first task is to determine whether the skull belongs to a male or a female as well as the age of the person at the time of his or her death. This, ACP Elizabeth said, will serve to eliminate possibilities. This preliminary investigation can and will be done in Seychelles. Further DNA testing will be done overseas if needed, the head of Policing said.

Asked whether rumours affirming that the remains of a blue t-shirt had also been found were true, Mr Elizabeth replied in the negative. It is not known how long the police will keep the area cordoned off and when landscaping works at the hotel construction site will be allowed to resume. The hotel is supposed to officially open in August.

ABOUT ALTON AH-TIME

Although the police are yet to begin identification process of the skull, sources say there is a strong possibility it could belong of Alton Ah-Time. Mr Ah-Time disappeared on 13 September 1984 after he received a phone call asking him to come to the beach not far from where the skull was found on Monday. He was never seen again but his car was discovered in the vicinity the next day.

Alton Ah-Time aged 25.

Mr Ah-Time was not yet 30 years-old at the time of his disappearance. He was a member of the Mouvement pour la Resistance (MPR) led by the late Gérard Hoarau from London. Mr Hoarau was killed in 1985 by an unidentified gunman on the doorstep of his London home. Mr Ah-Time’s best friend Simon Desnousse was also found dead in 1983, in a burnt car at Anse Forbans.

Mr Ah-Time was presumed dead by his family but his body has never been recovered.

“The police should have a missing persons file and since the skull found shows that the death was not registered, I think it would be safe to say that the police could start with DNA testing so as to proceed by elimination to be able to identify who the skull belongs to. This will allow closure. If it’s not Alton Ah-Time, then it’s not him but if it is him, then the family can do a burial and close that chapter of their life”, Wavel Ramkalawan said.

This newspaper has learnt that there is a possibility that the Commissioner of Police could ask to meet members of the Ah- Time family today but this information remains unconfirmed.

SOURCE:Today

SULLIVAN GETS JAIL FOR CALLING MORGAN A TRAITOR; HOW ABOUT RENE?

Source: Regar 11-5-10 

Jail for offending Minister Morgan

Hypocrisy. April 2015

                                                                                         

A poster calling him ‘Traitor’ sent a man to jail

Bernard Sullivan has been a staunch defender of the cause of La Misere residents. This earned him 25 hours in jail at police headquarters in Victoria last weekend. According to his lawyer, Antony Derjacques, it was illegal imprisonment since there was no valid basis for the detention. It has raised further questions of Minister Joel Morgan’s use of his authority as Home Affairs Minister.

Last week, Bernard displayed on the rear screen of his car a small poster with the photograph of Joel Morgan, with the caption ‘Traitor’. On Saturday, shortly after noon, police came to arrest him at his home at Beau Vallon, stating that the poster was criminal libel under section 184 of the Penal Code of Seychelles.

Sullivan says the poster was to say that Morgan had betrayed the victims of the water pollution disaster at La Misere, by siding with and protecting those who had been responsible. It was an opinion he was fully entitled to express.

Sullivan was arrested by a squad of police officers at his home and locked up for 25 hours, despite the intervention of lawyers who asked for his release. When he was released on Sunday afternoon, there was no bail required, no charge laid, no request for him to report back. It was as if the police had decided to sentence him to one day’s imprisonment and he had served the sentence. But what it showed was that the police had no serious cause to detain and no charges to bring.

To lawyer Antony Dejacques, who has taken on Sullivan’s case, it is a clear violation of freedom of expression guaranteed under the Constitution. He interprets the police actions to have been initiated by Morgan himself, which would show an inappropriate intervention of the Minister in police matters.

The issues raised, Derjacques says, are the same as in the case of Alain Ernesta, who was arrested under the same section of the Penal Code and had his CDs confiscated on the accusation that he had libelled the President in one of his songs. The Constitutional Court established that the singer’s rights had been violated and an award of R76,000 was made against the police.

Upon Sullivan’s instructions, Derjacques if filing a case before the Constitutional Court against, the Government, the Commissioner of Police and Minister Morgan.

The power of arrest and detention is vested in the Commissioner of Police who is an independent servant of the law and who should not be subject to ministerial interference. It is a mistake Morgan has committed already, when he stated publicly that he had asked for Interpol action in the incident in which Regar published a sketch plan of the proposed Ile Perseverance Coastguard base. Morgan is prone to over-react, as shown in the Regar case. It is time he learned where his ministerial authority ends.

SEYCHELLES COUP D’ÉTAT PAST CATCHING UP?

A local newspaper is reporting news that a human skeleton has been found at Bel Ombre, the paper contacted the District Administration (DA) office and the Beau Vallon Police Station and both denied any knowledge.

As the photo shows the skeleton has been found on the site where a new hotel is under construction at Beau Belle.

The remains have been reburied before the concerned authorities including the police and the Ministry of Health have been informed.

The big question is whose skeleton is it?

 A number of people have disappeared without a trace in the country's recent history, especially during the one-party state era and their whereabouts remain a public interest.

The paper confirmed that at least one family has tried to get a Court order during the day to have the skeleton exhumed so that they can have DNA tests carried out to verify if this is the remains of their loved one.

Apparently more information will follow next week.

Source:LSH